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Am I Missing Something?


david walker

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Get this - I am 20% SC for DDD cervical 4-5-6 fusion with broken hardware, herniated disk at 3-4 & 6-7. 10% for arthritis of the wrist, 0% for trauma to elbow, 10% for trauma to shoulder and was deined claim for cervical radiculopathy both arms. Had a NCS at VA show carpal & cubital tunnel and bilateral radiculopathy. Yesterday I gat a letter wanting more medical documentation - THEY WANT TO KNOW WHY I THINK MY CARPAL TUNNEL IS SC. I am I wrong in believing to injury to my right arm has caused the carpal tunnel or the damage my have worsened it. What is wrong with these people?????

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David- in the decision -did they refer to the carpal & cubital tunnel and bilateral radiculopathy?

Sounds to me like they didnt read it all-

Your claim makes sense to me but the VARO seems to want a medical link-

In your med recs, did any doctor state at all- that there is a link from all or any of your disabilities to the bilateral radiculapathy?

This BVA decision- a remand is not exactly like yours but the BVA wanted a clear medical statement:

http://www.va.gov/vetapp95/files4/9516971.txt

"The RO should schedule the veteran for VA neurological

examination to determine the nature and etiology of his

cervical radiculopathy, lumbar radiculopathy, and left

carpal tunnel syndrome. All indicated studies should be

performed and all clinical findings reported in detail. The

examiner should give fully reasoned opinions concerning the

etiology of the veteran's cervical radiculopathy, lumbar

radiculopathy, and left carpal tunnel syndrome, including an

opinion as to whether it is at least as likely as not that

there is any causal relationship between such disorders and

the veteran's service-connected cervical strain and

lumbosacral strain. The doctor should support his or her

opinions by discussing medical principles as applied to

medical evidence in the veteran's case."

Actually I am thinking that the doc should have stated if there was a link in your case. Do you have a copy of that C & P exam?

"What is wrong with them"-I say that all the time- but one thing is for sure- most VA raters will not make a decision unless they can back it up with medical info.

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post-154-1162217156_thumb.jpgDavid that is sad.

Did you know that c6 nerve root includes the median nerve?

It also includes the Deltoid muscle int he arm.

Do you have the original operating room report in your posession or does the VA have it?

The or report is a play by play of exactly what they found and did at surgury. It is undebateable. No test, or opinion can over ride it for it is an actual diagnosis.

Obtain the report and all or reports and read them closely. you are looking for a Nerve root compression which if is chronic ( lasting over time is considered permanent)

I receive the same type of denial in 03 for the exact same thing. I won at the DRO because of the Operating room report. ( Have not got the official decision yet but according to the VSO, It is a win for Carpal Tunnel, Radiculpathy of the c6 nerve root.)

Compare your report to mine if you need to.

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  • HadIt.com Elder

David,

There is nothing wrong with you in thinking that your carpel tunnel may be service-connected. However, as I have said numerous times, the RVSR's are not medical personnel are are prohibited by law from making medical determinations. They have to have something from a medical professional stating that one condition "is at least as likely as not" the cause of another condition. The medical professinal must also give their rational as to why they have come to that particular conclusion in order for VA to legally grant service-connection.

Vike 17

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Also note that individuals who have diabetes, hypothyroidism, lupus, obesity, and rheumatoid arthritis are more likely to get CTS. In some of these patients, the normal structures in the wrist can become enlarged and lead to CTS.

If you have any of the above-noted conditions that are service-connected, you could claim CTS as a secondary condition. I don't know if that comes into play in your situation, but I thought I'd mention it. My husband has hypothyroidism and carpal tunnel syndrome, and we're in appeals for that claim, even though we had three board-certified physicians (one of them being Dr. Craig Bash), attest that the condition was at least as likely as not related to the service connected hypothyroidism. The C & P exam was conducted by a non-board certified internal medicine generalist.

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  • HadIt.com Elder

Vike17 pointed the way to a quicker victory. Get the medical opinion and skip the RO which will probably remand it right back to the same RO a few years later.

Good Luck

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  • HadIt.com Elder

David,

What was the logic for denial of the ridiculopothy both arms. What does the rating schedule say about riduculopothy. Possibly they need the neurologist to explain that the riduclopathy is caused by or secondary to the Cervical disk problem that originated in the service as opposed to normal aging. Get another appointment with the neurologist or get your primary doctor to write an opinion.

Also, see if you can get another NCS or EMG. They tried to tell me I had carpul tunnel when in fact the nerve slowing was due to riduclopothy of the C-4. There are differrnt types of tests that they do for nerve conduction find out which is the most accurate. I have had two different types of NCS/s on my left arm.

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