ArNG11

I would say the same as the rest of the folks on here. Ditch the haters you don't need them in your life. If they don't help to build you up, then they're only there to tear you down. Stay close to those who really care about you, never mind the rest. Congrats and I wish you well.

Congrats. Always good to hear someone else is getting great news. Best of luck. Stay strong and keep trucking.

With handcuffs on and vises on their lips!

I thought I could hold a grudge. John I am just a newbie on here and sometimes I do the same things you spoke of in your posts (think about some of them at least) Try not to let it eat at you. Personally I found that all my rage and resentment of what should have, could have and would have is just a waste of time and counter productive. You may not solve your problems or even make significant changes in your condition but that shouldn't mean you throw in the towel or let it eat at you from the inside in such a manner that there is nothing left of your soul. Come to think of it I am guilty of this at times but it reminds me that I still need to fight even if I know I may loose, I just know that I need to keep trying and not give up. Take this for what it's worth. Im just being sincere. Good luck hadit friends.

No not taking it personally. The advise is fine. No it was not a FDC. Back injury is all that was stated when I filed. Made a mistake of listening to a non experienced VSO rep. But I am learning and I think to some degree I can use this to my advantage and turn it around. I just want a fair rating. For the time being ill keep getting evidence and reading the regs. I had a feeling the way I was rated was combining separate rating criteria. They ignored the "or's in rating qualifications besides evidence as well.

I was under the same impression. The advice from members here have been explaining the differences and how IVDS is rated and how ROM would be applied but it wasn't making sense to me from reading the regs and applying it to my decision letter. I know from the physical damage my rating on that should warrant a higher rating. Since I have muscular issues and nerves issues that is a another separate matter entirely. I do have a combination of the two. My spine is curved because of the way I had adjust myself when wearing the IBAS (body armor) when I was overseas to minimize the pain and function with mission activities. I have x rays of my back before I left and x rays when I came back. I was pretty shocked. MRI show how ugly the picture is. I've been gathering all my evidence and trying to formulate a rebuttal and statement to contest the decision. I feel I should call attention for the VA to acknowledge all the evidence I submitted. I also will ask for them to reopen the claim and correct the error and apply the correct ratings and percentages but don't feel all that confident in the wording. I could try to prove a CUE but statistically that is a gamble. Since I have new evidence I am not sure if I should just be blunt and cite the regs and ask they reopen the claim as NEW EVIDENCE and that they rate it correctly according to regs and/or file an NOD. These are two avenues that I can take. File for an increase with new evidence and if they still low ball it, then hit it with an NOD, and hopefully a fair and competent rater/senior or DRO reviewer will rate it fairly. I believe if it goes to BVA I will be stuck in limbo, just for the BVA to remand it back to the regional office. I know wishful thinking, or not wishful, however, I feel confident that the evidence is too overwhelming for them to ignore. Luckily my evidence is from private providers and I have copies of everything. I am just at a loss on my plan of attack.

