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Might be doing first NOD - advice appreciated

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JustGettingStarted

Question

I am considering doing my first NOD. I received 20% for peripheral neuropathy (pain and tingling in my arms and hands) secondary to Cervical Spondylosis (narrowing of the spinal openings in my neck) for both my left and right sides in February 2017. I just received a copy of my C-File that I requested back in July 2016, and it has the C&P exam that was done on me for the peripheral neuropathy. In the C&P exam, I was clearly rated for SEVERE pain on my non-dominant side and moderate numbness and tingling on my dominant side.  

I was given a 20% rating for mild conditions on both left and right side, but from the DBQ the doctor submitted it looks like I should have been given severe to moderate ratings, which would be 40% for my dominant side and 30% for my non-dominant side.

Do I file a NOD and request a DRO review?  

Am I missing a reason why the VA only gave me 20% on each side?  I have attached screen shots from the DBQ.  

Code 8710: Neuralgia of the upper radicular group. Neuralgia cannot be rated higher than moderate, even if it is severe. If the condition is moderate, it is rated 40% for the dominant and 30% for the non-dominant. If it is mild, it is rated 20% for either arm.

This is the quote from my decision package:

"Service connection for left upper extremity radiculopathy (peripheral neuropathy) has been
established as related to the service-connected disability of cervical spondylosis.
● We have assigned a 20 percent evaluation for your left upper extremity radiculopathy
(peripheral neuropathy) based on: • Mild incomplete paralysis of the minor extremity
● Although the lower radicular group and middle radicular group nerves were shown to be
affected, only one evaluation is allowable in this case. This rating is based on the highest
rated nerve.
● A higher evaluation of 30 percent is not warranted for paralysis of the middle radicular
nerve group unless the evidence shows nerve damage is moderate.
● Service connection for left upper extremity radiculopathy (peripheral neuropathy) is granted
with an evaluation of 20 percent effective May 11, 2016, the day we received your intent
to file, with your completed application received on October 29, 2016. VA examination
conducted in support of your claim notes that your noted radiculopathy is related to your
service connected cervical spondylosis."

Severe pain - page 116.png

Moderate Pain.jpg

Edited by JustGettingStarted
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In May I had a problem here with a new member, who came to us with a false story, and had told the DAV a major untruth.( it was the mother of the vet who killed himself last Memorial day)

It caused me to send many emails and make phone calls to Fla , to the DAV and to the VARO.

I have some contacts numbers for Flo. top DAV honcho.And also with a man who is either the liason for the VA with the "Big Six" at this VARO or he is a high person in DAV Headquarters who I emailed about the situation. This became a very time consuming problem for me.

But when you see fraud in action, any advocate here would have done the same thing.

I also reported someone down there in Crestville, Fla DAV claims office for not doing his job right.

Do you use ebenefits or are you familiar with IRIS?

The Crestville DAV might have sent a fraudulent claim to the VA. Then again the DAV rep doesn't answer his phone and call back anyone so he might not have even sent the VARO the claim.It had a deadline anyhow Memorial Day 2017.

After you use IRIS and ebenefits, depending on the result ,I might give you those contact numbers....

but there might be no need anyhow......

I must leave my PC....others will tell you how to get to IRIS and I advise using the complaint pop down box. Ask for email response so you have hard copy proof of what they say.

 

 

 

 

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IRIS is the VA automated response site:

https://www.va.gov/

Click on the Contact Us button up top of VA home page, then click on Ask a qeustion. You will be directed to IRIS.The site will direct you step by step to ask for a status on the CUE claims (s).

Ask for an email response or snail mail response so that you have documentation from VA as to what they say. It isn't a Complaint situation...yet....because I dont know who to complain to ---VA or the DAV...

ebenefits....just google ebenefits or someone here will answer. That will give you a status too. or at least verify what they have.

 

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Hi Berta,

Did you see the copy of my CUE I submitted?  It is on page 3 of all this.

I have used IRIS before without much luck for a medical care issue. I use eBenefits and that is how I submit everything now so there is proof of what I submitted.

I don't think I need to do a complaint right now unless I need to complain about the unresponsive VSO I have.  I sent him 3 requests in the last 2 weeks without a single response.  I have been trying to decide if I should complain about the lost CUE. When I emaileded my second VSO and told him I wanted to do an inquiry on what happened to it that is the only time he has called me.  I told my husband that the VSO must not have wanted to do anything in writing to keep it off the record.  I think the main reason to complain might be to keep the same from happening to another Vet.

Please look at the CUE attachment on page 3 when you have time.  I may have given it an incorrect title, but I believe I covered all the things required for CUE.  The medical condition has been consolidated with my other claims and is listed as an Increase to my SC condition in eBenefits.  I know there are many vets out there that need your help much more than I do--I can afford to take my time on this.

Thanks,

JustGettingStarted

Edited by JustGettingStarted
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It is PERFECT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! now I understand how you shaped this as a motion.

It is PERFECT!   :wub:    I love it!

Where did you learn how  to write a perfect CUE??????  It is different then my approach but only in the Motion statement.

I will go over it again later- must leave home for a while----but I sure hope others take the time to see how a CUE should be written..and also how short a CUE can be, and why they (VA) are absolutely wrong....when they read your excellent work here in the attachment.

 

Yippee and I only hope they are literate enough to read it.:wacko:

 

 

 

 

 

 

 

 

Edited by Berta
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Thank you Berta - you made my day.  

I learned by reading websites like this and reading what is in Title 38 and the manual. From Title 38, I knew the exact requirements for a CUE and used that.   I also learned by reading a lot of BVA appeals.  I was a communications project manager in the military and did a lot of writing to try and get my projects funded--I had to be concise and provide solid, factual justification.  That is all I did here using examples of what I found online to use as an outline.

Also, it helps when it is a clear-cut case.  For this CUE and the one for SMC, I don't think I need to jump through hoops to prove my case.  From everything I read, that is the way a CUE should be.

I am considering doing a third CUE, but I need to do more research first.  I also need to concentrate on the NOD for my peripheral neuropathy.  

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