Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
Should I ask the VA to CUE theirselves?
Rate this question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
green
I was rated in April of last year on several conditions. I applied for a rating on peripheral neuropathy of my feet and hands and had a nerve conduction study done and attached to my request. When I received my rating they incorrectly stated that for my legs/feet I was rated at 20% because a higher rating of 30% couldn't be assigned as it required incomplete paralysis. They should have used the Sciatic Nerve criteria which actually has 5 different potential ratings. Is this an area where I should ask the VA to CUE theirselves?
Under the rating criteria they must have utilized the wrong rating criteria, as the C&P exam referenced the Sciatic Nerve. 30% isn't even an option under 8520 there is actually levels they neglected to address:
My C&P
Sciatic nerve
Right: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis
If Incomplete paralysis is checked, indicate severity:
[ ] Mild [X] Moderate [ ] Moderately Severe
[ ] Severe, with marked muscular atrophy
Left: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis
If Incomplete paralysis is checked, indicate severity:
[ ] Mild [X] Moderate [ ] Moderately Severe
[ ] Severe, with marked muscular atrophy
How Sensory Loss Should be Rated
M21-1lll_iv_4_SecG. This document was updated in January of last year.
b Assigning Level of Incomplete Paralysis
The table below provides a general description of each level of incomplete paralysis of the upper and lower peripheral nerves.
Degree of Incomplete Paralysis
Description
Mild
subjective symptoms or diminished sensation
Moderate
absence of sensation confirmed by objective findings
Severe
more than sensory findings are demonstrated, such as atrophy, weakness, and diminished reflexes.
Issues addressed related to atrophy, weakness and diminished reflexes
C&P
b. Deep tendon reflexes (DTRs)
Rate reflexes according to the following scale:
0 Absent
1+ Decreased
2+ Normal
3+ Increased without clonus
4+ Increased with clonus
Knee:
Right: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+
Left: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+
Ankle:
Right: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+
Left: [X] 0 [ ] 1+ [ ]
Nerve Conduction Study:
6/16/2015 "Brief neurological exam: Symptom focused neurological exam
shows loss of sensation in the hands and feet, absent ankle jerks and give way right foot dorsiflexion weakness.
VA Podiatry notes:
Musculoskeletal: The major joints of the foot and ankle have adequate ROM
bilaterally without crepitus. Dorsiflexion of the hallux and foot is weak
bilaterally. Remaining muscle groups have adequate strength. "
Sciatic nerve.
8520 Paralysis of:
Complete; the foot dangles and drops, no active movement possible
of muscles below the knee, flexion of knee weakened or (very
rarely) lost.......................................................................................................... 80
Incomplete:
Severe, with marked muscular atrophy.............................................................. 60
Moderately severe ............................................................................................. 40
Moderate............................................................................................................ 20
Mild ................................................................................................................ 10
There is actually a "Moderately Severe" rating where I believe I should have been rated as I may not have severe paralysis I certainly exceed the criteria spelled out in M21-1lll_iv_4_SecG for "Moderate".
Edited by greenLink to comment
Share on other sites
Top Posters For This Question
5
3
2
1
Popular Days
Feb 15
9
Feb 16
2
Top Posters For This Question
Berta 5 posts
Vync 3 posts
green 2 posts
FormerMember 1 post
Popular Days
Feb 15 2017
9 posts
Feb 16 2017
2 posts
Popular Posts
Berta
If you feel the medial evidence they had warranted a different Diagnostic Code and higher rating, by all means file a CUE against them. All diagnostic codes are found in the VA Schedule of Rating
Berta
"1. If the appellate period has expired, is the only option a normal CUE? "Yes- unless maybe a 38 CFR 3.156 re open is possible. "2. If the decision was appealed, does it make any difference?
green
I was rated in April of last year on several conditions. I applied for a rating on peripheral neuropathy of my feet and hands and had a nerve conduction study done and attached to my request. When I
10 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now