Va Incompetence

[SSGmajik]

I recently was denied for an increase for my spine injury. I am currently 40% for my thorocumbular because of my ROM especially only a 5 degree forward flexion and 50% total. I went to my C&P in July 08' and was measured for my cervical ROM not my Lumbar. I received NOD letter, but the big shock was they said my lumbar was showing signs of improvement and that I showed a 40 degree forward flexion. The 40 degree forward flexion was froma really old C&P and that is the only place I can think of that they got that measurement since I was not measured during this last C&P. That shows you how close they really do look at your medical evidence! I also was denied multiple things wrong with my spine and the medical evidence is there! The VA said the doctor does not say it's service connected! My whole spine injury is service connected and the past 4 MRI's since my injur has showed that it is degenerating and the EMG showed nerve damge and yet it was denied! Cleveland VA is the worst!!!!!!!!!!!!!!!!!!!!!!!

SSGmajik

[Tig]

Does your C&P mention Wadell test or tests?? It would probably be towards the bottom of the C&P above the Diagnosis somewhere..

[SSGmajik]

No waddell test! I use a cane to walk because my pain and numbness down my right leg is so bad that I lose my balance or my leg just gives out and I fall. Should there have been a waddell test?

[Tig]

No, the reason I asked was the VA can use the test during the C&P to imply a Veteran is "Malingering" and not grant an increase for that reason.. You would think that an X-ray/MRI or nerve conduction test would be enough to prove the problem is organic and not mental, but they use it.. I have seen them alot on increase for spine issue C&Ps, including mine..

[SSGmajik]

Well my congressman has got involved and my VA doctor wants to know what evidence they were looking at because what he wrote in my records contradicts what they are saying. All my MRI's and X-rays prove my case, but the VA always try's to find loop holes to not give you ratings. Thank you for your insight Tig.

[Tig]

No problem, I have alot of SC spine related issues and just thought you might want to watch for that test on your C&Ps. It seems to be more and more considered out dated, often misused and doesn't signify malingering.. I would almost bet they used it during your exam, but maybe not... If you need any info on it let me know..

[SSGmajik]

TIG: I appreciate any help you can give here is the run down that I had on a earlier post......

I need some help! Here is a start to the problem I am having. I served from 02/1997 to 09/2005. I had my first surgery on my back in 12/2004 and then I was medically discharged in 09/2005 for my spine injury. I filed my initial claim in 12/2005 and received my first rating 06/2007, 10% for my neck and 10% for my lower back. I had two more surgeries in 06/2007 and 07/2007 and filed for an increase in 08/2007 and received a rating in 10/2007 (surprisingly quick)! I received an increase of 10% for my lumbar which brought now to 20% and my neck stayed at 10%. I then filed for another increase in 10/2007 stating that my condition deserved higher rating; I mean I could hardly move. I received an increase in 04/2008 for my lumbar, it was increased to 40%! I then filed for secondary conditions listed below in 04/2008. I thought they would rate the arthritis and most of the conditions listed below when I initially filed, but to no surprise they did not! I have done this all on my own and I have learned that I have been taking the long way around, but my vet rep was no help to me. He would not listen to what was wrong with saying just file for an increase and they will see the evidence, and obviously they did not! I am seeing a mental health doctor for my depression in dealing with my chronic pain and just everything else that I have to deal with in my back. I have been going to the VA regularly for my back at least 2-3 times a month for the past year. I am on Gabapentin, oxycodone, etolodac, and two medications for headaches and migraines that I can not remember the names. I recently filed for another increase for the conditions below and the VA denied all of them except that they deferred a rating for my scar from my microdiscectomy surgery. I have had 4 MRI’s (3 on my Lumbar and 1 on my cervical) and they all showed my condition getting worse. On the first MRI on my lumbar it showed bulging discs and some mild stenosis that was about it. Then the next showed it getting worse and worse as listed in the conditions listed below. The VA said that it is not getting worse. I had a C&P in 03/2008 for my increase that I got in 04/2008 and I was measured at 5 degree forward flexion. Then when I got my letter for this increase they said I had 40 degree forward flexion, but the thing was I never had a C&P for my lower back on this one! There were notes from 2007 that said I had 40 degree forward flexion, but that was 2007 and I had the latest measurements in 2008! That tells you how close they really look at the documentation! Please help I have more info if someone can help!

Here is some of the issues that I have…….

1.) Facet arthropathy (arthritis)

2.) Spinal Stenosis in my Cervical and Lumbar spine (Moderate to severe grade) spine

3.) Bulging discs in my Cervical and Lumbar spine

4.) Scoliosis

5.) Osteophytes and/or Bone-spurs in my Cervical and Lumbar spine (Moderate to severe grade) spine

6.) Scar from the microdiscectomy surgery approximately three inches in length. Two RFA (Radio Frequency Ablation) surgeries on my L3-L4, L4-L5, L5-S1.

7.) Spondylolisthesis in my Lumbar and Cervical (Moderate to severe grade) spine

8.) Migraines that occur at least one every seven days due to the chronic pain, medication and the difficulty to sleep.

9.) Degenerative Disc Disease (Moderate to severe grade) has developed in both my cervical and lumbar levels of spine.

10.) Nerve damage in my lower back caused chronic radiating pain down through my right leg and foot; as a result, the muscles in these locations have deteriorated somewhat. Occasionally, I get the same pain in my left leg.