Notice of Results

[tallcanman]

Hey everyone,  

I am new to this site, but had a question i'm hoping the people of this site may help me to answer. Trying to figure out if i should do Reconsideration because of this error.  I received my Notice of Results the other day and i have a problem with it.  I was rated 10% radiculopathy for both left and right legs. So on my C and P exam it states that severity was right left "Mild"  Left leg "Moderate".  Okay so here is my question and i'm hoping the info i attach below explains.

 

Radiculopathy, right lower exremity (femoral)   10%   sep 22 2015

We have assigned a 10 percent evaluation for your radiculopathy, right lower extremity(femoral) based on: * Mild incomplete paralysis.

 

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radiculopathy, left lower extremity(femoral)     10%  sep 22 2015

We have assigned a 10 percent evaluation for your radiculopathy, right lower extremity based on: * Mild incomplete paralysis.

a Higher evaluation of 20% is not warranted for paralysis of the anteriro crural nerve unless evidence shows nerve damage.

 

I have talked with a person that works appeals at the VA and he states to reconsider based on additional test not being complted. Additional sensory tests ITem 11b

thanks

 

 

 

 

[brokensoldier244th]

you could ask for it but it might take a while.  They probably want to do an EMG test. That would test nerve conductivity. But right now it's two 10 percents you should be getting a bilateral factor in also.  I have a moderate rating for both of my legs but I also have loss of sensation and I occasionally trip and drag my foot on things like stairs and where I have to climb.  It might be that your 10% is actually a blessing because you don't have quite as many issues as some other people. :-) 

[tallcanman]

Hey brokensoldier thanks for the reply.  I had an EMG test done by my civilian doctor and that was also used as part of the eval. I explained to my doctor that i trip 3-4 times a week. that i average one bad trip every 6months.  The last one was in november.  Tripped going up stairs and threw my back out.  Luckily i could work from home for the next week. I don't know how or if they tested for loss of sensation.  YOu did notice though right that was not a typo in my first post.  They were saying that i was rated for left and right radiculopathy using my right leg.  I wanted people to understand that wasn't a typo on my behalf. To me it was a lazy case worker just pasting and copying. 

[green]

Peripheral neuropathy is rated based on two identifiers; sensory and motor issues.  Both mild and moderate are based primarily on sensory issues, moderately severe and severe look at other changes such as loss of motor function (can be determined through at EMG) and other issues such as trophic changes, reflexes, foot drop, etc.

[brokensoldier244th]

So, did they test both legs? If not , you got a freebie. If your EMG results show worse than what you got, though, they go ahead and NOD it. Be careful, too. This happened to me last week. Fell down the stairs off the porch taking the trash out and hit the  sidewalk. Minor concussion, lots of scraping abrasion and a minor sprained ankle. And that was with my BETTER leg stepping off first.