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C&P Exam - Peripheral Nerve DBQ


mclevela726

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Based on what you posted, here is my opinion:

It sounds like you have issues with the sciatic nerve (runs down the leg). I have the same issues you indicate and mine was rated under the sciatic nerve. Using that nerve table as reference, but advise you double-check against your medical records.

If you become service connected, it looks like a potential 40% rating in each limb. If SC in both legs at 40% each, it likely will be rated as bilateral, which means they will roll both ratings into a single rating. The 40% and 40% would calculate to 64%, then 10% is added (6.4%), to equal 70.4%. That would be rounded it down to 70% even.

The "no records were reviewed" part might be a factor. If the DBQ was filled out by a non-VA doctor, the VA might want you to come in for one of their doctors to perform a C&P exam. I have seen them do this because they want to ensure the records were reviewed.

A medical nexus was not included in the material you uploaded, so I cannot advise on the likelihood you might get SC.

Depending on your situation, the VA might want to bring you back in a year for reevaluation. If your doctor has determined your disability is not likely to improve, that might not happen.

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=eb7493eb29df5c572d488350d31b4925&node=pt38.1.4&rgn=div5#se38.1.4_1124a

 

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Rating
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

 

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45 minutes ago, Vync said:

Based on what you posted, here is my opinion:

It sounds like you have issues with the sciatic nerve (runs down the leg). I have the same issues you indicate and mine was rated under the sciatic nerve. Using that nerve table as reference, but advise you double-check against your medical records.

If you become service connected, it looks like a potential 40% rating in each limb. If SC in both legs at 40% each, it likely will be rated as bilateral, which means they will roll both ratings into a single rating. The 40% and 40% would calculate to 64%, then 10% is added (6.4%), to equal 70.4%. That would be rounded it down to 70% even.

The "no records were reviewed" part might be a factor. If the DBQ was filled out by a non-VA doctor, the VA might want you to come in for one of their doctors to perform a C&P exam. I have seen them do this because they want to ensure the records were reviewed.

A medical nexus was not included in the material you uploaded, so I cannot advise on the likelihood you might get SC.

Depending on your situation, the VA might want to bring you back in a year for reevaluation. If your doctor has determined your disability is not likely to improve, that might not happen.

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=eb7493eb29df5c572d488350d31b4925&node=pt38.1.4&rgn=div5#se38.1.4_1124a

 

 

Thank you for responding, Vync. This was from my RFE C&P exam.

VA used this exam to reduce my benefits from 40% bilateral to 20% bilateral. They alleged this said "moderate"!

I thought "I must be crazy cause I see it saying "moderately severe''!? I guess, according to VA, I'm not the only one who's crazy!?

Edited by mclevela726 (see edit history)
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OK, you have nexus and SC already.  I am surprised that this exam was used to reduce you from 40% to 20%, especially since your records were not reviewed.  That alone can be a game changer at the BVA.  I would appeal this and try to get it to the BVA where real lawyers will be reading the evidence.  The VA likes to lowball PN ratings it seems.  I have some serious neuropathy in my legs and it is rated at 20% also.  I just never fought it because I am 100% overall.

Edited by vetquest (see edit history)
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When they propose to reduce, they give you like 60 days (could be different now) to contest it and they must include their justification for the reduction. I recommend you respond and explain their error to them. Yes, moderate was checked for parasthesia, but severe was checked for constant pain.

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3 hours ago, Vync said:

When they propose to reduce, they give you like 60 days (could be different now) to contest it and they must include their justification for the reduction. I recommend you respond and explain their error to them. Yes, moderate was checked for parasthesia, but severe was checked for constant pain.

Thanks for the input!

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3 hours ago, Vync said:

When they propose to reduce, they give you like 60 days (could be different now) to contest it and they must include their justification for the reduction. I recommend you respond and explain their error to them. Yes, moderate was checked for parasthesia, but severe was checked for constant pain.

The following is from the C&P exam where I was rated at 40% for each extremity

2039369676_OriginalCP1.thumb.JPG.cb9e20d5d574e7e524b36dfa67b218c0.JPG

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On 4/27/2019 at 12:07 PM, mclevela726 said:

The following is from the C&P exam where I was rated at 40% for each extremity

2039369676_OriginalCP1.thumb.JPG.cb9e20d5d574e7e524b36dfa67b218c0.JPG

I'm not exactly certain how the VA considers that specific part of the exam in regards to the VA regulations. If it is read in the same fashion as the mental health exams, then a minimum of one marked as severe should qualify. You got that on your recent exam. I think it is just a case of the person reviewing your claim not reading it correctly.  I am not an expert, but I hope I'm right.

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2 hours ago, Vync said:

I'm not exactly certain how the VA considers that specific part of the exam in regards to the VA regulations. If it is read in the same fashion as the mental health exams, then a minimum of one marked as severe should qualify. You got that on your recent exam. I think it is just a case of the person reviewing your claim not reading it correctly.  I am not an expert, but I hope I'm right.

Thank Vync. I hope you are too!

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2 hours ago, Vync said:

I'm not exactly certain how the VA considers that specific part of the exam in regards to the VA regulations. If it is read in the same fashion as the mental health exams, then a minimum of one marked as severe should qualify. You got that on your recent exam. I think it is just a case of the person reviewing your claim not reading it correctly.  I am not an expert, but I hope I'm right.

PS the exam you quoted is how I got 40%!

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