paulstrgn

Sorry...making sure I am understanding correctly. Since the 12 weeks of incapacitating episodes can be related to my nerve issues it would be considered pyramiding. Is the 20% the highest I can have for my type of IVDS? Am I correct that I can also be rated for IVDS without the 12 weeks of incapacitating episodes based on lack of movements forward flexion? I am not sure if I would qualify under this part anyway, because depending on the day is how much I am able to move my back without pain. Any information provided is always appreciated.

I had posted this in the wrong location before so I apologize. I have an IVDS question. I am currently rated at 20% for Intervertebral disc syndrome and degenerative arthritis with scoliosis, spondyloarthropathy, and thoracolumbar strain 20% for left lower extremity radiculopathy affecting the femoral nerve 20% right lower extremity radiculopathy affecting the femoral nerve 20% for left lower extremity radiculopathy/sciatic and external popliteal nerves(previously rated as radiculopathy, left lower extremity (also claimed as nerve damage and nerve damage to the back)) 20% for right lower extremity radiculopathy/sciatic and external popliteal nerves (previously rated as radiculopathy, right lower extremity (also claimed as nerve damage and nerve damage to the back)). I had submitted a claim for increase for my IVDS to 60%, I had doctors letter for more than 12 weeks of incapacitating episodes. I received a decision denying my claim for the following reasons: Under the “Reason for Decision” it does mention the one doctor’s letter which excuses me from work (which was for 40+ days), that it is not the same as bed rest. An increased rating for IVDS requires prescribed bedrest. Regardless of whether work excuse is bedrest, it is to your benefit that IVDS with degenerative arthritis with scoliosis, spondyloarthropathy, and thoracolumbar strain be rated without reference to bedrest. The highest evaluation for IVDS is 60% and that I am currently rated at 20% for IVDS, 20% for left lower extremity radiculopathy/sciatic and external popliteal nerves, 20% for right lower extremity radiculopathy/sciatic and external popliteal nerves, 20% for right lower extremity radiculopathy affecting the femoral nerve and 20% for right (I am assuming they meant the left) lower extremity radiculopathy affecting the femoral nerve for a combined total of 70%. You cannot be separately evaluated for all of these conditions as a Veteran is not entitled to separate evaluations for conditions that cause similar symptomatology and affect the same body part. Assigning separate evaluations would be a violation of the CFR. Your current rating of IVDS without prescribed bedrest and the additional separate ratings for radiculopathy is the greater benefit. Is this considered pyramiding or am I entitled to both? If this is the incorrect way to ask the question please let me know. Thanks in advance for your assistance. Paul

I have an IVDS question. I am currently rated at 20% for Intervertebral disc syndrome and degenerative arthritis with scoliosis, spondyloarthropathy, and thoracolumbar strain 20% for left lower extremity radiculopathy affecting the femoral nerve 20% right lower extremity radiculopathy affecting the femoral nerve 20% for left lower extremity radiculopathy/sciatic and external popliteal nerves(previously rated as radiculopathy, left lower extremity (also claimed as nerve damage and nerve damage to the back)) 20% for right lower extremity radiculopathy/sciatic and external popliteal nerves (previously rated as radiculopathy, right lower extremity (also claimed as nerve damage and nerve damage to the back)). I had submitted a claim for increase for my IVDS to 60%, I had doctors letter for more than 12 weeks of incapacitating episodes. I received a decision denying my claim for the following reasons: Under the “Reason for Decision” it does mention the one doctor’s letter which excuses me from work (which was for 40+ days), that it is not the same as bed rest. An increased rating for IVDS requires prescribed bedrest. Regardless of whether work excuse is bedrest, it is to your benefit that IVDS with degenerative arthritis with scoliosis, spondyloarthropathy, and thoracolumbar strain be rated without reference to bedrest. The highest evaluation for IVDS is 60% and that I am currently rated at 20% for IVDS, 20% for left lower extremity radiculopathy/sciatic and external popliteal nerves, 20% for right lower extremity radiculopathy/sciatic and external popliteal nerves, 20% for right lower extremity radiculopathy affecting the femoral nerve and 20% for right (I am assuming they meant the left) lower extremity radiculopathy affecting the femoral nerve for a combined total of 70%. You cannot be separately evaluated for all of these conditions as a Veteran is not entitled to separate evaluations for conditions that cause similar symptomatology and affect the same body part. Assigning separate evaluations would be a violation of the CFR. Your current rating of IVDS without prescribed bedrest and the additional separate ratings for radiculopathy is the greater benefit. Is this considered pyramiding or am I entitled to both? If this is the incorrect way to ask the question please let me know. Thanks in advance for your assistance. Paul

