Marked Muscle Atrophy

[KansasNavy]

Has anyone come across a VA definition of what Marked Muscle Atrophy actually means?  How do they differentiate between Muscle Atrophy and Marked Muscle Atrophy?  Do they guess?

Background:  Two back surgeries, same location 5 years apart while AD

When I was rated back in 2014, the VES Dr used the IVDS DBQ.  (Question Number 6 - Functional loss) Dr checked the box Atrophy of Disuse when referring to my thoracolumbar spine. I am assuming this I think.  Further down at (Question Number 8 Muscle Strength Testing) He checks: Does the veteran have Muscle Atrophy - Yes and notes Left Lower extremity.  Then they note the measurements.

Rater rated my back at 40% IVDS/DDD  Static

Rater rated my lower left extremity with 40% (Radiculopathy/PN)  Moderately Severe Incomplete paralysis

However, 60% just states Severe Incomplete paralysis with Marked Muscle Atrophy

The muscle atrophy was very noticeable in my left leg (Mostly calf muscle) which is why he noted it and checked the boxes.  It seems to me they overlooked the muscle atrophy or somehow decided it wasn't "Marked?

 

[GBArmy]

KansasNavy Is this a recent rating or has it been over a year? With the limited info you provided I'm guessing the VA is somehow trying to tie the two together and therefore only giving you one rating for both. The rater may be considering it a pyramid situation. You may want to get some legal help on this as it might result in some serious back pay so the VA will fight you a little harder to avoid reversing the decision. You could try a HLR if it is a recent decision, but I don't expect that would result in a favorable decision based on what you said. If you redact your personal info and post the decision letter, we might be able to help after seeing details.

[ShrekTheTank]

There is no well defined meaning between the two, but I am guessing and one is worse than the other they keep happening or is very targeted to one area.  The Va rates things based on the severity, how often is it happening.  Is it waking the veteran up at night.  things like this will play into the decision and I am assuming what MARKED means.  

Like GBarmy said we could help more with a redacted award letter

[KansasNavy]

Thank you.  I will try to break apart the C-File.  Is it better to attach a pdf document or copy and paste it into the same box.

[KansasNavy]

I think I did it right.  Portion of the award letter and the DBQ the VES Dr used.

VA Award DBQ DDD and Radic.pdf