Upper Extremity Radiculopathy Rating

[RBrogen]

Hey Everyone,

Quick question/validation on C&P and rating.  I had a C&P in January that diagnosed my upper extremity radiculopathy as mild and affecting all 3 radicular groups and Ulnar nerve as incomplete paralysis mild right (dominant side), left side was diagnosed normal.  The overall rating wound up at 20% Left and 20% Right side.

I just had a new C&P that diagnosed upper extremity radiculopathy as moderate and affecting left and right lower radicular group and Ulna nerve as incomplete paralysis moderate Left & Right sides

Question 1:  Do they give a rating to both the diagnosis for 3 radicular groups and the Ulnar nerve damage or just one of those?  They list it separately  and 38CFR.

Question 2:  If I am reading the rating properly then it should be something like this:

    - Radiculopathy Upper Extremity Right affecting lower radicular group, incomplete moderate paralysis (dominant hand) - 40%

   - Radiculopathy Upper Extremity Left affecting all lower radicular group, incomplete moderate paralysis (non-dominant hand) - 30%

   - Incomplete  Moderate Paralysis of Ulnar Nerve dominant arm - 30%

   - Incomplete Moderate Paralysis of Ulnar Nerve non-dominant arm - 20%

 

Edited August 10, 2019 by RBrogen

[Buck52]

RBrogen

 Your more than likely correct here if they list them desperate  but

The only thing to watch here is  pyramiding

https://www.hillandponton.com/pyramiding-affects-va-claims/

Edited August 10, 2019 by Buck52

[RBrogen]

2 hours ago, Buck52 said:

RBrogen

 Your more than likely correct here if they list them desperate  but

The only thing to watch here is  pyramiding

https://www.hillandponton.com/pyramiding-affects-va-claims/

If it is considered pyramiding to do both then I assume the higher of the 2 ratings would be used correct?

[GBArmy]

RBrogen

I believe that there are lawyers and claims agents that specialize in these situations. It might be worth it to bounce it off one of them and see what they say. If they work off the same compensation scale as they do for appeals, they would only get paid (20%) if you won. So, if they take the case you can assume they have a certain degree of confidence of a win. Wouldn't cost you anything out of pocket, just a piece of the back pay for a higher rate. I don't know how you would go about doing it by yourself, because its just your opinion vs. theirs. Might be worth exploring

[NoZZZ's]

Did you appeal to get a higher rating, or was the new C&P for a new claim for increase?

[RBrogen]

3 hours ago, NoZZZ's said:

Did you appeal to get a higher rating, or was the new C&P for a new claim for increase?

It's a bit complicated but the gist is I filed a claim that included neck,  and knees (was awarded 10% neck, 10% left knee and 10% right knee).  I filed a higher-level review that didn't get done so I had to file a supplemental claim because they didn't consider Reverse Lordosis and torn meniscus in both knees which are direct conditions for 20% for each claimed condition.

Now, while this claim was being bounced around and closed without adjudication because the VA had an Independence Day Challenge for their raters to close X number of claims to get an extra day off on July 5th 2019, I filed another claim which contained 7 additional conditions including bilateral shin splints and jaw and that clam was also screwed up because of a demonstrable inadequate C&P exam and a couple of items were denied, another lowballed and the rest were deferred.

Ultimately what I think has happened is that they are running both of these claim in parallel because I just had my 2nd C&P in a month and the first one on July 10 covered deferred items in second claim and the latest one on Aug 6th covered conditions in both claims.