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Rating for Restless Legs Syndrome

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DevilDog12

Question

I am currently rated 0% for Restless Legs Syndrome SC'd for Exposures during Gulf War.  I filed an NOD, because C&P doctor stated it was mild in his report.  However, I am on a very heavy dose of Ropinirole to treat it, because of it being so severe.  The dose is high enough to treat Parkinsons Disease.  My family doctor and VA primary care provider prescribed me this dose of medication.  My question is, has anyone won a claim or appeal for this illness and low rating?  And what did you get rated?

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  • Content Curator/HadIt.com Elder

I found this BVA win where a veteran was granted 10% for RLS: http://www.va.gov/vetapp02/files01/0203175.txt

They rated his RLS via diagnostic code 8103: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#se38.1.4_1124a

8103   Tic, convulsive: 
Severe30
Moderate10
Mild0
Note: Depending upon frequency, severity, muscle groups involved. 

Not sure what diagnostic code was used to rate yours, but if your records show moderate or severe, they should have rated you accordingly.

I hope this helps!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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They rated me as mild, which is incorrect.  The recommended highest daily dose of Ropinirole is 4mg once per day.  I am prescribed 4mg, 3 times per day by my family doc and a VA doc.  My symptoms are more on the Severe side, according to my medication dose.  Not sure why the examiner did not take notice of this on my exam.  But I suffer 2 to 3 episodes daily, and the medication causes day time sleep attacks.  I just hope that they review all evidence that I submitted, and change my rating.  I am currently at 0%.

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  • Content Curator/HadIt.com Elder

Checking your medical treatment notes and C&P exam findings would be my first recommendation. The VARO raters are probably not going to know the difference between prescribed doses of meds being for mild, moderate or severe cases of RLS when the rating criteria is simply mild, moderate, and severe. They will want to look at how the doctor viewed your severity. If the doc indicated it being more than mild, you will be on to something.

Did you submit a NOD for your original 0% rating or just for an increase?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • Content Curator/HadIt.com Elder

How long has it been since you filed the NOD?

Also, I don't blame you for filing the NOD. If you can post some of the text from the C&P and the award letter (omitting your personally identifying information), it can hopefully help explain their reasoning behind the 0%. You don't have to do this unless you want. I'm just curious how they came to a 0% decision.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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