degenerative arthritis C & P Exam Of Thoracic Spine

[gs106]

Can someone please explain how a C & P examiner can write what he or she pleases without regard to the examination? I finally got to look at the x-ray results and examiner's notes from my C & P exam. I couldn't bend forward 60 degrees if I had someone forcing me forward and may have made it to 45 degrees with pain during the exam. Can a NOD be for a specific disability(s) or does it have to be for everything in the notification? Is there an alternative to a NOD when the examiner made numerous incorrect entries in his notes? Finally, in the decision it states "xxxxx unless the evidence shows: xxxx xxxx abnormal spinal contour such as scoliosis." Does that not contradict the x-ray report that says "mild scoliotic curvature is present"?

X-ray report:

Report:

Lumbosacral spine:

Examination of the lumbosacral spine demonstrates intact bony

structures. Mild scoliotic curvature is present. An

Paravertebral soft tissues appear normal. The intravertebral

disc spaces demonstrate diffuse degenerative changes throughout

the lower thoracic spine. There is degenerative disc narrowing at

L1-2, L2-3, L4-5 and L5-S1. Disc vacuum is present at L5-S1 with

loss of normal disc space at L4-5 and articular sclerosis.

Second-degree spondylolisthesis is present at this level. There

is advanced posterior element sclerosis from L3-S1. Marginal

hypertrophic spur formation occurs at all lumbar levels. No acute

injury is identified. Sacroiliac articulations are anatomic with

bilateral articular sclerosis.

Impression:

Lumbosacral spine with degenerative disc disease. L4-5

spondylolisthesis. Diffuse posterior element sclerosis.

Degenerative osteophyte formation.

END

Decision notification:

We have assigned a 10 percent evaluation for your arthritis, thoracic spine based on:

Localized tenderness not resulting in abnormal gait or abnormal spinal contour.

Additional symptom(s) include:

Combined range of motion of the thoracolumbar spine within normal range

Forward flexion of the thoracolumbar spine within normal range

Painful motion upon examination

The provisions of 38 CFR 4.40 AND 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR 4.59.

A higher evaluation of 20 percent is not warranted for degenerative arthritis of the spine unless the evidence shows:

Combined range of motion of the thoracolumbar spine not greater than 120 degrees: or,

Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 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.

Additionally, a higher evaluation of 20 percent is not warranted for degenerative arthritis of the spine unless the evidence shows:

X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating exacerbations.

[Navy04]

Its hard to say bud, I had my Back C&P a few months ago, and after MRIs and Xrays showing DDD, Bulging Disc and a Hole in my Spine, I was granted 20% for Lower Back, and 10% for Tingling down spine and back. So instead of a single big rating, the VA granted back and even gave me the New SC of 10% for a condition without me asking. Just never really know bud. Sorry for your issues

[Flensburg]

Ironic, the portion of "Decision Notification" is so identical to what I received, under similar "lumbar issue" circumstances.  Tax payers funds used to pay someone who, appears, all they do is "copy paste."

Hooah!!

Edited November 20, 2019 by Flensburg

[Oceanbound]

On 11/20/2019 at 12:29 PM, Flensburg said:

all they do is "copy paste."

 

I bought a buyers guide and bought the buyers guide two years later, dude had the same article word for word in it. A course most would never know because for everything reasons of moving on. I never reported it, and its likely he would keep on doing it every two years and get paid for the same article.