Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Intervertrbral Disc Syndrome?

Rate this question


blackbird

Question

Hello fellow vets,

I'm supposed to be having a second c&p exam soon for Degen. Disc Disease. Since being disgnosed in 1996 I often have flare-ups of severe pain that may last from 3 to 7 days each episode, caused by inflamation to a damaged nerve. When these happen I have to go to bed and take pain meds, usually dilaudid, to get any relief until the damaged nerve settles down. Over the past year I have been in bed with this problem between 8 to 12 weeks, combined, taking the meds that the surgeon prescribed for these flare-ups.

My question#1 Can anyone tell me if the examiner, after hearing the above, is the one that changes the code to Intervertebral Disc Syn. or do I have to request to be rated that way? I have searched but haven't been able to answer this.

#2 If he does change the code to IDS, would the five cervical disc surgeries I've had since 2001 to fuse 5 discs come into the rating since they are from Degen. Disc Disease? The cervical problems started 5 years after the initial injury to my back that started the DDD.

Thanks for your help!

blackbird

Link to comment
Share on other sites

  • Answers 21
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

That makes a big difference. I missed that somehow. Do you have any kind of a record of the incident? If not, can you get a buddy letter, or a statement from someone who witnessed the incident?

No one witnessed the injury. Since the other troops assigned to my package were in a communications van trying to solve a major breakdown, I had to hunt by myself through the boxes of parts looking for the T.O. manuals. It would be impossible for anyone to say they witnessed it.

I do know that my exit physical states that I had had surgery on lower back, that my leg raise was limited and flexion was limited to 45 degrees by pain. Also, it is stated that patients back and leg pain started in Nov '95. The first week of Nov'95 I was still deployed.

Timeline of treatment:

12/11/95 Saw family Dr. about back pain,

01/16/96 Saw Dr. again, pain worse,

01/18/96 Another Dr. visit, given stronger drugs for pain, MRI

01/19/96 Saw first neurosurgeon.told to take more meds and wait a month,

03/01/96 Saw second nerosurgeon for second opinion. He say herniated disc that the first

surgeon missed.

03/08/96 L4-L5 surgery done.

01/10/97 Discharged for not being world-wide deployable,

05/15/98 Pain no better, fusion surgery done on same joint,

12/05/01 Cervical fusion at C6-C7.

02/2004 Cervical fusion levels C4-C5, C5-C6.

12/09/05 Cervical fusion C7-T1,

06/26/07 Lumbar discectomy on L2-L3,

06/10/08 Cervical fusion at C3-C4.

06/16/09 Surgery again on L2-L3 for second herniated disc.

As you can tell I've got a detailed treatment trail, hope it helps.

blackbird

Link to comment
Share on other sites

Hello fellow vets,

I'm supposed to be having a second c&p exam soon for Degen. Disc Disease. Since being disgnosed in 1996 I often have flare-ups of severe pain that may last from 3 to 7 days each episode, caused by inflamation to a damaged nerve. When these happen I have to go to bed and take pain meds, usually dilaudid, to get any relief until the damaged nerve settles down. Over the past year I have been in bed with this problem between 8 to 12 weeks, combined, taking the meds that the surgeon prescribed for these flare-ups.

My question#1 Can anyone tell me if the examiner, after hearing the above, is the one that changes the code to Intervertebral Disc Syn. or do I have to request to be rated that way? I have searched but haven't been able to answer this.

#2 If he does change the code to IDS, would the five cervical disc surgeries I've had since 2001 to fuse 5 discs come into the rating since they are from Degen. Disc Disease? The cervical problems started 5 years after the initial injury to my back that started the DDD.

Thanks for your help!

blackbird

I also posted my IMO in the IMO section. If you get a chance, look at it and let me know what you think.

Blackbird

Link to comment
Share on other sites

  • HadIt.com Elder

You're not hurting on the treatment end. You need a way to prove that this injury was incurred while on active duty, though. Just telling a doc what happened will not cut it with the VA. They never believe us at our own word.

Link to comment
Share on other sites

Blackbird,

The issue you have is proving nexus. Since you are NG, you need direct proof that your back was injured while on duty.

The main difference between NG and Active duty are medical benefits. Active duty personel are covered by the military 24x7 from swear in to ets. Whether the injury occurs on duty or off duty, it is service connected. ( A guy in my unit lost his leg water skiing, the boat turned and the prop got his leg. he was medically discharged with disability. ).

NG are only covered during duty time. Without actual proof of an on duty accident and medical treatment, it will be a tough fight with the VA. The burden of proof is 100% on you. You have the after service medical treatment timeline covered, but you fall short on the military side. The VA can just as easily assume you were injured on civilian time. Which they will assume since your treatment starts after your deployment. Seeing a doctor on 12/11 is weeks after you injured it, and that is going to be a major issue. That will time the injury after you returned. Even if you had a sick call visit they would still assert it was a civilian issue, but at least you would have something to fight with.

