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Back And Spine Ratings

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masonmanwalking357

Question

Does anyone out there have any experiences with having a incorrect VA rating? I currently receive 20% percent VA disability rating and the VA has it classified as "BACK STRAIN" and "ARTHRITIS". It is well documented in my medical records that my back injury occured while on active duty back in 1998. Degenerative Disk Disease (DDD) does not sound like a "Back Strain" and "Arthritis".

Back in March, I submitted a VA Form 21-4138 (Statement in Support Of Claim) to get my VA rating increased from 20% percent. On May 9th the VA Regional Office (Wichita, KS) set me up for a C&P (Comp and Pension) exam. The examiner was not a doctor or specialist to no surprise at all, and tried to rush the examination. I have requested a copy of that examination, but the regional office claims that they can't find it !!! (go figure)

To sum this up, On May 19th I had surgery on my lower back and spine by a civilian surgeon who first operated on me after I got out of the service. The VA doctors told me that I didn't need a dual-spinal fusion and that a microdisksectomy would cure my back and leg pain. With "Two Dead" disk in my lower back that have been there for years, we all know why the VA was against doing the right thing ($$$$$) Lets continue to medicate you and that should help you along...

I went against what the VA doctors said and went ahead and had my L-4 / L-5 and L-5 / S-1 fused. I went ahead and submitted another 21-4138 the morning they wheeled me in for surgery, requesting a temporary VA rating of 100% percent due to surgery on my back and spine, which is my service-connected disability. I understand that both the March and May claims will be combined.

(1) My main question would be: How can I go about getting my rating diagnosis changed from "STRAINED BACK" and "ARTHRITIS" to the correct diagnosis? Maybe even IDS (Intervertebral Disk Syndrome)

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  • HadIt.com Elder

Feel free to use it, aquabear, and welcome to hadit. You might want to check out my blog for some other helpful information. Also, be sure to read up on all the info in the spine claim repository.

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