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Denied, Restless Leg Syndrome DBQ's as Peripheral Neuropathy, HLR Toxic Exposure

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IndySam

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Posted (edited)

HiYa!

 

I was denied Restless Leg Syndrome, from toxic exposure. I have RLS since around 2009, out of service 2006. I wasn't sure what would happen with it. 

 

I now have my DBQ from the C&P examiner, they used the Peripheral Neuropathy dbq. Which basically is all answered Nos on the form cause I don't have that!  I even filed it as Convulsice Ticks (RLS). There is no DBQ for RLS, or code.

 

So my question is when I do the HLR call with the reviewer I can mention maybe a better dbq to use would be CENTRAL NERVOUS SYSTEM AND NEUROMUSCULAR DISEASES, RLS is more like Parkinsons than what the first C&P doctor did?

 

Thanks!!

Edited by IndySam
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What were the reasons and bases for denial?  This is important. 

However, It sounds like you have the cart ahead of the horse.  To get service connection, You need the Caluza elements of current diagnosis of RLS, in service event which you apparently allege is toxic exposure.  and a nexus, or doctors opinion that your RLS is at least as likely as not due to your toxic exposure in service.  You need to check for documentation of those 3 items:  Documentation of toxic exposure, your diagnosis, and the nexus letter.  Did the doc essentially state that your toxic military exposure was at least as likely as not the cause of your RLS?  

Short cut:  (Maybe).  "IF" RLS is on the presumptive list, then check that one out.  IDK your country of service, or time of service, so I have no idea what, if any, toxic exposure would be presumptive.  Is this a pact act claim?

Lastly, of course, there is a possibility that your RLS is related to one or more already service connected conditions, that is, secondary.  

You always need to consider the Caluza elements first, before symptoms.  Only after you have been service connected, with either presumptive, CAluza, or secondary Service connection, will the symptoms matter.  

I see you are at 90 percent.  Are you working?  A short cut may be to seek TDIU, its very hard to get from 90 percent to 100 percent.  Because of VA math, you have to have an additional 50 percent to go from 90% to 100 percent, not 10 percent more as your grade school teacher taught you that 90 percent plus 10 percent equals 100 percent.   Not with VA math.  

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Im glad you are able to continue working with your disabilities.   While I have heard this type of thing in the past, I would NEVER go through all the trouble to get something service connected "unless" there was a real potential benefit to my self or to my family.  That is, "if" service connection for RLS would not/could not result in some type of increase compensation, I would not bother with it.  

Sometimes, of course, applying for additional benefits can benefit your family but not result in any increase in pay.  As an example, lets say you have a heart issue, not service connected, but are already 100 percent plus SMC S, so applying for and being granted an added rating for IHD would unlikely increase your compensaiton.  However, a heart issue could easily result in your death and your spouse would be eligible for DIC if you die of a service connected condion OR if you die from any cause AFTER you have been 100 percent P and T for 10 years.  So, it could well help your spouse in the event of your death to be SC for IHD.  

It seems unlikely that RLS is likely to cause death, however.  

You need to decide "if its worth it" to continue (appealing) a claim for RLS or not.  I cant decide that, you obviously know way more about your health conditions and finances than I ever will.  But I do know that most of the time, getting benefits involves lengthy appeals, and a fight for your benefits, freankly.    For me, I would not "fight VA" for an "acknowledgement", instead, unless there was a reasonable chance of increased compensation, I would not go through it.  

I personally have other disabilities that I could persue.  For example, I fractured my leg in service, and have some serious arthritis of the knee.  But, "arthritis of the knee(s)" or related potential disability conditions are extremely unlikely to result in any additional compensation, so I am not persuing them.  (Because Im already 100 percent P and T plus SMC S). 

For me, I would rather the VA spend time working on other Veterans claims, than working on my arthritis service connection as it means no additional comp to me or my family even if awarded.  That is what I call "busy work".  

My father mentioned in the 30's there was a goverment program called the WPA.  They hired people and often gave them busy work.  

