Honest John Lance

The 40% ROM will only get you 20% rating which is what happened to me. I put a NOD (pending) because they ignored my bilateral radiculopathy. They should have given me a separate rating for the radiculopathy, at least 10% bilateral. The fact that you were on bedrest may help you.

John, it took 20 months from when I applied but I am awarded going back almost 2 years.

Thanks Berta, I just sent in a NOD on my back asking for a rating for bilateral severe nerve root compression. I am 20% for Degenerative Arthritus of the Lumbar Spine. I asked for an increase and they left me at 20% because my forward flexion is > 30%. When they considered my claim they had 2 MRIs indicating the nerve root compression and the C&P exam noted bilateral peripheral nerves being affected and Lasegue’s sign being positive. They basically ignored that information.

Well I checked the SS website for my application status and it said that a decision has been made. Checked with the bank and there was a large deposit from SS for backpay, no doubt. Wow, so glad it is over and with success. Had a really good judge and very experienced attorney. Thank you Lord!

Wow, now that is what I call desperate!! I hope you loaded up on pain medication first.

Just wondering if anyone could tell me what the average time it takes to get an appointment for a referral by the PCP. The RN that I saw referred me to get xrays and then to the physical medicine rehabilitation clinic. I was told it take 30 days to get the appointments but it's been longer and no word.

Congratulations John46, its always good to hear of someone's success with the VA. I'm sure you will also be successful with your TDIU since I know you will follow the great advice received on this board. Good Luck!!

If the FDA and DEA and doctors or patients are worried about the acetaminophen in percocet, you could ask your doctor to just give you the oxycodone alone. I believe that they make the oxycodone pills as low as 5 mg. I read where the reason that they put acetaminophen in percocet is because it reduces fever and has a different added analgesic effect. But there are lots of people that get good pain relief with just the oxycodone.

As far as I know there is no advantage having a disablility rated as primary or secondary. The difference is usually if a disibility is primary sc'd it's because it was in your smr. If you have a disability that develops because of a primary disability, then that disability would be secondary to that disability. For example in my case, I have a primary rated disability of degenerative arthritus of the lumbar spine. I developed bilateral sciatica over the years due to the degenerative arthritus of the lumbar spine. The bilateral sciatica is secondary. The VA will still give you a rating for the disability it deems as sc'd whether it is primary or secondary.

Here is the official directive from the VA: The clarification came in a July 22 directive from Dr. Robert Petzel, Undersecretary of Health for the department. "Veterans Health Administration policy does not prohibit veterans who use medical marijuana from participating in VHA substance abuse programs, pain control programs, or other clinical programs where the use of marijuana may be considered inconsistent with treatment goals," he wrote. "Although patients participating in state medical marijuana programs must not be denied VHA services, modifications may need to be made in their treatment plans. Decisions to modify treatment plans in those situations are best made by individual providers in partnership with their patients. VHA endorses a step-care model for the treatment of patients with chronic pain: any prescription(s) for chronic pain should be managed under the auspices of such programs described in VHA policy regarding Pain Management."

gousto, are sc'd for your left shoulder? If not you could probably get it sc'd secondary to your right shoulder for overuse. § 4.26 Bilateral factor. When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added ( i.e. , not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10's representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.

Congratulations Carlie! Just goes to show everybody that if you have tenacity and keep up the fight that you can make VA do the right thing. Always good to see a win! Enjoy the fruits of your labor.

I plan on filing a claim for service connection for sciatic nerve damage secondary to my already sc'd degenerative arthritus of the lumbar spine. When I asked to be evaluated for a rating increase last summer for the degenerative arthritus, it was mostly because of the sciatica. Well I have since learned thanks to the hadit forum, if you don't specifically claim something, then VA will ignore it. That is what they did even though my C&P exam noted the peripheral nerve being affected, the MRI showing DDD with sciatica, my complaints of radiating leg pain and numbness/paresthesias of the toes. So my question is do I use the new claim form 21-526 or the statement in support of claim form 21-4138?

Congratulations Durock, way to go! It is always nice to hear of someone's success story.

Congratulations Monster! Correct me if I am wrong but I think that DFAS is returning 70% of the VA waiver in 2011. Then 2012 = 80%, 2013 = 90% and at last 2014 = 100%.

So did the VA give you the bilateral rating? I think they add the two percentages and then add another 10% of that. For example, if you were 10% on the left side and 10% on the right side then your rating would be 10 + 10 + 1 or 21% total.

Postman, since you have bilateral sciatica, did the VA give you a rating % for each side or just one for both?

Postman, is your disability actually referred to as "sciatica" by the VA? Is that different from DDD or Arthritus of the lumbar spine? Reason I ask is because I am rated for degenerative arthritus of the lumbar spine but I also have bilateral sciatica which I could claim as secondary.

I am in the same boat as you are as far as being low balled at 20% on my DDD w/ bilateral sciatica (VA rated it as Degenerative Arthritus of the Lumbar Spine). My last C&P was 0-40% forward flexion. Personally I feel I don't have that much ROM. VA stated that for a higher rating of 40%, I would need a forward flexion of 0-30%.

That's good information Pete. I always thought that if a pill was scored, it was safe to split.

Thanks for the advice John, I am taking Norco for my back and my pain management doctor gave me flexeril (one before bed) but I haven't felt the need to take it yet. So far when I wake up with pain I have been taking a Norco and am back to sleep within an hour. I am sure that I do have some depression, evidenced by when I lay awake in the morning trying to think of a reason to get up an face the pain. Standing in a small area like at the sink or stove causes the bilateral sciatica to act up and I can only walk a short distance. When I see other men my age or older who seem to get around fine I wonder if had I not served in the Army for twenty years, would I have the same physical problems! That does anger me especially when VA doesn't want to acknowledge my pain with the proper rating. I am also sc'd for ligament damage bilateral ankles at 0%. Does that entitle me for free treatment at the VA or do I need to be at least 10%?

Thanks john999, the lady I made my appt with told me all I need is a list of my current medications. Now should I tell my new PCP at the VA that I am taking pain medication from my Civilian PCP. If I do, will he/she most likely tell me to stop with the Civilian and let VA handle it?

I am SC'd for my back degenerative arthritus of the lumbar spine 20%, degenerative arthritus right knee 10%, ligament damage both ankles 0%. The civilian diagnosis of my back is degenerative disk disease with sciatica. My most recent MRI indicates stenosis. I was originally rated in 1996 and rated again for my back and knee in 2007 and then on my back in 2010.

Thanks for the welcome Bonzai. Just wondering how the VA will want to deal with my pain medication. Is the VA going to take over managing the medication? How does that usually work?

I had another C&P exam last July in an attempt to get an increase. Well it didn't work and my rating was continued. So I am thinking I should start getting treatment from the VA to establish a record with them and try again in a year. I have been using Tricare and have been treated for my back (DDD) by a civilian Physical Rehabilitation / Pain Management doctor which basically has consisted of epideral injections and Norco. My civilian PCP is now managing my Norco. I have my first VA appointment next month and was wondering what I am in for and am asking for any advice from anyone on this forum. Thanks in advance.