C&P Exam - Peripheral Nerve DBQ

[mclevela726]

Please decipher.

[Vync]

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

 

Quote

 

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

 

[mclevela726]

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 April 25, 2019 by mclevela726

[vetquest]

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 April 25, 2019 by vetquest

[Vync]

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.

[mclevela726]

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!

[mclevela726]

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