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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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rpowell01

What Does This Mean?

Question

I want others input on this because I don't understand this. This is something have totally missed and didn't even read this on my last decision letter. It reads at the very beginning on my cervical issues:

The evaluation of degeneration of cervical intervertebral disc and cervical radiculopathy
is continued as 20 percent disabling.

My question is how can they write cervical radiculopathy when in fact they denied all my cervical radiculopathy in my arms and hands?

I now have a Dr. Bash IMO/IME on hand and was submitted for my NOD by DRO and have yet to hear a thing on that but I guess with my new IU claim they want to do that first. Anway I find this oxymoron that they would write this and deny all my radiculopathy issues.

Give me some opinions or if you have ever seen this....

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It sounds like they denied some of the symptoms of you cervical problems in your hands and arms. I have cervical radiculopathy and the main symptom is radiating pain down my shoulder into my left arm. Did your medical evidence say that your hand and arm problems were a secondary result of your cervical problems? If your doctor does not say it the VA will not connect the dots no matter how obvious. Yes, I have seen the VA do stupid things like this all the time. Appeal!

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John they denied every radiculapathy claims.

Well here is the thing, I had a Neurologist (private) do some test on me and he had an MRI done. His conclusion was that I had "Cervical Radiculopathy". He also said I had Carpel Tunnel which I have proved to be wrong because cervical radiculopathy can imitate carpel tunnel. I had an epidural in my neck that took away the tingling in my hands which proved I didn't have carpel tunnel. Whenever I ask the Neurologist about where the pain was coming from he said from my neck. BTW, the MRI showed I had a couple of herniated discs causing foraminal stenosis.

I had filed for Bilateral Carpel Tunnel, Biateral Radiculopathy in the arms and hands. I also had filed radiculopathy in the legs. Well the VA C&P examiner made everything complex in his statements and he basically said that since I didn't have radiculopathy in the military then its no way related. What they lack to do is to actually connect the dots, they don't want to connect the dots. They even lie saying that journals do not say that one injury will lead to others later on in life. I have done my homework and have read a lot of journals that do in fact say that injuries will likely lead to other disabilities later in life, mainly in the spine.

Dr. Bash finally connected the dots and I am still awaiting a DRO hearing on my NOD but it appears they are working on my IU case. I think Dr. Bash's report IMO/IMO has ripped the C&P examiner's report apart and that is why they are working on the IU instead of the NOD by DRO.

Don't they have a certain amount of time to have a hearing for the NOD by DRO? I filed the NOD by DRO back in May or June of last year and ebenefits doesn't show nothing about that NOD. I filed for IU back around the same time and it shows they are now Gathering Evidence.

I have this feeling they are going to approve the IU and see if I drop the NOD by DRO...Well they got something coming if they think this boy is going to back down mainly now that I have Dr. Bash's report....Dr. Bash is a really smart person and I would never have figured that all my issues from the neck and back injury was in fact muscle ripping from my joints in my spine. They never healed back correctly and because of this caused vertebras' to become loose which is caused DJD and now Sponylosis/DDD....

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I wouldn't think the epidural in your neck would rule out carpal tunnel. If you shut off the sensation of pain on a nerve everything down stream of the local is going to disappear. The VA has no Statuatory time limits on the DRO process, in a sense you are at the whim of the Regional office and the individual DRO.

Best regards,

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