tdiu Foot Drop/sciatic Nerve/diabetic Perpheral Neuropathy

[indyman]

I have been following posts on foot drop and whether it gets a schedular rating or SMC K rating and I am confused. During my NP C&P exam the NP stated yes to the question "does the veteran have lower extremity diabetic peripheral neuropathy" She indicated the nerve as the sciatic nerve. She gave both left and right (bilateral) as Moderately Severe.

In her narrative she indicated I have servere bilateral lower extremity peripheral neuropathy as well as moderate upper extremity periperal neuropathy. He has foot drop bilaterally and wears hinged braces to assist him in maintaining his normal gait.

Is this a schedular rating or an SMC K?

It is all part of a TDIU claim. Any help or thoughts/opinion(s) and I'll read them.

Thanks.

[FrankieG23]

Indy, I believe in order to get the SMC/K loss of use it has to be severe I think it's given a rating 40%, anything less than that would not be SMC/K. I wish to thank you very much. You posted looking for help, and I think you may have helped me. If that is a standard question on C&P exam for foot drop, my husband's examiner can answer yes to the part about having diabetic PN and maybe this will help. That might mean they will use this as criteria for foot drop. My husband situation is different, he can't secordary anything to back issues or spine issues as he it not SC for that. In order to get foot drop it has to be scondary to SC diabetic PN only. So VSO thought he would have hard time because condition is caused by his nerve root impingement as well as can be caused by diabetic PN. His IMO states both conditions on it. VSO thought this would hurt husband's claim using this. I didn't know this was on an examiner's question sheet. Like I think John said, that medical test shows what it shows and we can't change that, but I feel better knowing that at least the diabetic PN is adressed on exam and maybe that might help and they won't split hairs on which condition caused foot drop, and husband might as well start claim now so as to (god willing, knock wood) he gets approved it would be a little retro. I think another SMC/K would involve another 100, not sure on this. Good luck, Indy.

[indyman]

Actually total paralysis with total foot drop is considered 60%, based on the chart in title 38 part IV. I was rated as moderately severe bilaterally. My NP did a 84 page report on me. Every page had certain detailed yes or no questions with narratives to follow. One question read: Does the veteran have lower extremity diabetic PN. The answer was YES. Then it ask to define which nerve was effected. Answer was Sciatic. Then under the Sciatic nerve it had four levels of severity. Mild, Moderate, Moderately Severe and Complete Paralysis. Mine was as stated before, Moderately Severe. It asks for both sides. Then a short narrative by the NP on my individual unemployability. Then the same questions on upper PN issues. But I noticed only complete paralysis, moderate and mild. No mention of Moderately Severe on the printed questions. I hope this helps you. I was very lucky and got a very knowledgeable NP who had been an emergency nurse (triage) and an instructor, private nurse, the whole nine yards. And afo's are no fun. They tear up jeans, and are uncomfortable. The VA seldom looks at something is just not comfortable. You should get 10% for something that is uncomfortable, but they dont see it that way. Good luck.