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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Looking for some extra guidance. I go through a county VSO and they are a great asset to have but I always like to do my own research and last time i went in, the info i got from reading here and from the post i had helped out my award the last time. I am currently rated 10% for a lumbar strain. I am going through a C&P that is pending at this point. Prior to the C&P exam but after I filed, I had to have emergent surgery on my L5-S1 (i was falling constantly). In the claim, I filed for an increase in my low back strain, i filed for the bilateral leg weakness associated with the foot drop, bilateral radiculopathy, among many other things. Most pertaining to the back and the symptoms. I am rated for the left hip and knee and filed for right knee and hip secondary to the altered gait which is in appeals and sent in a nexus letter. Since surgery i have had lot of issues with my lower legs and the nerves. Mind you it has been 17 years since the initial injury so i expected the problems with the nerves. The doctor told me it wasn't going to be an easy road and i may always have it. It has (knock on wood) corrected the constant falling that i was having so to me the surgery was a success. 

My question to everyone is about the new symptom. I have since developed bilateral restless leg syndrome (RLS). I have the cramping like i just ran a marathon, pins and needles, and the feeling like something is constantly crawling on my skin. This is all in the evening and thought the night. All of which has developed post surgery and has increased every day since. because i am rated for the radiculopathy, is this something that the VA considers to be the same or is this in a totally different class of its own? I plan on filing a claim on it any way but my near Surgeon is sending me to a Neurologist so i want to wait to make sure that the diagnosis is there first. I am also trying to get into both my VA and personal primary care to get the diagnosis as well in order to have it well documented as i know how the VA wants it spelled out for them. I am just curious how they like to rate this. Also, because of the RLS, this has caused a massive issue with sleep disturbance. Is this something that i should file with it as they go hand in hand? How do you guys think i should handle this to have the best outcome?

 

Thank you so much!!

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I was able to locate this, from a (BVA) decision:   The Veteran's restless leg syndrome of the lower right extremity, and lower left extremity, have each been separately rated as 10 percent disabling

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I was able to locate this, from a (BVA) decision:

 

The Veteran's restless leg syndrome of the lower right 
extremity, and lower left extremity, have each been 
separately rated as 10 percent disabling under 38 C.F.R. 
§ 4.124a, DC's 8699-8620. See 38 C.F.R. § 4.27. This 
hyphenated diagnostic code may be read to indicate that a 
peripheral nerve disability is the service-connected 
disorder, and it is rated as if the residual condition is 
sciatic nerve neuritis under DC 8620. 

The criteria for evaluating the severity or impairment of the 
sciatic nerve is set forth under Diagnostic Codes 8520, 8620, 
and 8720. Under DC 8520, a 10 percent rating requires mild 
incomplete paralysis of the sciatic nerve. A 20 percent 
rating requires moderate incomplete paralysis of the sciatic 
nerve. 

Diagnostic Codes 8620 and 8720 address the criteria for 
evaluating neuritis and neuralgia of the sciatic nerve, 
respectively. The criteria are consistent with the criteria 
for evaluating degrees of paralysis as set forth above. 38 
C.F.R. § 4.124a, DC's 8520, 8620, 8720 (2008). 

A note in the Rating Schedule pertaining to "Diseases of the 
Peripheral Nerves" provides that the term "incomplete 
paralysis" indicates a degree of lost or impaired function 
which is substantially less than that which results from 
complete paralysis of these nerve groups, whether the loss is 
due to the varied level of the nerve lesion or to partial 
nerve regeneration. When the involvement is wholly sensory, 
the rating should be for the mild, or at most, the moderate 
degree. 38 C.F.R. § 4.124a, DC's 8510 through 8540 (2008). 

Neuritis of the peripheral nerves, characterized by loss of 
reflexes, muscle atrophy, sensory disturbances, and constant 
pain, at times excruciating, is to be rated on the scale 
provided for injury of the nerve involved, with a maximum 
rating equal to severe, incomplete, paralysis. The maximum 
rating that may be assigned for neuritis not characterized by 
organic changes referred to in this section will be that for 
moderate, or with sciatic nerve involvement, for moderately 
severe, incomplete paralysis. 38 C.F.R. § 4.123. 

Neuralgia of a peripheral nerve characterized usually by a 
dull and intermittent pain, of typical distribution so as to 
identify the nerve, is to be rated on the same scale, with a 
maximum equal to moderate incomplete paralysis. The term 
incomplete paralysis, with peripheral nerve injuries, 
indicates a degree of lost or impaired function substantially 
less than the type picture for complete paralysis given with 
each nerve, whether due to varied level of the nerve lesion 
or to partial regeneration. When the involvement is wholly 
sensory, the rating should be for the mild, or at most, the 
moderate degree. The ratings for the peripheral nerves are 
for unilateral involvement; when bilateral, combine with 
application of the bilateral factor. 38 C.F.R. § 4.124. 
 

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I am currently rated 0% for RLS.  I have an appeal in because the rated me as Mild, however, I am on a very high dose of Ropinirole because my symptoms are Severe.  2-3 bouts of this per day.  Funny thing is, the VA prescribed me this high dose.  So just an FYI, they are funny about this illness, but since no one takes the illness seriously, they lowball the ratings.  My C&P states that it causes reduced work performance due to Persistant Daytime Hypersomnolence.  With this, and new evidence, hopefully I win my appeal for an increase.  I would file a claim for RLS.  I feel your pain, and if it is service related, you should be rated for it.  Good luck!

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