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Few Questions And Confused With Some Of This............


yelloownumber5

Question

I do have a VSO and currently rated at 50% SC for

20% Lumbosacroal Strain

10% Hiatal Hernia including GERD

20% Raiculopathy, left arm as secondary to(10% Cervical spondylosis & Foraminal Stenosis C5-C6)

0% Carpal Tunnel Syndrom Right and Left

0% Allergic Rhinitis

10% Hypertension

- Carpal Tunnel I had an EMG test consistent with carpal tunnel syndrome and another study showing carpal tunnel, I've been though theorapy and given a brace for this but it doesn't help. However, the C&P Person keeps saying I have a negative tinel and phalen results which is not true I told him of the numbness in my 3 fingers when he does these and he changed my answers to his questions in the C&P write up. I will tape record our exam next time. I did a Notice of Disagreement and they did deny this also but it is 0 percent and service connected. Should I go to the DC or Video Teleconference hearing? or just wait?

- Allergic rhinitis - sinus surgery did not help but rated 0%

- Deviated septum - Denied on NOD "granted only when the evidence shows that this occurred as the result of a tramatic event"

- sinusitis - Denied on NOD "evidence shows you till have recurrent sinus infections, but again, there is no evidence that this is caused by sinusitis."

The VARO said "The main cause of sinusitis was the deviated septum., "deviated septum is granted only when the evidence shows that this occurred as the result of a traumatic event" DENIED Also sinusitis "service connection is denied becasue the medical evidence of record fails to show that is disaility has been clinically diagnosed" Should I get my sinusitis diagnosed then?

So, should I just get or try to get my sinusitis diagnosed and into my record? Second, I was in a car accident on duty, government vehicle in Pensacola, Fl. Young and dumb.....the only thing I have is where they did take blood and urine but the vehicle was totalled the eye doctor after I retired found a Cataract from Trama.........not sure if that all would make it add up or not.

I also found in my record and found "multi level disc desiccation C3-4 through C7-T1, C8-T1 Radicolopathy. Should I claim this just as that or is it DDD, or?

My VSO had been pretty negative on everything from the beginning he told me I shouldn't claim what I have and he feels like it all would come back denied, since it was approved he has changed and seemed a bit helpful but I'm leary.

I also just had a sleep study last week and get the results next week. I know I have the "day time" fatigue and all that documented.

My treatment or lack of was between 1987-1990 in Pensacola, Fl........is there a way to get those records since nothing was in my record from this.

Thanks much,

Yelllllooooowwwwwwnumer 5 5 5 5

7 hours left to VOTE........just do it people!!!!!!!

"if you can't go through the bush wack it down"

Edited by yelloownumber5 (see edit history)
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  • HadIt.com Elder

If you have CTS and you have pain and numbness and it hinders your ability to use your hands for things like typing and all the other things we use our hands for then a 0% rating is BS. If you had an IMO from a good hand surgeon who could say how limited you are and how disabled you are from CTS you would be able to get a decent rating. Does it hurt when you drive your car? Do you drop things? These are indications you have a real problems. The VA doctor is out of his mind. I have wrist problem and after typing for more than a few minutes I always have some pain and swelling.

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  • HadIt.com Elder

Yelloownumber5,

According to the rating schedule the septum can only be rated if it was due to a traumatic injury. So, if there isn't any records of you having a traumatic injury to the septum while on active duty, there isn't a basis for service-connection. The rating criteria is;

6502 Septum, nasal, deviation of:

Traumatic only, With 50-percent obstruction of the nasal passage on both sides or complete

obstruction on one side............10%

As far as the sinusitis, apparently there is no clinical diagnosis of this in your records and when you went for your C&P exam, the doctor probably opined that your sinus infections were probably due to the septum and not actually caused by sinustis. You'll need to get an Independent Medical Opinion (IMO) from another doctor that actually assigns a clinical diagnosis to this condition and makes a determination that it is "at least as likely as not" your current sinus infections are the result of (Insert clinical diagnosis here, probably some type of sinusitis). The doctor must also review your SMR"s and provide a rational as to why he came to the conclusion he/she did. The ratings for sinusitis are;

6510 Sinusitis, pansinusitis, chronic.

6511 Sinusitis, ethmoid, chronic.

6512 Sinusitis, frontal, chronic.

6513 Sinusitis, maxillary, chronic.

6514 Sinusitis, sphenoid, chronic.

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

Detected by X-ray only............................................................................

................... 0

Note: An incapacitating episode of sinusitis means one that requires bed rest and treatment by

a physician.

As far as the car accident and the cataract, you'll also need an IMO from a doctor in which he/she states that "it is as least as likely as not" the cataract was caused by the car accident while in service. Remember, it is very, very important that the doctor explain their rational for their determination. Otherwise, if he/she fails to do so, the IMO probaly wouldn't carry very much weight when it comes time for the claim to be rated. Furthermore, if you were seen by a military hospital after the accident, then those records will not be in your SMR's. They are stored in St. Louis acording to the treating facility. Just fill out an SF 180 and request your "Clinical and Inpatient records" from the hopsital that you were treated at. Also give them the approximate dates and year when the treatment happened.

You stated that you found "multi level disc desiccation C3-4 through C7-T1, C8-T1 Radicolopathy" in your records. You said you were already receiving sevice-connection for Cervical Spondylosis at 10% and radicolpathy in the left arm at 20%. Therefore, you are already being compenated for this.

I hope this helps!

Vike 17

Edited by Vike17 (see edit history)
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John,

Yep he gave me the big zero even on my NOD. I have the EMG Test by the sports medicine people and other test stating BiLateral CTS. I even explained to him that I do drop things daily.....putting on my uniform ribbons used to kick my butt! Have to shake out my wrists and the pin and needles feelings. In the military I typed too much and well........you know the deal now. Yes, driving the car I subconsciously rest my wrists at the bottom of the stering wheel vice holding it. Maybe I need an accident and tell them I thought something was wrong but my C&P told me it was in my head.

I just wondered if anyone had problems with this also.....or maybe I'm being too proud about something and not telling them.

Thanks

Yellooww

If you have CTS and you have pain and numbness and it hinders your ability to use your hands for things like typing and all the other things we use our hands for then a 0% rating is BS. If you had an IMO from a good hand surgeon who could say how limited you are and how disabled you are from CTS you would be able to get a decent rating. Does it hurt when you drive your car? Do you drop things? These are indications you have a real problems. The VA doctor is out of his mind. I have wrist problem and after typing for more than a few minutes I always have some pain and swelling.
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