I got my letter from IMO, in the letter he stated I had prehypertension while in the military, that my records showed I had gone in for fatigue, and that my ex-wife had complained about my heavy snoring while in the military. He also stated that even though I was only recently diagnosed with SA in 2015 which was 20 years after I retired. He finished the letter that with the conditions he mentioned in the letter that more likely than not I had SA while in the military with the conditions mentioned in his letter. I will submit this his letter along with the wife from my ex-wife as well as a letter from my daughter basically stated how the ex-wife complained about me snoring all night long. I am also submitting a letter from my housekeeper when I worked in Moscow just a few years ago. She also complained about my snoring being so loud and she was down the hall in her own room. I am not sure how the VA will rate whether or not the SA is SC, I guess I will find out soon enough. I just wanted to give an update and as soon as I hear from the VA I will post the results here.

I am in the same boat as everyone else. Unless SA in diagnosed while still in the service it seems next to impossible to get approved. I will see the doctor next Tuesday to see if he agrees that the pain I have from my SC scoliosis is more likely than not a cause to my SA. I will give an update after Tuesdays visit, I just hope I will have a positive update. Going through the VA claim process is very challenging to say the least.

Buck, I am like many military members that seem to have had SA while in the military it is just that back then it was not being diagnosed. I will share whatever happens with my SA claim. I have been researching online and feel that my SA may be connected to my scoliosis, more because of pain than the lower spine itself. I saw a private sleep specialist who had diagnosed me with my SA. I am hoping to be able to talk with him next week to see what he says. Thanks, Paul

Berta, Thank you for responding I do appreciate it. Paul

I am happy to see we have the same computer skills

Thanks I will. I am not sure what the doctor will say when I ask him as to whether or not my Scoliosis contributed to my SA. Thanks

Hi Andy, I tried to send Berta a message and it says she cannot receive any. Do you know what I may be doing wrong? Thanks, Paul

Andy, Thank you for your advice. Once I receive my notice in a few days I will reach out to those you mentioned for advice and help. Thanks, Paul

Just wanted to say I have not forgot to upload my denial letter. This is my first claim with the VA and I don't believe I got the full denial package. They just finished the deferral rating of my right hand and was told the package went out today and I should receive it in about 5 business days. Once I get that package I will have a better idea what the reasons for the denial of SA. I am also having a challenging time understanding some of the acronyms, I am hoping I will learn these soon enough. I am learning a lot from these post from what others are saying. I went today for pain management and asked the doctors if my SA could be caused in part by my scoliosis and they said it could be caused from the pain I am having. So I will contact my SA doctor tomorrow and see if he will see me again and write a statement to the affect that my SA more likely than not was caused from the pain (nerve pain) I am experiencing from my scoliosis. If he does I can also tie my hypertension in as well. I just wanted to give an update and appreciate any and all advice. Paul

You are correct, I misread the articles about sleep apnea and hypertension it was as you said Drillserg63. I will post a redacted copy of my denial letter next week. It was a private doctor the diagnosed my sleep apnea on 10/5/2015. I never realized what was causing me to be so tired when I woke up and my fatigue. It was a non VA doctor who diagnosed me for my sleep apnea he is Board Certified Specialty: Pulmonary Disease, Critical Care Medicine, Internal Medicine, Sleep Medicine. I had pre-hypertension in the military and was diagnosed with hypertension in 1997. The letter is being written by my ex-wife so she will not benefit form this in anyway. Unfortunately there is nothing for fatigue on my SMR other than when I was diagnosed with pneumonia in 1991. Yes I have gained weight since I retired, I am male, now 58, I do not drink much, I am not sure what side affects my medications may cause (I will have to check). I do not have PTSD. Thanks for the input.

I am hoping that the military doctor will write it in my medical records that my SA is caused by my scoliosis. I have also read that hypertension also causes SA. I am lucky since I am retired Air Force and have the privilege to see military doctors. I have found that most are willing to help write the documentation (if it is truly connected). I appreciate the advice and input.

I do have a sleep study which I had submitted with my initial claim. I will speak to my doctors to see what they say. Is it better to see a VA doctor for this or a military doctor? Just curious, I have never been to the VA as of yet.

I am new to this site and I will apologize ahead of time incase my question seems pretty basic. I was recently denied sleep apnea and hypertension as not being service connected. I will only ask about my sleep apnea at this time. I was recently diagnosed with sleep apnea (I retired from the military in 1995). I use to snore very loud while in the military according to my ex-wife. My question is will a statement from my ex-wife be enough to justify my sleep apnea? I was also given a service connected rating for my scoliosis of 20%, I have read online that spine problems can cause sleep apnea. Do you feel that between a statement from my ex-wife and the problems I have had with my spine would be enough to receive a rating for sleep apnea? Any suggestions on anything else I should add to the appeal? Thanks in advance for your advice.