The c& p has ROM measurements, however the examination was at the smallest amount of observation. No measurements or range of motion tests were performed. All my medical evidence is from private physicians. They rated me for both. IVDS and degenerative disk disease. I have 2 MRI s of the lower lumbar and one of the upper thorasic as well as ROM measurements from a physical therapist. . What I am really trying to decide is whether to submit the evidence and cite the regulations that they should be applying to my injuries in a non adversarial manner and if I can't get any movement in my favor then submit my NOD with all the new and relevant evidence and pointing out the evidence that was ignored and or not referenced in their decision. Most likely I would ask for the DRO review if it comes to having to file NOD This is what the MRI stated. They have a copy of this information. L1 moderately decreased in T2 signal and height. schmorl's node anteriorly and superiorly at L1 to disc. L3-L4 mildly decreased in T2 signal and height Schmorl's node anteriorly and superiorly at L1 Large posterior osteophyte at T-11 and T12, effaces the conus medullar is distally. narrows canal to 7mm AP L1-L2 mild circumferential osteophytic ridging/disc bulge. L3-L4 circumferential osteophytic ridging sized disk bulge contacts but does not deform the thecal sac. Mild bilateral facet joint hypertrophy L4-L5 mild bilateral facet joint hypertrophy Impression: scattered degenerative and hypertrophic changes in the lumbar spine Prominent posterior osteophytic ridging at T-11 - T12. produces central stenosis and some mass effect on the conus medullar is. Thin band of edema in the proximal left femur represent contusion or reaction to degenerative changes in hip. Mild thinning of hyaline cartilage in the hip joints superiorly. Mild joint space narrowing in the hip joints superiorly, likely early or mild osteoarthritis. They rated my injury as follows: Degenerative spondylosis levoconvex sumbar spine with IVDS and vertebral compression deformity L1 10% Tinnitus 10% SVC for Radiculopathy left lower extremely associated with degenerative spondylosis, levoconvex sumbar spine with IVDS and vertebral spine compression. 10% SVC for or tinnitus is granted with an evaluation of 10% SVC for degenerative spondylosis levoconvex lumbar spine with IVDS and vertebral body compression deformity L1 is granted with eval of 10% This is new evidence Thoracic MRI Mild to moderate mid throrasic scoliosis curve convex to the right. Mild disc dehydration to upper and mid , and very lower thoracic spine. Minor bulging discs. minimal or tiny right paracentral disc protrusion at T5-6 and T6-7 Lumbar MRI disk dehydration lower thorasic spine. Notably L1-L2 and L3-4. Prominent Schmorl node herniation along inferior end plate L1 Small disk protrusion T11-T12 effacement of anterior CSF space and central canl space narrowing. Minor disk bulge L1-2 minimal narrowing proximal foramina L2-3 far right lateral disc protrusion into nerve root foramen contributing to a mild narrowing/stenosis of the right foramen at L2-3 L3-4 broad bulging disc mild face degenerative change. Significant central canal space narrowing suggesting mild aquired central stenosis. Mild stenosis right foramen. Small protrusion out laterally resulting in moderate stenosis of left forament likely some mass effect on the exiting left sided L3 nerve root. mulilevel degenerative disc disease of mild to moderate degree. Central disc protrusion at t-11-12 significant central canal space narrowing. Borderline mild central stenosis on degenerative basis L3-4. small protrusion out laterally on the left resuliting in moderate stenosis of the left foramen. likely mass effect on left side exiting L3 nerve root. small far right lateral disk protrusion L2-3 resulting in mild narrowing/stenosis of the right foramen at that level. OhFrom what I have read and from peers on this site. round about figure 40% 50 % rating for the spine segments. The angle of defense that I was going to use to defend my case is the structural damage to the spine. I see that my injury is ratable for muscle spams and moderate nerve damage as well, and range of motion is an avenue that I have supporting evidence for, rom loss for flexion minimal loss with hip pain lateral and anterior,slide gliding right extention moderate to major loss with low back pain.slide gliding left Inability to maintain posterior pelvic tilt with double lower extremity lowering past 55 degrees. Spring test positive for localized pain with notable spasms. painful abdominal bracing in left thoracic. Mild to moderate TTP thoracic TL spine and paravertebrals, left greater than right. My apologies for skipping around. Pain meds are affecting my writing a bit. I hope this clears it up a bit. Thanks for your insight.

Thanks for the info. I have been given similar advice. I just feel like they are rating the injury as it was just the L1. I know from members here that the lumbar and thoracic are rated as one unit. Where the higher ratings are gotten is in the ROM. I'm most like going to NOD the decision. 10 disks of the lumbar and thoracic are damaged. I have continuous muscle spams and with the radiculapathy a 10 % rating on each doesnt follow the regs. I know they should have to address all the damage as its all related to my injury they re just not doing so.. The other issues ,muscle and nerve, should be secondary. Unless I'm reading the CFR wrong, it shouldn't be pyramidying.

