Not long ago I filed for a disability increase on my lower back injury. I have gone over a year with out any type of relief, one VA doctor in the ER told me I was a junkie just looking for drugs. Hmm mm then refused treatment to me, I have had a pain scale of 10 and the only way I could get the VA to do any type of treatments was to go through Senator Lindsey Graham of South Carolina and finally the VA farmed me out to a civilian doctor for pain injections.
Now lets get to my questions:
I requested a second C&P exam on both exams they left out key information
A. I use assisted device called a cane to help not fall due to the left side giving out and numbness in the
right leg.
B. Incontinence need I say more.
C. This is from my C&P exam: Does the Veteran report flare-ups of the thoracolumbar spine (back)?
[ ] Yes [X] No
I am and had been in a flare up with a pain scale of 10 for over a year. Confused.
D. Is there objective evidence of localized tenderness or pain on palpation
of the joints or associated soft tissue of the thoracolumbar spine
(back)?
[X] Yes [ ] No
If yes, describe including location, severity and relationship to
condition(s):
tenderness along spine, likely due to fibromyalgia
I have in my spine alone and all noted on my problem list in medical file: arthritis, chronic low back pain, unsteady gait, lumb/lumbosac dis degen disease, obesity depression, low back pain.
I was diagnosed about a year a ago with fibromyalgia I can tell the difference in my back and fibro pain.
Is the Veteran being examined immediately after repetitive use over time?
[ ] Yes [X] No
If the examination is not being conducted immediately after
repetitive use over time.
[X] The examination is neither medically consistent or inconsistent
with the Veteran's statements describing functional loss
with
repetitive use over time.
Does pain, weakness, fatigability or incoordination significantly limit
functional ability with repeated use over a period of time?
[ ] Yes [ ] No [X] Unable to say w/o mere speculation
If unable to say w/o mere speculation, please explain:
Unable to distinguish symptoms from lumbar strain/arthritis and fibromyalgia.
Does the Veteran have any other neurologic abnormalities or findings related
to a thoracolumbar spine (back) condition (such as bowel or bladder
problems/pathologic reflexes)?
[ ] Yes [X] No
This is in my medical records and he asked this question, actually in both C&P exams.
Does the Veteran's thoracolumbar spine (back) condition impact on his or
her
ability to work?
[ ] Yes [X] No
Previously in exam: Does the Veteran report having any functional loss or functional
impairment of the thoracolumbar spine (back) (regardless of repetitive use)?
[X] Yes [ ] No
If yes, document the Veteran's description of functional loss or
functional impairment in his or her own words.
Can stand for about 1 hour and walk about a mile.
So I am refiling with every problem area listed above, my depression is based on the constant pain in my back, fibromyalgia can date back to the back injury, however, can cause feelings of anxiety and depression, which may worsen fibromyalgia symptoms. I also have sleep apenea.
Ok, I can't sleep because of the pain average 4 hours a night, I am depressed due to pain lack of sleep feeling anxious due to the pain, lack of sleep, depressed and the fibromyalgia, I am unable to sit or stand for any length of time that just leaning back in a chair or car seat is very painful in my back.
What are your thoughts should I refile and take my doctors notes and highlight the areas in my medical record and force the C&P board to reevaluate?
I am confused on the above but also I came into possession of a letter with a person with the exact same problems and received 100% disability, so I asked Senator Grahams office and the VA office where McDonald's office is located if this was discrimination? Still do not have a response. Should I attach this letter from the VA to my records and notes?
Thanks for your help.