Hello,
Thank you for allowing me to post on this forum. I have a lot going on but I will try to keep it short.
In 2014 my degenerative disc claim was denied, I didnt appeal because I was dumb and didnt know what I was doing.
Fast forward to 2018 I go the VA attorney route (who have been fantastic). They refiled a lost of claims and I was finally given a combined rating of 40%. Nothing really changed except maybe the range of motion test.
I recently reinjured my service connected back issue and begged for an MRI because after 12 years of pain, I wanted answers rather than another xray and an okay you're fine.
I got the MRI and it showed two bulging discs and some sort of tear. Went to the specialist and next thing I know I am slated for surgery.
After the surgery (July 10th) the notes mention significant stenosis, and herniation. I have requested my convalescence pay which is pending.
So here are my questions...
2014 was denied because proper tests were not done to diagnose the issue, I missed out of 4 years of treatment and pay because of this. Can I appeal back to 2014 rather than the 2018 rating?
I ended up having a discectomy, laminectomy, and fusion at L5-S1 along with disc cleanup on 4 other vertebrae. Should I use this on my current appeal? Or should I file a list of new claims from what the latest diagnosis showed?
I need a new C&P because I know I lost mobility and I believe the range of motion will be less.
Now that I have been treated for stenosis can I, or should I file for stenosis disability?
I appreciate your time and apologize for any dumb questions, just really confused at the moment.
Justin