Sciatic Nerve

[paulstrgn]

I am currently rated at 20% for 

8521-8520 PREVIOUSLY RATED AS RIGHT LOWER EXTREMITY RADICULOPATHY OF THE SCIATIC AND EXTERNAL POPLITEAL NERVES ASSOCIATED WITH INTERVERTEBRAL DISC SYNDROME AND DEGENERATIVE ARTHRITIS WITH

SCOLIOSIS, SPONDYLOARTHROPATHY, AND THORACOLUMBAR STRAIN.

I also have polyneuropathy in my feet, when I look at the nerve matrix for the VA it says for these five nerves "Common Peroneal", "Superficial Peroneal", "Deep Peroneal", "Tibial", and "Posterior Tibial" - "Seperate Evaluation is Prohibited, part of the Sciatic Branch"

My feet are numb, they have the burning, tingling, and stabbing sensations all the time. My feet bother me all the time, especially when I try to sleep.

So my question is, is it possible to to have my percentage raised from 20% to 40% or higher?

I know when I do apply I will also ask for for an SMC K for my feet - this might be a long shot but I will try.

[paulstrgn]

3 minutes ago, GeekySquid said:

I am just wondering if Richards stated experience is mostly with vets who are over 55 or who have had their ratings for 5 or more years?

I am over 55 but have not had the disabilities rated for five years yet. I waited 20 years after I retired from the military before I filed my first VA claim in 7/2015. I try not to think of the money I have lost by waiting so long...

[GeekySquid]

6 minutes ago, paulstrgn said:

I try not to think of the money I have lost by waiting so long..

that is frustrating.

7 minutes ago, paulstrgn said:

am over 55 but have not had the disabilities rated for five years yet.

Under 38 CFR 3.327(b)(2),  their attempt to reduce would mean that something in your record is "supposed" to be so significantly improved that it warrants a re-examination.

we all know that is B.S. and you just have to fight and fight the right way to stop them from this stupidity

[paulstrgn]

13 minutes ago, GeekySquid said:

their attempt to reduce would mean that something in your record is "supposed" to be so significantly improved that it warrants a re-examination.

The reexamination for my IVDS at least came from a reconsideration for a increase, but nothing for the femoral nerve issues that the interpreted from the QTC C&P.

[Buck52]

I got a letter of Proposal to reduce my 50% rating one time when I went in for an increase , the C&P Examiner mention my hearing loss was not as bad as I claimed..when it was them that gave me the hearing test for the criteria of the 50%   this examiner made a BIG Mistake  when he said my hearing loss has got better....well this prompt me to get a Private hearing test from a Hearing specialist  ENT.

Hearing loss does not improve ever once you damage your inner ear drum  the hairs get weak that vibrates so we can hear , once these are damaged  there is no more room for improvement  unless you get the  Cochlear Ear Implants   which is highly sensitive surgery and its our option to have that procedure.

Anyway I had a DRO Hearing at my R.O, to clear this mess up and keep my 50% And no reduction was made but an increase was  warranted after further testing for  my hearing loss 

Proposals are some times good for the Veterans  they check your condition for improvement and also to see if the condition as actually got worse.

There's a big difference in  a Proposal to reduce  and a Reduction that actually takes place , you will more than likely have  4 C&P on the same condition with different examiners &  if its a tie  between the examiners  say =two say you improved and =two say your condition is worse  or actually about the same   then the benefit of doubt always goes to the Veteran.  you will either keep your rating the same or it can be increased.

I have to say I never seen or knew of a Veteran getting his rating taken away   because of some wise ass examiner stating his condition has improved....I mean I have seen them get the proposal to reduce  but they have always been successful in getting it straighten out  with keeping their rating or was warranted an Increase.

just make sure you File your NOD in a timely manner  usually within 30- 60 days of the proposal .

[Richard1954]

1 hour ago, paulstrgn said:

In my case I went in for a reconsideration of my back and knees, after the C&P (which I thought went well) the DBQ indicated my back got better and the denied my knees. Then out of the blue I received a letter from the VA with a proposal to reduce. They wanted to lower my IVDS from 20% to 10% and my left and right Femoral nerve from 20% to 0%. Now I never asked them to reevaluate my nerves in my legs yet because of the DBQ the VA now wants to lower me. So yes the VA can and does try to reduce ones ratings. 

So yes they can propose to reduce issues you never asked to have looked at. As I was told by the regional office in Roanoke, VA told me that any time you go in for an exam they can reevaluate your other disabilities! BTW all my disabilities are listed as "Static" which is supposed me mean they will never get better.

So I must disagree with you thinking of it as a "an old wises tale" for it is not, and it is not poppy cock. JMO

Sorry I still disagree, you requested an increase in the back and knees,  anything to do with your back and legs were fair game..especially with Degenerative disk disease which can cause problems all they way down to the toes due to  nerve impingement.  I certainly would question the reduction on your back, and nerves because they do not get better with time,  such a reduction comes down to the examiner who was more critical than the original examiner from the previous claim.

When I requested to have my right knee reevaluated for the first time since 1986,  ( this was just this year) they reevaluated both of my legs from the hips down,  leaving my right knee at the same rating, and giving me an addition 0% rating because of surgical scars... Of course as I said my experience has been they do not just reevaluate issues just for the sake of reevaluation, if they did,  many of us myself included could be in a world of hurt....

So  Again generally speaking poppy cock...  I don't mean to say it never happens ,  but generally speaking the odds are against it happening. Its very possible that I have been lucky and those that I have helped have been lucky ... but I can only voice an opinion based on what I see and know...  for years I have heard the warning about reevaluation over and over again,  but my experience tells me this just isn't true.

[Richard1954]

1 hour ago, GeekySquid said:

I am just wondering if Richards stated experience is mostly with vets who are over 55 or who have had their ratings for 5 or more years? 38 CFR 3.327(b)(2), pretty much limits those categories from re-examination unless there is significant evidence of improvement.

It seems quite likely that age and length of rating may have some effect on the vets he has helped or dealt with.

No in fact most of the veterans I assisted were well under 55 ,   most were  in there 20's and 30's.  But I also assisted some veterans who were in their 70's were retired for years, and requested TDIU for the first time because of Heart and other serious issues.  It wasn't until I laid eyes on their awards that I would even believe that someone at their  age, already retired could even get TDIU....

I would have to go back and do some research but if I remember correctly, the VA  isn't suppose to  reduce a rating based on one C/P examination alone.... 

Edited September 13, 2019 by Richard1954