Another Doc that "eye balled" measurements

Moustache6

Moustache6

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
I have two questions...

1. Does anyone have a recommendation on how to handle a C&P Doc that uses a calibrated eye ball to conduct measurements?

I know that there is a process that I can use after the fact, but it should not be that difficult. My VA facility is fairly small and only has 4 or 5 Docs that do the C&P's. I can't risk being the guy that pisses off one Doc and ends up seeing his buddy on a follow up appointment. I have well documented MRI's, physical therapy and acupuncture and don't think that I received a fair shake on the back measurements.

Below are the measurements and Radiculopathy information:

Forward Flexion: 70
Painful Motion Begins: 60
Extension: 25
Painful Motion Begins: 20
Right Lateral Flexion: 30
Left Lateral Flexion: 30
Right Lateral Rotation: 30
Left Lateral Rotation: 30

Post Forward Flexion: 70
Post Extension: 25
Post Right Lateral Flexion: 30
Post Left Lateral Flexion: 30
Post Right Lateral Rotation: 30
Post Left Lateral Rotation: 30

Numbness to right lower extremity: Moderate

2. Am I accurate in assuming that I will receive 10% for the ROM and another 30% for the Radiculopathy?

Thanks
 
Moustache6 said:
I have two questions...

1. Does anyone have a recommendation on how to handle a C&P Doc that uses a calibrated eye ball to conduct measurements?

I know that there is a process that I can use after the fact, but it should not be that difficult. My VA facility is fairly small and only has 4 or 5 Docs that do the C&P's. I can't risk being the guy that pisses off one Doc and ends up seeing his buddy on a follow up appointment. I have well documented MRI's, physical therapy and acupuncture and don't think that I received a fair shake on the back measurements.

Below are the measurements and Radiculopathy information:

Forward Flexion: 70
Painful Motion Begins: 60
Extension: 25
Painful Motion Begins: 20
Right Lateral Flexion: 30
Left Lateral Flexion: 30
Right Lateral Rotation: 30
Left Lateral Rotation: 30

Post Forward Flexion: 70
Post Extension: 25
Post Right Lateral Flexion: 30
Post Left Lateral Flexion: 30
Post Right Lateral Rotation: 30
Post Left Lateral Rotation: 30

Numbness to right lower extremity: Moderate

2. Am I accurate in assuming that I will receive 10% for the ROM and another 30% for the Radiculopathy?

Thanks
Click to expand...

Indeed, please ensure that you carry and quote the following from 38 CFR Part 4, Subpart B - Disability Ratings, The Musculoskeletal System...

"§4.46 Accurate measurement.

Accurate measurement of the length of stumps, excursion of joints, dimensions and location of scars with respect to landmarks, should be insisted on. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Muscle atrophy must also be accurately measured and reported."

In reference to the measurements and Radiculopathy information, what is(are) your medical condition(s) associated with the aforementioned ROM measurements?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Last edited:
I can only tell you what happened to me, since I'm still awaiting my percentages I don't know what the outcome will be. First as soon as I got back I typed up a memorandum for record detailing the improper measurement and quoted the regulation, I submitted this with my MEB package that went up to the VA. Next I had the measurements retaken by the physical therapist on JBER, since they used to accomplish them for the MEB he was well versed in the proper procedures. Lastly I made several calls, the first to the patient advocate at the VA hospital, I was told he couldn't help me because I was active duty and it was a C&P and was advised to call the VA IG. I then called the VA IG to attempt to file a complaint, but was told once again that since I was active duty it was beyond their scope of responsibility. Lastly I filed a congressional complaint, the problem is that there is no recourse for an active duty member to take when they are wronged.

He did put however that I had more than 6 weeks of incapacitation in 12 months, but the episodes were related to surgery so I'm not sure how they will rate it, I've seen Providence rate both ways on this, most recently they rated 60% even though it was convalescent leave. I personally think it's important to leave a paper trail of the wrong doing so you can address it at a later date if need be, otherwise when it comes to a reconsideration they'll say you obviously didn't have a problem with it before. To date I've had 7 back surgeries and if they were to go with the ROM ratings the doctor gave I'd be rated 20% for my back, when in reality I couldn't even complete the motion one time, and the doctor to boot didn't use the proper tool to measure. Let us know if you make any progress on this and what you did. I feel that the more complaints that are registered the better it will be for future GI's at their C&P.

-Shawn
 
Warrior644,

I have herniated and bulging discs from L1 through L6. Each of the aforementioned has issues to differing extents.

thanks for the response.
 
Moustache6 said:
Warrior644,

I have herniated and bulging discs from L1 through L6. Each of the aforementioned has issues to differing extents.

thanks for the response.
Click to expand...

Indeed, you are welcome! :)

Ah, okay; thanks! Unfortunately, the ROM measurement provided for forward flexion of the thoracolumbar spine yields a potential DoVA proposed rating of 10%, but what body part areas are experiencing the radiculopathy?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Radiculopathy is down the right leg and outside of the right foot. It's just numb all of the time.
 
Warrior644 said:
Indeed, you are welcome! :)

Ah, okay; thanks! Unfortunately, the ROM measurement provided for forward flexion of the thoracolumbar spine yields a potential DoVA proposed rating of 10%, but what body part areas are experiencing the radiculopathy?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
Click to expand...

Moustache6 said:
Radiculopathy is down the right leg and outside of the right foot. It's just numb all of the time.
Click to expand...

Okay, it seems that a DoVA rating for radiculopathy can potentially be awarded for your right leg, albeit I am not sure about your right foot.

Hopefully, other PEB Forum members shall be able to provide sound insightful information referencing any potential DoVA rating for radiculopathy outside of your right foot.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Moustache6 said:
Radiculopathy is down the right leg and outside of the right foot. It's just numb all of the time.
Click to expand...
In regards to the failure of the C&P examiner to use a goniometer: Do you have either a lawyer or VSO representing you? If so, I would reach out to them.

In regards to the Radiculopathy rating: I agree that it should be rated as Moderate / 20% but a lot of times it will only be rated at Mild 10%.

My C&P exam noted that it was Moderate on Right Leg and Severe on the Left Leg. Have not received the results as of yet but my VSO advised that I was rated 10% for each leg.

Sciatic nerve
8520 Paralysis of:
Complete; the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost80
Incomplete:
Severe, with marked muscular atrophy60
Moderately severe40
Moderate20
Mild10

These are the percentages for Radiculopathy of the Sciatic Nerve.

Take care and good luck to you.
 
You must log in or register to reply here.
Top