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Radiculopathy Lower Extremity Percentage Question!


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10 replies to this topic

#1 rgero311975

 
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Posted 02 September 2010 - 05:28 AM

I have been stuck at 10 % for years and I dont understand why? I have read the chapter 38 regulation on the percenatage for my disability,but its still rated analogous and this is so wide open.. They keep saying my radiculopthy is rated as mild ...? I dont understand how they rated this at all how can you get above 10% without having leg drop or something? I am in a wheelchair and i cant really walk on it becasue it givies out on me and i have numbness in it and pain!!

#2 brokensoldier244th

 
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Posted 02 September 2010 - 02:16 PM

Im rated 10% and from what I can gather you are exactly right-short of EMG findings showing permanent damage, mild encompasses everything unless you have muscle withering, foot drop, partial paralysis, etc. Im rated 50% over all-10% tinnitus, 10% Rt Leg radiculopathy, and 40% DDD. If you are in a wheelchair and can't walk on it you are an a lot worse shape than me, so you should have them do more than the touch test, tuning fork,etc, and have them do a nerve conduction velocity study and/or EMG. Its not pleasant, but I had one the other day and it's tolerable. At least I found out that despite the tingles and pain in my left (non-svc connected) leg, I don't have permanent nerve damage.

#3 rgero311975

 
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Posted 02 September 2010 - 06:24 PM

I had a n nerve condution test and the results wre very bad that my mine was in my faor.. The statue on scaiticia if totally senory is mild at most which i am rated at that 10%!!!! I dont have reflex in my knee and its numb and i can only bare some wieght on it with out it giving out on me.. The c and p peolple keep saying 10%? It one of those tings that unless you have foot drop or muslce loss that they can see it hsard to get and increase unless you get a good c and p rater? right?

#4 brokensoldier244th

 
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Posted 02 September 2010 - 09:35 PM

that is how it seems, yes.

#5 retiredat44

 
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Posted 03 September 2010 - 12:26 AM

Im rated 10% and from what I can gather you are exactly right-short of EMG findings showing permanent damage, mild encompasses everything unless you have muscle withering, foot drop, partial paralysis, etc. Im rated 50% over all-10% tinnitus, 10% Rt Leg radiculopathy, and 40% DDD. If you are in a wheelchair and can't walk on it you are an a lot worse shape than me, so you should have them do more than the touch test, tuning fork,etc, and have them do a nerve conduction velocity study and/or EMG. Its not pleasant, but I had one the other day and it's tolerable. At least I found out that despite the tingles and pain in my left (non-svc connected) leg, I don't have permanent nerve damage.




I was diagnosed with Dystrophy,, (myotonic dystrophy, which is like muscular dystrophy,,,) and they only used a tuning fork and tapped my knees and had me walk around... I have tremors and unctollable movements and jerking (I also get shots in my spine every couple of months, and also had back surgery many years ago for a disc removed.) I also was confined to a wheel chair for 1 year, and am very sick.. so not sure what tests they do... I originally claimed MS, but they declined that,,, I am awaitng a rating..

#6 rgero311975

 
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Posted 03 September 2010 - 05:41 AM

I have looked up old cases and looked at the chapter 38 regulation and i still dont understand how to get to 20% ...> ? I read if it is totally senseroy then it only 10% at the most which i am rated at right now.. I have read bva cases that stated the veteran had senory problems and raidating pain in thier leg, but they still only got 10%? going from 10 to 20% seems very confusing ...

#7 postman56

 
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Posted 03 September 2010 - 06:59 AM

rgero311975, I received 20% for radiculopathy left lower extremity. My initial claim was (pain in left leg, hip, foot and buttocks)> The va states that diagnosis of radiculopathy of the left lower extremity with positive nerve conduction studies, an antalgic gait favoring the left lower extremity and objective findings to include decreased light touch sensation below the knee, lateral aspect of the left to the dorsum of the left foot. I am sercice connected 20% for lumbar strain with ddd, with the radiculopathy being secondary. I did have a civilian dr do the emg which had confirmed left lower radiculopathy. My VSO was surprised of the percentage he did state that radiculopathy normally rates at 10%. Did you state having painin your buttocks? I did and they lumped the left buttocki in with the left radiculopathy and I received 0% for the right buttock.

Don't give up.

Postman56

#8 brokensoldier244th

 
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Posted 03 September 2010 - 09:51 AM

My private doc noted antalgic gait (no leg favored listed) in my last exam that I got to build my case for an increase and for service connection that I had a month ago. Can gait alone be secondary? Im currently claiming for svc connection for left leg radiculopathy, right leg worsening, and ED as a result of DDD and medication. I didn't specifically claim 'altered gait'. Do I have to, or do they read between the lines? (ha)


Hmm...that could be interesting if they raise my existing Rt extremity from 10%, or somehow figure the gait into my request to service connect my left extremity.





rgero311975, I received 20% for radiculopathy left lower extremity. My initial claim was (pain in left leg, hip, foot and buttocks)> The va states that diagnosis of radiculopathy of the left lower extremity with positive nerve conduction studies, an antalgic gait favoring the left lower extremity and objective findings to include decreased light touch sensation below the knee, lateral aspect of the left to the dorsum of the left foot. I am sercice connected 20% for lumbar strain with ddd, with the radiculopathy being secondary. I did have a civilian dr do the emg which had confirmed left lower radiculopathy. My VSO was surprised of the percentage he did state that radiculopathy normally rates at 10%. Did you state having painin your buttocks? I did and they lumped the left buttocki in with the left radiculopathy and I received 0% for the right buttock.

Don't give up.

Postman56





#9 rgero311975

 
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Posted 03 September 2010 - 03:47 PM

they never read between the lines you got a spell it out and fill it in for them.. I am 10% for lower extremity radiculopthy and been that way for 5 years and keep appealing it and geting nothing... I told them weakness in my leg and it gives out on me..Nerve conduction was done at a priate dr and mine was in my favor but still nada!!? when it is totally senory they will not give you more than 10% by the regs! So i need more than hey pain in my butt or something and i dont understand how to get higher as i deserve more than a `10%?????

#10 kryptos

 
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Posted 05 September 2010 - 09:25 AM

I was also 10% for the same thing and they kept denying me so i kept filing and going back for C&P and finally the dr got tired of seeing my face after 4 C&P visits and 3 denials the 4 time i was awared a increase i was given 40 % for radiculpathy of left leg and 40% for radiculopathy of right leg go figure no new evidence and nothing changed. just keep fighting you will eventually win

#11 rgero311975

 
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Posted 07 September 2010 - 05:54 AM

I was also 10% for the same thing and they kept denying me so i kept filing and going back for C&P and finally the dr got tired of seeing my face after 4 C&P visits and 3 denials the 4 time i was awared a increase i was given 40 % for radiculpathy of left leg and 40% for radiculopathy of right leg go figure no new evidence and nothing changed. just keep fighting you will eventually win



I HAVE BEEN TO 3 OF THEM WITH SAME RESULTS.. THAT DOESNT WORK MAN TRUST ME.. I need some advice how to get above 10% not just keep going in blind ..lol