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Ulnar Nerve Mild Paralysis


RBrogen

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I received my VA rating and one of the conditions was Service connection for Upper Left (20%) & Right (20%) Extremity radiculopathy.  The reasoning was Mild incomplete paralysis of minor extremity LEFT and incomplete paralysis of major extremity RIGHT. The C&P report showed all 3 radicular groups (Upper/Middle/Lower) all affected with mild paralysis.  

My question is that the Award report didn't say anything about the documented Ulnar nerve mild paralysis which, if I understand correctly, is rated separate from the Radicular groups.  Does anyone know if they Ulnar nerve paralysis should have been rated?

 

Thanks in advance.

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The rating criteria is more than a little convaluted, confusing, and ambigious.  At present, there is a supreme court case "Kizor vs Wilkie" where we hope the conflict between the "benefit of the doubt" and the Auer/Chevron deference will be resolved in the Vets favor.  Presently, because of Chevron deference, the VA gets to interpret its regulations any way they want.  

Example:  I had a BVA decision that awarded a "complete grant of benefit sought".  The VARO interpreted "complete" to mean zero percent rating.  So, VA gets to interpret "complete" to mean "none".  Its probably not accurate, but VA gets to decide what "complete" means.  In a "Veteran benefit of the doubt" system, "complete" could well mean 100 percent, at least intuitively.  

So, I suggest you read the 38 cfr criteria and decide for yourself and if you want to appeal (likely).  The odds are in your favor:  About 85 % of the first time claimants are denied.  Of those 85 % that appeal to the BVA, the Board rules that about 30 percent of those are inaccurate and reversed, and about another 46% say they are inaccurate and need remanded.  

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