diabetes Please Help With Appeal

[OnRiver]

I have had diabetes since 1984 and am being awarded as such. I was termed down for peripherial neuropathy because the emg they did showed no damage to nerves. All my examenations through the VA have said I had numbness and pain in hands , feet and legs and that examintions showed that. VA Regional denied the claim because of the machine over the examinations....neurology, pediatry, etc. all said I had it but because I have focal neuorapthies I was suspect for stroke also.

I contacted neurology and they said the emg does not rule out perepherial nueropathies....this was put into the record....I then went to a neurologist in the VA and he says the following.

A/P Perephial neuropathy and history of cranial nueropathies(these are being compensated for and are listed as caused by diabetes).The periperhial neuropathies may be secondary to long-standing diabetes or small fiber painful type. I recommend that he continue neurotin as it is helping to relieve his painful symptoms. He should continue with physical activity and exercise as tolerated.

My question is will this be conclusive in my appeal....May be...sounds like a hedge anyone have any negative or positive experiences with this term.

Thanks

[Berta]

Seems to me the BVA often remands VA statements like this because the VA doc at a C & P is supposed to use the as least as likely or more than likely etc- wording-

'May be'--- gives them a definite way out-

Focal neuropathies- do you mean the diabetes has caused visual problems?

what do they mean by this:

"A/P Perephial neuropathy and history of cranial nueropathies(these are being compensated for and are listed as caused by diabetes"

Is it that they SCed some of the neuropathy but not all?

[OnRiver]

this isn't from a CP exam but is a follow up after they admitted that the EMG test that the CP examiner used did not rule out neuropathies. So they are saying the only 2 things that could cause it are those two mentioned. One of which is the secondary to diabetes. After 20 years they exspect diabetics to develope neuoropathies. I was diagnosed in 1984 with bells palsy etc. 4 other cases later they tell me it is a focal neuoropathy...

Yes visual problems as well as hearing problems can occur as a reult of focal nueropathies...7 and 8th cranial nerve...excessive tearing almost always causes probblems as does the resulting dry eye after the tearing stops. Pressur behind the eyes etc. Below are the listnigs used in CP exams but this is a Dr.s term I haven't been able to find used by any others. I feel it can be taklen either way...but because he lists 2 types it has to be 50/50 with the diabetes...longstanding diabetes...anyway thanks much for your comments and any other help will be appreciated. I am writting the appeal and might request a anothe C=P exam because the examiner used the emg to rule something out that he cshouldn't have. Any thoughts on that?

was due to: 100%

Most likely 75%

as least as likely as not 50 percent

less likely Less than 50 %

not due to: bohica

[JR Reihs]

OnRiver,

My thought would be an IMO, but that depends on how long you want to fight the VA. Using the VA doctors to support your claim is not recomended.....It works for a small % of Vets, but for most you are wasting your time.

[Guest jstacy]

This looks like a Job for Dr Craig Bash.

He can rip the VA diagnosis to shreds as long as he has the EMG and other Documents in his hands.

[Hoppy]

onriver,

Do not rule out the possibility that the doctor who wrote the intrepretation of the emg is a liar. I would get all the reports and try to figure out what they mean. If you have any questions take them to another doctor. Consider having another emg by another doctor. There is more than one type of emg. Get the emg that is most accurate.

These emg results are required for disability and the doctors know it. They can be just as bad as renegade raters who think it is their duty to save the system money by writing reports that cannot be used for disability. I had a primary care doctor at the VA tell me it was not his job to assist his patients in getting Social Security disability. I went anf talked to an attorney who told me the guy was a liar. Doctors are required by law to make a diagnostic assessment when asked. The attorney provided me with some forms to take to the doctor that he was required to fill out. The attorney told me he would have the guy put in jail if he did not fill them out. The forms were filled out. I have had several other experiences that are even worse with idiot/lying doctors when I asked for reports for a disability assesment.

[OnRiver]

Thanks

The emg was done to see if I had damage from a stroke as all the nueropathies of the face looked like it....they only did the emg on the left side so they weren't looking for perephial neuoropathies....you mentioned nexus? also WHEN A cp EXAMINER MAKES A mistake like saying the emg rules out perephial neuropathies which it doesn't and also states that>>>"Certainly examinations show perephial neuropathies but emg doesn't support the findings" then the certinly is considered certain....at least in examination....my sensory testing shows both loss of tempertaure and feeling...

Thanks again