Lower Back Claim

[Vync]

Hello everyone,

I am new here, so I am asking folks to please review and offer your opinions. Any assistance is greatly appreciated.

While I was on active duty from 1990-1995, I was injured numerous times during military training. I originally filed a claim back regarding my back in 1995, but it was denied. I am currently 40% SC, thanks for SC approval for several unrelated problems. While on active duty, the military took x-rays and diagnosed me with lumbar or muscular strain and prescribed medication, exepted me from physical activity, and also sent to physical therapy.

In early 2006, I suffered an injury to my L4-L5 and L5-S1 and was given an MRI, I was diagnosed with lower lumbar spondylosis (moderate narrowing of the disc cavities), degenerative disc disease, herniated vertebrae discs contacting the nerve roots, muscle spasms and strains, reversal of the lordotic curve, and and even advised to seriously consider surgery. I was given more loads strong medication, an epidural pain block, and eventually sought help from physical therapy and even a chiropractor.

In 2008, I filed another claim regarding my back, but it was denied. I spent time gathering copies of my service medical records and civilian medical records and re-filed again in August of 2008, providing counters to each reason the RO claimed was a basis for my denial. I also got a written statement from my ex-wife, who described her observations of my back problems. I just received a letter asking me to fill out medical release forms or provide medical evidence, even thought I sent the medical records already.

It seems very obvious that my back injuries during military service were the root cause for my current problems. I now have a sedentary desk job with an ergonomic chair and a wonderfully supportive girlfriend. Over time have had to re-train myself how to avoid reinjuring my back while performing normal daily duties. Quite often, I can control the pain and problems with medication, but when I simply sneeze or cough, I always worry about having to take another unplanned visit to the emergency room.

Questions

1. Given the nature of my injuries, what type of percentage would I qualify for?

2. With respect to my overall 40% SC rating, could I potentially see this increase or will they just embed it and leave me with the same rating?

3. Since I did not 'keep alive' the back injury portion of my original claim in 1996, if my back claim is approved, what could I expect as an effective date?

4. If I kept records of my out of pocket expenses for doctor and medication co-pays, if my back claim is approved, will the VA allow me to file for some sort of reimbursement?

Thanks,

Vync

[Vync]

Hello everyone,

I visited the Neurologist yesterday. I went in hurting and with a moderate back spasm, came out feeling worse. I have a new MRI scheduled for this afternoon. He is leaning toward another epidural pain block, unless surgery is required. Here's the scoop:

Doc is reluctant to provide a written IMO because he did not treat me in 1990-1995.

Forward flexion: 10 degrees

Hyperextension: 0 degrees

Right Lateral Bend: 5 degrees

Left Lateral Bend: 5 degrees

Has some straightening of the lumbar lordosis.

Sitting straight leg raise positive in bilaterally in back only.

Diagnosis: Degenerative disc disease, lumbrosacral spine w/radiculopathy

[john999]

If he won't write you an a medical report get another doctor. There are tons of them out there who are willing to inject you. It is the biggest money making scam in the world. There is no proof at all that these injections work. I had plenty and they did not work for me.

[Vync]

I had one injection back in 2006 and must have got lucky. Pain subsided steadily over several weeks, but never really went away. Now it's back. It stinks that I have to take a half a day off work to visit docs like this, but might eventually run out of time off. Don't want to give my boss anything to worry about.

[ArmyTexas]

I had several injections in the cervical spine. The 1st worked for a day and the 2nd lasted for 2 days. Doc referred my back to primary care and to get a nuerosurgeon, Nuerosurgeon said I was wasting my time with the injections since my neck was so jacked up. My neurosurgeon did not have a problem writing a letter to connect cervical radiculopthy, chronic headaches to the DDD in the neck. I've found that you have to straight up front, don't waste their time when you go in to see them. Let them know what your pains/problems are, that you want to eleviate these problems, and that you want the VA to compensate you for the problems that you are having. I took the rating chart for the conditions and that showed him that I was rightfully seeking compensation. Told him if he didn't find anything wrong to put that in as well. The last statement ensured my credibility with him.

Doctors are so used to patients running them around in circles with symtons that they would like to see someone just be straight forward and make their job easier.

[Vync]

MRI is complete. No official radiologist report yet, but I noticed a few things visibly. The herniated discs are no longer blown wide open. I see bits of debris around where the tears were. The lordotic curve is totally gone. My spine is straight as a ruler from the thoracic region to the first segment of the sacrum.

Back to this:

Code 5243-XXX (38 CFR 4.71(a)) - Part 1

Under the spine codes for 20%, other than ROM, it indicates 'or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis'.

I guess having no lordosis may qualify as "abnormal spinal contour"

I have another appointment on Monday with a different doc. Will ask for their opinion and IMO. Will be up front about it too.

[Vync]

I just had an appointment with another doctor, but she was unwilling to write a nexus letter. I am hoping to find someone in my area who would be willing to do this without charging an excessive fee. Anyone have any tips on how to find a doc who will do this?

Note: Still no word regarding my official MRI results or f/u appt to give me some relief of my pain.