lumbosacral DBQ CLARIFICATION FOR LOWER BACK

[VAW-126]

I am looking at one of my DBQ for Back (Thoracolumbar Spine) Conditions for which i have file for a increase evaluation for my S/C Lumbosacral Strain.  The following is what the C&P Examiner wrote verbatim "The examination is neither medically consistent or inconsistent with the Veteran's statements describing functional loss with repetitive use over time". What does the mean. I am currently rated at 70% P/T with IU. The Social Security Administration has found me disabled as well because of my service connected back and cardiac conditions. A Medical Expert testified at my social security disability hearing as to the extent and severity of my service connected conditions which ultimately resulted in my being granted social security disability. My heart condition is currently rated at 10% but based on the research that i have been doing it appears that my heart condition should be rated at 100% because of the fact that i take medications to help control my stable angina and that I have been hospitalized twice in the past 12 months prior to my C&P exam for my heart condition. Please help clarify if possible.

Service Connected: Lumbosacral Strain 20%, Right Lower Extremity Radiculopathy 20%, Left Lower Extremity Radiculopathy 20%, Right Acromial Fracture 20%, Coronoary Artery Disease 10%

Current Claim filed for: Herniated Discs secondary to SC Lumbosacral Strain, High Blood Pressure secondary to SC Coronary Artery Disease, Coronary Artery DIsease (Increase), Obstructive Sleep Apnea with use of CPAP secondary to SC Coronary Artery Disease, Lumbosacral Strain (Increase), Aid and Attendance.

 

Edited March 9, 2017 by VAW-126
Included more info

[Tbird]

Check this link Veterans Affairs DBQs

 

[VAW-126]

I looked at the DBQ but when the examiner says the exam is neither medically consistent or inconsistent with the veterans statement is that good for the veteran?

[Tbird]

it would be better it seems if erred on the side of the veteran - but then again it doesn't seem to rule it out. i hope others can jump in with their opinions.

[VAW-126]

Tks and I hope there are other vets out there that can help me out with this.

[Carl the Engineer]

The thoracic and lumbar spine are rated together, seperate from the cervical spine.  And unless you have bedrest episodes, then you will be rated by range of motion.  Your 20% for you lower back is probably from ROM.  The rater being consistanf or inconsistant with tthe Veteran, I believe, is the examiner can't say either way (without more Info) without speculation, etc., and you win in that instance.  Benefit of doubt.

I dought the VA changing your rating on your lower back, will have any effect on your SSDI.  I think that is done.  After my wife got SSDI, we have not heard boo from anyone at Social Security over the last three years.

Keep plugging away,

Hamslice

 

 

[VAW-126]

The examiner also noted in my DBQ that my back and heart conditions DO NOT prevent me from working when in fact the reason I am receiving IU from the VA is because of those same conditions so why would the examiner say otherwise. Also she was looking at my Disability FAVORABLE Decision from the Social Security Administration that referenced that my SC conditions caused my disability. I just hope that the rater will take a MUCH closer look at all of my evidence because it appears that the EXAMINER is against me.