I would talk to the DAV rep and ask him or her if the appeals manager was aware that you were NG when the person said an IMO was probably all that is needed. I generally trust the DAV nso's and they usually have a good relationship with the VA personel. If you were active duty an IMO would work for this.. so maybe it will work for you.

I am not trying to sound overly negative. My service connection is for a back injury and I have been down this road with the VA.

You can look on the VA site and search BVA decisions to see if there is a case similiar to yours.

Rentalguy has laid it out well, and if you were active duty you would probably be gold with the IMO. But NG is going to be the issue.

Link to comment
Share on other sites

Blackbird,

The issue you have is proving nexus. Since you are NG, you need direct proof that your back was injured while on duty.

The main difference between NG and Active duty are medical benefits. Active duty personel are covered by the military 24x7 from swear in to ets. Whether the injury occurs on duty or off duty, it is service connected. ( A guy in my unit lost his leg water skiing, the boat turned and the prop got his leg. he was medically discharged with disability. ).

NG are only covered during duty time. Without actual proof of an on duty accident and medical treatment, it will be a tough fight with the VA. The burden of proof is 100% on you. You have the after service medical treatment timeline covered, but you fall short on the military side. The VA can just as easily assume you were injured on civilian time. Which they will assume since your treatment starts after your deployment. Seeing a doctor on 12/11 is weeks after you injured it, and that is going to be a major issue. That will time the injury after you returned. Even if you had a sick call visit they would still assert it was a civilian issue, but at least you would have something to fight with.

I would talk to the DAV rep and ask him or her if the appeals manager was aware that you were NG when the person said an IMO was probably all that is needed. I generally trust the DAV nso's and they usually have a good relationship with the VA personel. If you were active duty an IMO would work for this.. so maybe it will work for you.

I am not trying to sound overly negative. My service connection is for a back injury and I have been down this road with the VA.

You can look on the VA site and search BVA decisions to see if there is a case similiar to yours.

Rentalguy has laid it out well, and if you were active duty you would probably be gold with the IMO. But NG is going to be the issue.

Hey Airrborne18,

Thanks for your post.

I've been looking at the BVA decisions alot lately. I have seen several cases similar to mine, one in particular. It stated, if I understand it correctly, that there was a difference between INACDUTRA and ACDUTRA for National Guard. It stated that the difference was INACDUTRA means that you're only covered while on duty and that ACDUTRA meant you were covered during duty and beyond if anything comes up later from time on active duty. I've reviewed over 150 cases already, and if I can find what I'm referencing again, I'll post it. I was ACDUTRA.

You may be right about me being unable to prove my injury happened as I have claimed, but as long as God and I know what happened, I can live with the outcome. I have the absolute highest respect for people that join the active military and I encourage many young people to consider it.

I wish that I had joined the active side when I was 18 instead of joining the Guard at 29. Eventhough the Guard has traditionally been type cast by many as "week-end Warriors", I think most people that know the facts would say that this isn't the case in recent years. It a shame that the VA doesn't see the contribution that the "week-end warriors" have made. I did not realize that when I joined the Air National Guard, a part of the USAF, to serve my country, that the members of the NG were considered by many to be "second class soldiers".

Now that I have vented, have a good day!

Blackbird

Link to comment
Share on other sites

Hey Airrborne18,

Thanks for your post.

I've been looking at the BVA decisions alot lately. I have seen several cases similar to mine, one in particular. It stated, if I understand it correctly, that there was a difference between INACDUTRA and ACDUTRA for National Guard. It stated that the difference was INACDUTRA means that you're only covered while on duty and that ACDUTRA meant you were covered during duty and beyond if anything comes up later from time on active duty. I've reviewed over 150 cases already, and if I can find what I'm referencing again, I'll post it. I was ACDUTRA.

You may be right about me being unable to prove my injury happened as I have claimed, but as long as God and I know what happened, I can live with the outcome. I have the absolute highest respect for people that join the active military and I encourage many young people to consider it.

I wish that I had joined the active side when I was 18 instead of joining the Guard at 29. Eventhough the Guard has traditionally been type cast by many as "week-end Warriors", I think most people that know the facts would say that this isn't the case in recent years. It a shame that the VA doesn't see the contribution that the "week-end warriors" have made. I did not realize that when I joined the Air National Guard, a part of the USAF, to serve my country, that the members of the NG were considered by many to be "second class soldiers".

Now that I have vented, have a good day!

Blackbird

Here is the passage I was referring to:

Direct Service Connection Based on Reserves Service in 1999

With respect to Reserves members, diseases incurred or

aggravated while performing ACDUTRA are eligible for service

connection. 38 U.S.C.A. §§ 101(24), 106, 1110, 1131 (West

2002). However, if performing INACDUTRA, only injuries

sustained during that time are eligible for service

connection. Id.

Do I understand the meaning of this correctly?

Blackbird

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use