Thoracolumbar....

[rpowell01]

It is my understanding that the VA rates the Thoracolumbar as one segment. Basically this means if one part of the Thoracic spine is messed up and later on in life the lumbar starts to mess up then it is suppose to be rated as the same as if it was the thoracic spine because there is no Thoracic and lumbar separation in the diagnostic codes...Correct?

I've been looking at all my stuff and I think I missed something and so has the VA of course. After the accident in service it was my thoracic spine area that gave me huge problems. Then within a year all the pain progressed to my lower back and cervical spine. While in service the XRays showed degenerative changes in my thoracic spine. I was medically discharged for mechanical lower back pain (trust me if I knew then what I knew now, they should have retired me because of my cervical spine also)....

Fast forward to today. I currently have Osteoarthritis in CSpine, Thoracic Spine and Lumbar Spine. But in my Thoracic Spine you can see the vertebrae basically deteriorating, I think its called Schmorl's nodes which are small protrusions of vertebral disk tissue that bulge through the ends of weakened vertebrae.

In 2011, after realizing the VA never connected nor even mentioned my Thoracic Spine issues I file a claim on that particular issue. Well the C&P examiner said that it was an inservice diagnosis and that it was 100% service connected.

So, if my thoracic spine is serviced connected with current Osteoarthritis should the VA have SC'd my Osteoarthritis/DDD in my Lumbar with the same claim when in fact they knew I had DDD back then and I had a similar active claim and since they are ONE segment? This is like saying we if a person had two breaks in one bone and they SC'd one break but not the other.

Here is the definition of Thoracolumbar:

1. Of or relating to the thoracic and lumbar parts of the spinal column.

2. Of or relating to the thoracic and lumbar nerves.

3. Of or relating to the sympathetic division of the autonomic nervous system.

I could be wrong but the VA should have rated both as one?

They are Preparing a Decision on my current claims but I do have a NOD by DRO actively in with them. I did submit a Dr. Bash IMO for the NOD and the active claims. I am hoping they will combine both of them together on making a decision, I can just hope.

If they don't couldn't this argument be one of the many arguments that I have I can use if I have to or when I go see the DRO for the NOD if I have to go that far?

[leadbelly1981]

So since the va never developed this claim shouldn't the finding of my next c and p be considered.

[ArNG11]

I am a bit of a pessimist and a realists. You and I or just say we as claimants are going to have to realize that the VA is not our friend. They are not going to make it easy on us. They are an insurance company of sorts, plain and simple. They are going to try to tear up the validity of your claim, attack your character, blame it on something other than your military service, such as genetics or some type of willful misconduct on your part. Yes the law is on our side, yes there are regulations that state this is how things are supposed to be, however, if that were the case there wouldn't be the need for an appeals process. There would not be a need to seek appellate review and furthermore there wouldn't be the need to take this up to through the court system. It is what it is. The sooner you realize that the real enemy is the VA system, the sooner you will be in conquering your new enemy. Not trying to be dramatic. I am just stating how it is. The weapons you have now are law, regulation, and evidence so it would behoove all of us to use them strategically and without remorse. This IS our reality and this IS our new WAR!!!!

JMHO from the heart.

Edited March 29, 2014 by arng11

[leadbelly1981]

I totally agree with and see what you are saying. Thank you for your input. I will have to play their game this September is 11 years since I filed the claim. I'm hopeful that the va will order a c and p and x rays and see the degeneration and link the degeneration with my claim of lower back pain from 2003 since they should have ordered and c and p in 2004. But like you said this is dog eat dog so any input is greatly appreciated.

[ArNG11]

I totally agree with and see what you are saying. Thank you for your input. I will have to play their game this September is 11 years since I filed the claim. I'm hopeful that the va will order a c and p and x rays and see the degeneration and link the degeneration with my claim of lower back pain from 2003 since they should have ordered and c and p in 2004. But like you said this is dog eat dog so any input is greatly appreciated.

I don't want to break the bad news to you on this. But in case you haven't figured it out. The time to have appealed that bogus decision was during the first year while in the NOD period. Since that time has long expired you are out of look getting any retro. There is a chance, that if you have everything they had at the time of the decision, and can prove that your conditions should have been rated higher, and prove that they did not follow the law, then you might be able to call a CUE. Clear and unmistakable error. However, with saying that, the process of CUE is lengthy and a crapshoot. Plus, you, as the veteran, don't have the law on your side as you do at the beginning of any claim. CUE is an ugly animal, although possible to win, it is a long drawn out battle. I am not trying to kill your hopes. I am just trying to prepare you for the BS! Ask around on here. Berta has some CUE templates and you can research on your own some of the decisions that the BVA and CAVC has made. There are plenty of Supreme court decisions as well. The amount of firepower you have and use is totally on you. The law, regs, and precedent set by the courts are your weapons. Evidence is your artillery and truth are your smart bombs. Hit them every which way you can.

[leadbelly1981]

So they can shoot down a claim because they never made a decision and too much time has passed?

[ArNG11]

personally I never read about an initial claim taking that long to get rated and decided on. But you are 30% right? I can tell you will get lowballed as most of us do. They will probably give you a 10% for IVDS of 1 vertebrae and unless you have 6 weeks I believe of incapacitating episodes you will not make the higher rating. Check the CFR though. I don't recall the exact specifics. Degenerative arthritis will either land you 10 to 20 % for each major subgroup but thoracic and lumbar are rated as one. Then there is the range of motion part of the regs. Greater than 60 less than 85 10%. Greater than 30 but less than 60 20%. Check out CFR diagnostic codes 5235 and so forth that you give you a good start.

I have mild degeneration in my t12 and t11 I hurt my back numerous times but never went to sick call, so I don't have anything noted in my smr. Will the va grant sc if you told the c and p doc about your pain prior to ets and they are currently still developing your claim. I have x rays showing degeneration of my lower thoracic spine. I'm only 33 and never injured my back prior to my 3 years in the infantry.