aggravation of SC by non SC

[pwrslm]

I have tried to find the answer to this, no success.

I have a SC left leg/radiculopathy caused by SC spine condition.

I also have diabetes type II thats not SC.

The SC leg was a no brainer secondary to spine, and symptoms were cut and dried, and no improvement.

Along come my DMII with polyneuropathy (not SC), superimposed over my existing radiculopathy (SC), and it makes my leg worse (aggravation).

No other symptoms from the DMII polyneuropathy exist on right leg, or either arm. 

The question is, is the increased disability of the left leg allowed, or will the VA deny an increase for the worsened symptoms?

Edited April 19, 2018 by pwrslm

[Gastone]

How about posting a redacted copy of your Leg Secondary Award Letter? When is the last time the leg was examined by a Med/Ortho Specialist? Are you talking Pain or Range of Motion?

File for the Secondary Increase, that's the only way to know for sure.

 

[broncovet]

Ok, if your service connected condition gets worse, then apply for an increase.  Once service connected, always service connected (unless VA does a "severance" of service connection, and they must follow the applicable rules to do that).  

I would not suggest you apply for an increase of a service connected condition secondary to a nsc condition.  As alex once said, you are either service connected or not.  Its like being pregnant.  You cant be "a little" pregnant.  You are or you are not.  However, you can "get over" being pregnant, but once service connected always sc, (with the exception of a severance).  

[broncovet]

Va knows service connected conditions often worsen over time.  That is why you can file for an increase. 

You need only document worsening symptoms of your sc condition, dont worry about what caused your worsening symptoms..that has already been decided when you were awarded SC. 

The procudure for an increase is much easier than for service connection.  There is no need to document an in service event, a nexus, or a diagnosis, as you already had those to get SC the first time.  Just document worsened symptoms.  

[pwrslm]

Here ya go Gastone

What We Decided
We made the following decision(s):
Issue/Con ten ti on Percent (%) Continued
left lower extremity radiculopathy, claimed as 40%
partial paralysis sciatic nerve left leg and left
foot drop
Explanation
• The evaluation of left lower extremity radiculopathy, claimed as partial paralysis sciatic
nerve left leg and left foot drop is continued as 40 percent disabling.
• Since there is a likelihood of improvement, the assigned evaluation is not considered
permanent and is subject to a future review examination.
• We have assigned a 40 percent evaluation for your left lower extremity radiculopathy
( claimed as partial paralysis sciatic nerve left leg and left foot drop) based on: • Moderately
severe incomplete paralysis
• A higher evaluation of 60 percent is not warranted for paralysis of the sciatic nerve unless
the evidence shows nerve damage is severe with marked muscular atrophy.

 

 

[broncovet]

File a nod timely if you dispute this decision.  Best is if you "refute" the VA's "reasons and bases" with actual  evidence.  For example, if you feel you meet the criteria for 60 percent, then cite your doctors opinion as to when he said you (met the criteria).  

[pwrslm]

Hya Broncovet,

I have a recent EMG and NCV from a non VA neurologist that shows atrophy and no deep tendon response in my ankles and only trace knee jerks in both knee's. Decreased strength in both legs, worse on left than right. I have documented that the axon nerve degeneration in my left leg is getting worse through both emg and ncv. The nerves were already damaged before the diabetic neuropathy began, and is attacking my left leg much worse because of the pre-existing damage (my opinion). There is no increase in any other extremity due to the Diabetic neuropathy.

I cant find anything like this in the VBA, CVA or the M21-1. The boys at the VA 800 Peggy line have no clue. That's why I am looking here.