vet201060 Posted August 25, 2014 Share Posted August 25, 2014 I am fighting to get my sciatica rated and they keep calling it hip strain. I have heard of Vets getting rated for leg pain and trying to see if anyone else has been down this road too. Thanks guys! Link to comment Share on other sites More sharing options...
0 ArNG11 Posted August 28, 2014 Share Posted August 28, 2014 You are quite lucky in that respect. The MRI's I had are listed in the evidence but never mentioned in the c&p or the decision. If they would acknowledge the body of evidence the outcome would have been significantly different. Ah that's what the appeals process is for and why lawyers are needed. My initial claim was for my lower back only. I had the radiating leg pain at the time, but was not aware that I was able to claim it (I was new/ignorant and had poor assistance). That claim was successful, but got a low-ball 20% rating. About a year later, I filed for an increase plus added the legs as secondary. Filed the new claim FDC (fully developed claim) and in only six weeks, I received the increase on my back (40%) plus both legs were connected (right leg moderate 20% and left leg mild 10%). I had one c&p exam and it was very simple. Mostly just questions about the pain. The c&p examiners during both of my claims commented on my MRI. Both stated that the MRI showed my back was so bad, they didn't really need to do any other tests. Apparently the MRI made all the difference in my case. Mr. A " FIGHT TILL YOUR LAST BREATH " Link to comment Share on other sites More sharing options...
0 Content Curator/HadIt.com Elder Vync Posted August 28, 2014 Content Curator/HadIt.com Elder Share Posted August 28, 2014 You are quite lucky in that respect. The MRI's I had are listed in the evidence but never mentioned in the c&p or the decision. If they would acknowledge the body of evidence the outcome would have been significantly different. Ah that's what the appeals process is for and why lawyers are needed. Congratulations on winning your increase! Unfortunately, too many times it takes several trips to point out what they should have seen in the first place. The VA is allowed to vaguely mention a list of evidence. I have seen some raters go the extra mile and state something like "your MRI on {insert date here} showed {insert details here}", but I have also seen raters be very nonspecific and state stuff like "you had MRI's. you had pain blocks, etc...". I think that's where you can tell the quality of the person reviewing your evidence and whether or not it was actually reviewed in full. In some cases it is like finding the needle in the haystack. I prefer to find it for them and then say, look, here it is! "If it's stupid but works, then it isn't stupid."- From Murphy's Laws of Combat Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information. Link to comment Share on other sites More sharing options...
0 ArNG11 Posted August 28, 2014 Share Posted August 28, 2014 I'm not done yet Vync. Although I must admit a couple of times I've looked into throwing the towel on a permanent basis. Still do, however, I keep the demons at bay. They'll get it right even if I have to do it by all means necessary. In the end I won't ever get back what I lost and $ isn't going to mend the deep wounds or anything like that, I am going after the principle of the matter, going after my own definition of justice if there is such a thing. I just can't keep ignoring the pain, and the anguish. In any case, way off point here. The ratings for leg and nerve pain were automatically done for my left, low balled of course, the first go around and I had to nudge for the second to get the right. At NOD time I pretty much laid it out for the VA, primary injury to include all the secondaries such as muscle and nerve and other rate able and affected body parts. The VA tried to say in so many words the IVDS of L1 doesn't cause osteoarthritis of the spine and hips and I agree. Falling from a moving vehicle and landing on your back and hip however, does. Voila. Traumatic injury, connect the dots VA. It's ok. My points will be made LIMA CHARLIE soon enough. Mr. A " FIGHT TILL YOUR LAST BREATH " Link to comment Share on other sites More sharing options...
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vet201060
I am fighting to get my sciatica rated and they keep calling it hip strain. I have heard of Vets getting rated for leg pain and trying to see if anyone else has been down this road too.
Thanks guys!
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Vync
Same here. Was SC for cervical and lumbar degeneration. Won SC for peripheral nerves in all extremities. The EMG's were no fun at all, but taking them prone vs standing produces less rfindings.
ArNG11
I find that on the EMG to get and accurate reading or fair assessment of the radiculapathy pain and numbness both must be performed in the sitting, prone, and standing position, but what do I know I j
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