How Is Radiculopathy Rated By The Va

[lcplcookba1]

I just completed my C&p EXAM on Jan12 however I am scheduled for a neurology exam Feb13 how is radiculopathy rated for ddd by the VA, where I was told to get an EMG for the radiating pain in my legs and feet. Will the VA rate this pain before the get the EMG results or will I have to appeal? or something different, you guys have been great at answering my questions so far. And I am grateful to all!

Edited January 29, 2015 by lcplcookba1

[63SIERRA]

do you wish to know why they dont put much detail in explianing denials??? \

I will tell you why, because it can work in your favor in an appeal

A VERIFIABLE LIE, IS AS GOOD AS A CONFESSION

The reasons will generalize terms, such as,, " the veteran does not meet the criteria"

" this is non compensable due to lack of continuity"

" there is no record of injury in service"

I dont think it is too much to ask to get a detailed , thourough accounting of why a veteran was denied compensation. A veteran shouldnt have to wait for a SOC, or a SSOC, or a court date, to be given detailed information on why they were denied.

The guise they run this scam under is the ? pro se" vet friendly umbrella., The va tries to convince the vet that they have tried very hard to award service connection and comp for thier claims, but they just couldnt do it, so no explaination is needed because they are our advocates. The uninformed trusting veteran thinks to themselves,,

well I guess I was just wrong, and thats that, life goes on, . When the real reality is the veteran was lied to, abused, manipulated, and cheated out of benefits they earned by spilling blood, sweat and tears for thier country.

THE EVIL SOBs who are doing this to veterans, letting people do this to veterans they supervise and turning a blind eye to these criminal activities will one day answer to the one who didnt think he was God, he really was and is God. I would not want to be standing in the drawers of the greedy, lying , arrogant, dispicable, people doing this to veterans and thier families on that fine day.

Edited January 31, 2015 by 63SIERRA

[63SIERRA]

"On one of my contentions, there wasn't even a complete sentence to explain the denial."

your denied because... uhhhh. uhhhhh.. uhhhhh.. your just denied. NEXT!!!!!

[Julie1975]

"On one of my contentions, there wasn't even a complete sentence to explain the denial."

your denied because... uhhhh. uhhhhh.. uhhhhh.. your just denied. NEXT!!!!!

haha, yes my 23-page decision letter just has me shaking my head in confusion. Couldn't make this up if I tried.

Another bizarre example is where they combined my GERD/IBS and gave me 10% for GERD.

My STRs and C&P clearly documents my diagnosed IBS w/constant constipation/diarrhea

My decision letter states: Your IBS "warrants a noncompensable evaluation based on: Alternating diarrhea and constipation".

38CFR clearly states a 30 percent rating is awarded for IBS with "alternating diarrhea and constipation"

What the what?? lol

[ArNG11]

You have to read the regs on that. I had similar instances in my rating of GERD and IBS. You don't have to meet all the listed symptoms in order to get the higher rating. The VA raters are supposed to look at the results and compare your symptoms to all facets of the higher rating schedules. If your conditions has symptology in both the lower and higher brackets of the disability schedule, they are supposed to go for the higher rating. They never do that. Hence that is why so many claims are in the appeal cue. Ill try to find the references here in a bit. Specifically for GERD and IBS. Also if your having to take medication they are not supposed to assign a 0%, your condition must be considered how it affects you if you were not on medication. Kind of like I have sleep apnea. I use a CPAP. Oh heh he uses a CPAP, he doesn't have APNEA anymore. No more problems.

Rather let me correct that. They are supposed to consider all symptoms and rate higher if it matches the higher rating. It's not if you have all these you are given the higher rating.

Edited January 31, 2015 by ArNG11

[ArNG11]

§4.10 Functional impairment.

The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity.

§4.6 Evaluation of evidence. The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. §4.2 Interpretation of examination reports.

Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes.

§4.1 Essentials of evaluative rating.

This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. For the application of this schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. Over a period of many years, a veteran's disability claim may require reratings in accordance with changes in laws, medical knowledge and his or her physical or mental condition. It is thus essential, both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history.

These references hit some of what you are talking about Julie1975. The eCFR server kicked me off before I could get the digestive schedules but I know I've read them before the info is on there.

[lcplcookba1]

You have to read the regs on that. I had similar instances in my rating of GERD and IBS. You don't have to meet all the listed symptoms in order to get the higher rating. The VA raters are supposed to look at the results and compare your symptoms to all facets of the higher rating schedules. If your conditions has symptology in both the lower and higher brackets of the disability schedule, they are supposed to go for the higher rating. They never do that. Hence that is why so many claims are in the appeal cue. Ill try to find the references here in a bit. Specifically for GERD and IBS. Also if your having to take medication they are not supposed to assign a 0%, your condition must be considered how it affects you if you were not on medication. Kind of like I have sleep apnea. I use a CPAP. Oh heh he uses a CPAP, he doesn't have APNEA anymore. No more problems.

Rather let me correct that. They are supposed to consider all symptoms and rate higher if it matches the higher rating. It's not if you have all these you are given the higher rating.

Question, Then why do they rate restrictive lung disease after the inhaler is used and not before??