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  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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I am. I am rated 60% for LLE due to partial paralysis of the sciatic nerve, 10% on the RLE.  No other nerves, but spine is SC @40% and every nerve comes from the spine.

Scoliosis is included w/spine so anything that comes from that will be secondary (for the rest of my life).

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Significantly, the December 2014 VA examination report is the most specifically detailed medical evidence of record documenting clinical findings describing the neurological impairments of the Veteran's right lower extremity.  This examination report includes a checklist for identification of each individual nerve manifesting impairment in this case.  The examiner completed the checklist with markings that indicate "Moderate" incomplete paralysis of the sciatic nerve, which the Board has discussed in the decision section above and in the prior August 2015 Board decision as the basis of the award of an increased 20 percent rating for the right lower extremity impairment.  However, the December 2014 VA examination report's checklist also marks "Moderate" incomplete paralysis of five other nerves of the right lower extremity: "External popliteal (common peroneal) nerve," "Musculocutaneous (superficial peroneal) nerve," "Anterior tibial (deep peroneal) nerve," "Internal popliteal (tibial) nerve)," and "Posterior tibial nerve."  Paralysis of these nerves may be rated under 38 C.F.R. § 4.124a, Diagnostic Codes 8521, 8522, 8523, 8524, and 8525, respectively.


The Board has considered whether the impairment attributable to impairment of these nerves may be contemplated in the rating already assigned under Diagnostic Code 8520 for paralysis of the sciatic nerve such that separate ratings for the other nerves could potentially be prohibited as pyramiding.  38 C.F.R. § 4.14.  However, the evidence in this particular case does not allow the Board (limited to its lay sensibilities and reliant upon competent medical evidence) to make this determination with adequately informed clarity.  The Board takes judicial notice of the fact (without relying upon the information for any binding determination in this case) that the identified nerves involve branches of the sciatic nerve such that some degree of overlapping symptomatology / impairment may be suggested.  However, it is not clear that assignment of separate ratings for multiple nerve involvement is necessarily inappropriate in this case.  The Board observes that it is a matter of public record that the Court, albeit in a non-precedential manner, has noted that there are situations where, for example, "compensating the appellant's sciatic nerve symptoms separately [from external popliteal (common peroneal) nerve symptoms] would appear to not run afoul [of] the rule against pyramiding.  38 C.F.R § 4.14 (2015)."  Defazio v. McDonald, 2015 U.S. App. Vet. Claims LEXIS 1304 (U.S. App. Vet. Cl. Sept. 28, 2015) (non-precedential).

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3 hours ago, pwrslm said:

I am. I am rated 60% for LLE due to partial paralysis of the sciatic nerve, 10% on the RLE.  No other nerves, but spine is SC @40% and every nerve comes from the spine.



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The NIH also can get you some of the peer reviewed journal articles on spine issues. What you have at the spine universe site is sufficient to introduce as common medical knowledge. I have used that before to provide a basis to show that C&P exams were Bull%#!t. First time they tried to say I was not qualified to diagnose myself, I countered w/statement that I didn't diagnose anything, only proved that the C&P examiner contradicted common med knowledge and could not be given credibility. I have a folder on my PC full of this stuff. (tell me its sane....)

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