lumbosacral Neurologist Report For Headache Claim Secondary To Cervical Spine

[mags1023]

I have a few questions for the experts here on hadit:

First I am already rated at 90% that includes ratings for:

Bi-lateral Carpal Tunnel Syndrome (30rt/20left)

Bi-lateral Cervical Radiculopathy (20/20)

cervical spine DDD with limited ROM (30%)

Major Depressive Disorder (30%)

Hiatal hernia/GERD (10%)

Broken rt clavicle with malunion (10%)

Tinnitus (10%)

I recently went to the neurologists because my claim for headaches secondary to my cervical spine condition has been remanded due to my Doctors not providing rationale when saying my headaches are due to my cervical spine condition and the VA examiner (a PA) saying that they are not due to it and providing a BS rationale. Here is what the Neurologists impression states:

Intractable headache secondary to upper radiculopathy caused by occipital neuritis. There is no MRI evidence or blood work evidence of vasculitis.

I am wondering if that impression suffices for rationale? He states it’s secondary to my radiculopathy and caused by occipital neuritis.

My follow on question is do I now have a claim for occipital neuritis? He also includes in his impression that I have Lumbosacral radiculopathy with radicular symptoms, signs of Peripheral Neuropathy, and signs of Morton’s Neuroma.

I have a lawyer who is very conservative and he doesn’t want to send this paperwork in right now because some of the ROM stated in the exam portion is greater than what I am rated at for my cervical spine right now. I am rated at 15 degrees, so I get 30% and the exam says my ROM is 30 degrees forward which could reduce my cervical spine rating to 20%. He wants to wait for the VA to do their C&P exam for my headache remand, but that could take years and I don’t trust what they might say anyway. I was thinking they might make their decision on my headaches based on this neurologists report and not make me go to a VA C&P. He wants to keep this in our back pockets.

Also, do I have a claim for these other conditions like neuritis, lumbosacral radiculopathy and Peripheral Neuropathy or is that considered pyramiding? Thanks

[Labate]

Jut wondering, is occipital neuralgia a separate rating from tension headaches? I am serve connected cervical DDD which cause tension headaches and O/N pain. However I'm not sure if VA looks at the nerve pain in Occipital Neuralgia as just a headache or as a separate malady caused by my service connected DDD. Any input would be great, thanks!

[Tbird]

6 minutes ago, Labate said:

Jut wondering, is occipital neuralgia a separate rating from tension headaches? I am serve connected cervical DDD which cause tension headaches and O/N pain. However I'm not sure if VA looks at the nerve pain in Occipital Neuralgia as just a headache or as a separate malady caused by my service connected DDD. Any input would be great, thanks!

you may want to look through some of these previous decisions by bva there may be useful information for you https://www.index.va.gov/search/va/bva_search.jsp?QT=&EW=occipital+neuralgia&AT=&ET=&RPP=10&DB=2019&DB=2018

[harleyman]

The VA rates the cervical spine separate from the thoracolumbar spine. They do not pyramid. You can have symptoms of neuritis, peripheral neuropathy of the upper and lower extrmities. Radiculopathy is also of the upper and lower extrmities. Radiculopathy and Peri. neuropathy are the same in the eyes of the rating schedule and are rated under USC 38 Part 4

§ 4.124a Schedule of ratings—neurological conditions and convulsive disorders.

It appears you are already rated for the upper extremitis as realted to the cervical spine at 20% right and 20% left for radiculopathy.

Occipital nueritis affects the optic nerve

Brachial neuritis affects the upper extremitiess.

Edited August 18, 2013 by harleyman

[Berta]

“occipital neuritis “

Many of the web sites ,when this term is googled, call it occipital neuralgia.

You might really have to hold VA's hand on this one. They might think occipital means you have an eye infection,if they dont read the neutiotis part.

“Vasculitis” involves inflammation of the arteries or blood veins and the Neuro ruled that etiology out for you.

I think this will help your claim, if the VA can read and comprehend the medical statement here from the Neuro . I had to explain to VA ,like they were ten years old, some of the medical terminology in my past claims issues.

Occipital neuritis can cause neuralgia. You should claim it but check the VASRD first.

[Hoppy]

google "occipital headaches". You will find a significant amount of info relating it to cervical spine conditions. The doctors statement should be good enough. I do agree that the VA can reduce a rating based on one single exam. It depends on the initial exam process and length of time you have had the rating.

The big issue is what type of rating will the evidence support. I have seen headache claims ran over the coals by raters. I would make sure the treatment notes support the rating you are seeking. Do not rely solely on a C&P to advise the VA of your symptoms.

[mags1023]

Thanks for the advice Harleyman, Berta, and Hoppy.