"Ok, dig o hole 5 feet by 3 feet, by six feet."  

(You dig the hole).  "Now, fill it back in again, and do that over and over again".  

Im not against "exercise", but I dont want to do busy work to accomplish nothing.  

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Posted (edited)
14 hours ago, broncovet said:

What were the reasons and bases for denial?  This is important. 

However, It sounds like you have the cart ahead of the horse.  To get service connection, You need the Caluza elements of current diagnosis of RLS, in service event which you apparently allege is toxic exposure.  and a nexus, or doctors opinion that your RLS is at least as likely as not due to your toxic exposure in service.  You need to check for documentation of those 3 items:  Documentation of toxic exposure, your diagnosis, and the nexus letter.  Did the doc essentially state that your toxic military exposure was at least as likely as not the cause of your RLS?  

Short cut:  (Maybe).  "IF" RLS is on the presumptive list, then check that one out.  IDK your country of service, or time of service, so I have no idea what, if any, toxic exposure would be presumptive.  Is this a pact act claim?

Lastly, of course, there is a possibility that your RLS is related to one or more already service connected conditions, that is, secondary.  

You always need to consider the Caluza elements first, before symptoms.  Only after you have been service connected, with either presumptive, CAluza, or secondary Service connection, will the symptoms matter.  

I see you are at 90 percent.  Are you working?  A short cut may be to seek TDIU, its very hard to get from 90 percent to 100 percent.  Because of VA math, you have to have an additional 50 percent to go from 90% to 100 percent, not 10 percent more as your grade school teacher taught you that 90 percent plus 10 percent equals 100 percent.   Not with VA math.  

Yeah, I was in Iraq, thanks for the reply! I guess I thought it would be since he was verbally telling me in the C&P that it was toxic either to mechanic MOS or burn pits.

 

But from what I have, the completed DBQ, none of that conversation is documented in my file. So not sure now I guess.

 

RLS is not presumtive. I will go back and look at some successful RLS cases,

 

I am 80%, and work. I am not super concerned with getting 100%, more feel like I would like it acknowledged.

Edited by IndySam
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Also funny story, my RLS Neuro Doctor is my wife's boss. Then for the C&P exam, I got my Neuro doctor's dad, a heart doctor for the RLS C&P.  

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On 5/8/2024 at 5:35 AM, IndySam said:

HiYa!

 

I was denied Restless Leg Syndrome, from toxic exposure. I have RLS since around 2009, out of service 2006. I wasn't sure what would happen with it. 

 

I now have my DBQ from the C&P examiner, they used the Peripheral Neuropathy dbq. Which basically is all answered Nos on the form cause I don't have that!  I even filed it as Convulsice Ticks (RLS). There is no DBQ for RLS, or code.

 

So my question is when I do the HLR call with the reviewer I can mention maybe a better dbq to use would be CENTRAL NERVOUS SYSTEM AND NEUROMUSCULAR DISEASES, RLS is more like Parkinsons than what the first C&P doctor did?

 

Thanks!!

Have you ever had an EEG or an EMG?  Seen a neurologist?  What medications are you taking?

2 hours ago, IndySam said:

Also funny story, my RLS Neuro Doctor is my wife's boss. Then for the C&P exam, I got my Neuro doctor's dad, a heart doctor for the RLS C&P.  

So you have seen a neurologist. 

You were in the Marines.  Ask your father-in-law to check you for TBI residuals and epilepsy.  There are numerous causes of RLS.  Need to narrow the cause and not guess that is toxic exposure until that is the last choice.  Might help to put in a claim for seizures.  RLS will be easily observable with an in home telemetry that is set up by a VA contractor.  Your father-in-law can order the telemetry.

Are you always conscious of the leg movements or just waken up by them after they start?  Do you initiate them or are they uncontrolled?  What responses did you make on the DBQ?

Your history for that will include any head injuries or exposure to blasts including outgoing artillery without full head protection.  Might have to go to your military assignment page for that.

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