Wanted some opinions on how to pursue a claim for a back injury that I am service connected for and was given a 10% for L1 and 10% for partial paraliys of lower left extremity.still within NOD period. By regs all Ive been able to find is about and entitlement to 40% maybe 60% with the nerve damage to this injury. I am a little stumped on the muscle and nerve ratings. VA only mentioned connection for L1 from an older MRI I submitted but mentioned no others. Wanting opinions on course of actions and possible avenues to have my injury rated fairly. Specifics. Lumbar MRI disk dehydration lower thorasic spine. Notably L1-L2 and L3-4. Prominent Schmorl node herniation along inferion end plate L1 Small disk protrusion T11-T12 effacement of anterior CSF space and central canl space narrowing. Minor disk bulge L1-2 minimal narrowing proximal foramina L2-3 far right lateral disc protrusion into nerve root foramen contributing to a mild narrowing/stenosis of the right foramen at L2-3 L3-4 broad bulging disc mild face degenerative change. Significant central canal space narrowing suggesting mild aquired central stenosis. Mild stenosis right foramen. Small protrusion out laterally resulting in moderate stenosis of left forament likely some mass effect on the exiting left sided L3 nerve root. mulilevel degenerative disc disease of mild to moderate degree. Central disc protrusion at t-11-12 significant central canal space narrowing. Boderline mild central stenosis on degenerative basis L3-4. small protrusion out laterally on the left resuliting in moderate stenosis of the left foramen. likely mass effect on left side exiting L3 nerve root. small far right lateral disk protrusion L2-3 resulting in mild narrowing/stenosis of the right foramen at that level. mild to moderate mid throasic scoliosis curve to the right mild multilevel degerative disc disease tiny right paracentral disc protrusion suggested t5-6 and t6-7 mild disc dehydration upper, mid and very lower throsic spine. any info and opinions gladly welcomed

Well I went ahead and tried to use this feature, although, I have to state that I knew it was going to be problematic, I decided to give a go. Stay away. I tried to upload small files at first using a variety of stated supported files. Nope. A big no-go. The system would freeze up and stall out completely. I even tried uploading small files individually for the last few days. No-go. A few times the files loaded and when I would try to enter a new document it would erase the last. I think this is just a small smokescreen to try to give the VA a better image. A failed attempt to make it easier for veterans to file their claim for benefits. If it worked without problems I think it might be useful, however, given the direction the VA is trying to go, in my opinion, just my opinion, I think I would just do it the old fashioned way. It may be slower, however, your important information won't be lost in the digital black hole. I will try using this new system again, for the 6th time, but I have my stamps at the ready to mail in my claim. Just my experience so far folks.

Congratulations. A well deserved victory on this non forgiving battleground. Keep strong best wishes and good health.

Man I am so sorry to read about your situation. I have sleep apnea but it is hardly nothing compared to some of you guys severity. I use the Resmed Swift FX with a humidifier and it has worked wonders for me. I haven't swerved into the ditch on the way to work since using it. Heck my apnea is obstructive and I am at 6 events per hour with hypoapneas lasting 29 seconds with a desat of 87%. Compared to this post I thank my lucky stars, however, I'll share what has worked for me. I am fairly sure you have heard it before but I'm willing to give my experiences in the hope that maybe it might help. I have changed my diet completely. I don't drink sugared drinks. Don't eat late at night, past 7pm. Stopped drinking coffee and energy drinks and drink the amount of water recommended for my weight. I try to exercise every day, even if it's just a mild paced, limping walk around my 4 mile grid. I went on a RX diet pill to help with the weight loss as I can't exercise as vigorously as I need to. I try to routinely go to sleep at the same time every night even if I'm not tired. We are creatures of habit so eventually your body will get the hint. I use the CPAP with out fail, with the humidifier, as long as I don't fall asleep before I put it on. I use a nasal steroid, um Fluticasone Propionate, 2x's a day, once in the morning and once before I go to bed. Oh I also use a mouth guard at night. Also had my adenoids removed. I hope maybe something I have written down on here will help your situation. Good fortune to you.