Opinion On C&p Diagnosis Of Service Connected Conditions (Request For Increase)

[porter74]

C&P Comments Seeking Input as to Request for Increase [-]

The following statements were included in the Final Diagnosis on 4 of the contentions that I am seeking increases on:

1. Menieres Disease Current Rating 30% Increase in attacks of vertigo 2 or more time per week

The final diagnosis is a progression of his service connected diagnosis as the vertigo component of his Menieres Disease has increased in frequency. His tinnitus persists. Thus the diagnosis remains the same and progression has occurred.

2. Sinusitis and Rhinitis Current rating 10%

The final diagnosis is a progression of the current service connected diagnosis due to sinusitis with associated headaches and allerigic rhinitis.

3. Peripheral Nerve Conditions (10%) Moderate/Mild Reduced movement per ROM testing

The final diagnosis is a progression of the current service connected diagnosis due to increase in pain and paresthesias and recent onset of stiffness of radial hands/wrist as well as further increased dexterity and ability to perform repetitive tasks using first two digitsof either hand

Limited to lifting 10lbs during flare ups and 30lbs normally.

4. Carpal Tunnel Syndrome Current 20 /10 Moderate/Mild Reduced movement per ROM testing

The final diagnosis is a progression of the original service connected diagnosis due to increase in his pain and paresthesias and onset of stiffness of radial hand wrist. Decreased dexterity in both hands.

5. Cervical Neck Conditions Current Rating 20%

The final diagnosis is a progression of the current service connected diagnosis due to degernative arthritis of cervical spine with radiculopathy and bilateral nerve group involvement. There is severity of pain as well as radiculopathy down upper arms bilaterally. Demonstrates decreased range of motion.

[free_spirit_etc]

I am only semi-familiar with two of the conditions (in regard to rating) because those are two of the conditions my husband had.

Sinusitis - It says the disease has progressed, but I don't see any specifics. Are your symptoms incapacitating? Or how many times per year do you have non-incapacitating episodes? Where do your symptoms fit into the rating schedule?

General Rating Formula for Sinusitis (DC’s 6510 through 6514):

Following radical surgery with chronic osteomyelitis, or; near

constant sinusitis characterized by headaches, pain and

tenderness of affected sinus, and purulent discharge or

crusting after repeated surgeries................................................................... 50

Three or more incapacitating episodes per year of sinusitis requiring

prolonged (lasting four to six weeks) antibiotic treatment, or;

more than six non-incapacitating episodes per year of sinusitis

characterized by headaches, pain, and purulent discharge or

crusting......................................................................................................... 30

One or two incapacitating episodes per year of sinusitis requiring

prolonged (lasting four to six weeks) antibiotic treatment, or;

three to six non-incapacitating episodes per year of sinusitis

characterized by headaches, pain, and purulent discharge or

crusting ........................................................................................................ 10

Cervical Neck Conditions - how much has the range of motion decreased? Where does it fit in the rating schedule?

The Spine

Rating

General Rating Formula for Diseases and Injuries of the Spine

(For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating

Intervertebral Disc Syndrome Based on Incapacitating Episodes):

With or without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease

Unfavorable ankylosis of the entire spine............................................................... 100

Unfavorable ankylosis of the entire thoracolumbar spine......................................... 50

Unfavorable ankylosis of the entire cervical spine; or, forward flexion

of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of

the entire thoracolumbar spine............................................................................. 40

Forward flexion of the cervical spine 15 degrees or less; or, favorable

ankylosis of the entire cervical spine.................................................................... 30

Forward flexion of the thoracolumbar spine greater than 30 degrees but not

greater than 60 degrees; or, forward flexion of the cervical spine greater

than 15 degrees but not greater than 30 degrees; or, the combined range of

motion of the thoracolumbar spine not greater than 120 degrees; or, the

combined range of motion of the cervical spine not greater than 170 degrees;

or, muscle spasm or guarding severe enough to result in an abnormal gait

or abnormal spinal contour such as scoliosis, reversed lordosis, or

abnormal kyphosis................................................................................................ 20

Forward flexion of the thoracolumbar spine greater than 60 degrees but not

greater than 85 degrees; or, forward flexion of the cervical spine greater than

30 degrees but not greater than 40 degrees; or, combined range of motion of

the thoracolumbar spine greater than 120 degrees but not greater than 235

degrees; or, combined range of motion of the cervical spine greater than

170 degrees but not greater than 335 degrees; or, muscle spasm, guarding,

or localized tenderness not resulting in abnormal gait or abnormal spinal

contour; or, vertebral body fracture with loss of 50 percent or more of the

height.................................................................................................................... 10