Higher Level Review Sciatic Nerve

[arizonavet85]

Everyone was helpful in my last post, thought I would get more feedback. In Sep 2019 I filed for an increase on already service connected and rated conditions as it has gotten worse. I received my decision back just two weeks ago and they said no to the increase. When I filed, it was a Fully Developed Claim and so I asked my private chiropractor (has a phd) to fill out a DBQ and they agreed too! The VA still decided to to have me attend a C&P exam with the DBQ on file. So I went to the DBQ exam conducted at the VA itself (today the exam released on myhealthevet). Can I get people's opinions on if I should fight this. I find it odd that a rater would miss something but I've learned that you all might be able to shed light on why. Also I dont know how I should talk to the person conducting the HLR on the matter. 

8520 right lower extremity sciatic nerve radiculopathy 10% 08/26/2015 Service Connected

8520 left lower extremity sciatic nerve radiculopathy 10% 08/26/2015 service connected

My private DBQ uploaded at claim indicated this on the Radiculopathy portion of the DBQ

 

MY VA Conducted exam indicated this on the Radiculopathy portion of the DBQ

Edited March 22, 2020 by arizonavet85

[GBArmy]

Hi arizonavet85   A quick look at your dbq sure looks like you would meet "moderate" and therefore, a 20% rating. For something like that, where it seems black and white, I'd try HLR. No mystery about talking to them. Just have your facts when you talk and be sure they have (all the pages of) the dbq in your file. Happens a lot; I don't know if done on purpose or just bad work. But, I also see you are at 90% combined. You understand VA math correct? If it is exactly 90%, you realize you won't get much of a bump even at an increased disability of 20%? Even with bilateral, you may not make it. You should check your math. Of course, you have gone this far, so you should follow thru with an appeal. And it you have another disability or an increase you may get to 95% and therefore 100% in the future.

[GBArmy]

I was hoping you were't at a flat 90%; best of luck. Get that scheduler 100%!

[arizonavet85]

Thank You! Yes I do believe moderate is 20% myself, im just shocked it was overlooked which is why I thought I'd ask; just in case anyone might know why. ATM im 94% if they increase both the 20% each it will take me to 96%; which is why I was hoping to get as much info on this now so Im prepared for that talk with the Senior Reviewer.