dav_marine72

Hi All, I am 30% service connected for adjustment disorder secondary to my back. My back is only 20% ortho, and 10% neuro. The back is at the appeals court and based on my symptoms someday I should get 60% or 40% and 40%. The question here is they rated me as adjustment disorder for the mental and stated that the rating was temporary because I was likely to get better in the future. I guess that because they believe 3 levels of collapsed discs somehow heal themselves. Anyway I applied for depression and they gave me adjustment disorder. In addition to depression I have daily panic attacks and suffer from anxiety. I am on appeal for the 30% but can they just lump me as adjustment disorder or should I be getting multiple ratings? Isn't depression technically a different aliment than panic attacks and anxiety? As far as the back goes, I had surgery in 2000 on two levels. The surgery failed and I am 200% worse. One of the problems I am having is scar tissue that has entrapped the nerves at the two levels (this is well documented by my pain clinic doctor in multiple documents all in the VA’s possession). The scar tissue is directly from the surgery. Now they service connected for from July 2000 on because that’s when I went after it. The surgery was in Jan. 2000. From my ratings above should I rate anything for the scarring or do they consider the 20% + 10% as compensating for the scarring too? Now mind you I am service connected for a back disability, involving lumbar strain and degenerative disc disease and neurologic manifestations of the veteran's low back disability that are no more than mild in degree. Thanks for your time.

Hi Jim Mac, Stay motivated. One of my main issues is my back. They originally rated me 20% in 2000 and I ahve been fighting them since. I got an extra 10% (big nothing) at the BVA for neurological effects from it. Now I'm at the U.S. appeals court. Based on my symptoms and treatment my lawyer (free at U.S. appeals) says I should be either 60% or 40% ortho and 40% neurological. If you would like some angles let me know what your current back state is. Email me if you don't want to post here.

Hi Everyone, I was asked how I received secondary hypertension to my service connected back in a previous post I had. I figured I'd post it here to inform others. I was diagnosed with three levels of disc decease including two collapsed discs with chronic pain since 1997. I had finished my tour in the Marines in 95 so I had to fight for service connection of my back (which I won after in 2000 DAV told me I had no chance). Anyway 1997 was when the back pain first started and my first CAT scan was done. About the same time my blood pressure became mid-high blood pressure. After getting service connected for my back in 2001 (after failed two levels of discectomy and laminectomies) I went after the VA for my blood pressure. There was a note placed in my civilian PCP medical records about high blood pressure due to chronic back pain. After fighting the VA for four years they service connected me secondary to my back pain. They of course awarded me 0% which is still on appeal. They figure because my blood pressure is normal now I don't rate the 10%. It's amazing what blood thinning medical, tranquilizers, anti-anxiety pills, and pain killers can do to lower your blood pressure ;)

Here is the link to my BVA case: http://www.va.gov/vetapp08/files1/0808584.txt They gave me adjustment disorder for the depression / anxiety / panic attacks

I agree with conecuh. I did just about everything myself. I still work and should get 90% at some point. Anyway I am a security expert in the IT field. The problem is not the technology; it's the friends they give the contracts to. The VA system could run relatively smooth from an information stance if a company that wanted to make it work got the contract. Encryption is strong enough today that Vets would not need to worry about privacy within the system. The worry would be the humans that run the system. These companies want their solutions to fail so more of their friends can come in and make money. Oh and don't forgot it's also so claims don't get decided quickly. That would be a big hit to their budgets. Mike, CISSP, CISA, CEH, CCNA, MCSE Disabled Devil Dog 91-95

Hi Berta, The VA never addressed anything from Dr. Bash. I think they stated once that one of their doctors had a different opinion and that negated his opinion. Either way they hardly mentioned anything he ever said. My claim is split right now. My back, testicle, right and left feet are at the U.S. Veterans Appeals court. My adjustment disorder, asthma, high blood pressure, and eczema are on appeal at the local Hartford office. Honestly I could get any of my doctors to write me a letter stating I can't work. Most of them are amazed that I work. The problem is I am married with three children. I can't live on the $1400 a month until 100% would kick in. As far as the rehab goes I have a good job. I am in the IT security field. I realize I am probably better off than most. However, I'm not sure how long I can band aid myself together with oxycodene and tranquilizers. My lawyer feels confident about the U.S. court. Her last name doesn't begin with what you said thankfully. I'm not sure what to do.

Thanks for the postings everyone. I did have a hearing at the local office in 2004 for the back etc. I sat there and talked with a woman from the VA that actually made a comment "they went out of their way to give you the lowest possible ratings". Everything sounded good, like I was going to get some proper ratings. Then I get the DRO decision and every increase was denied. I don't know if I trust bringing this back to Hartford, CT. I don't anyone with the VA period. I have what I thought was tons of evidence. All the documentation from pain clinic doctor who gives nerve blocks, pain killers, he stated three levels are unstable and scar tissue from the surgery is intrapped, dr. Bash (some of you might know him) wrote me two letters, letter from physical therapist with orthopedic / neurological findings on exams, letters from multiple surgeons stating nerve / leg issues, three levels blown, recommending spine stimulator, no surgery available to fix. Seems to stack up to move than 20%. Does anyone know what happens if the BVA decisions are reversed? Does that mean the BVA has to give me higher ratings? Or another year or two to get nothing?

Hi Everyone, I am a DAV who served in the Marines 91-95. I have been on appeal since 2000 and recently received what I consider a lost BVA decision. Here is my story: back 20% (on appeal) neurological legs 10% (from back) (only thing I recieved from BVA) adjustment disorder for back 30% (on appeal) asthma 30% (on appeal) right foot fracture 10% (on appeal) left foot fracture 0% chronic right testicle pain 0% high blood pressure (second to back pain) 0% eczema 0% The BVA looked at my back, right and left foot, and chronic testicle pain which have been on appeal since 2000. I currently have three levels of degenerative disk decease. I had an operation on two levels in 2000 (laminectomy and discectomy) which failed. I can't stand or sit very long. I am in severe pain constantly. I take OXI 4 times a day. I have multiple panic and anxiety attacks daily which I take Ativan and buspar for. I can barely hold my children. I get nerve blocks done about six times a year without any relief. My pain doctor wants to try a spinal stimulator on me. No surgeon will touch me again (8 or 9 didn't want to in 2000). My leg pain is severe and I limp most of the time. So the BVA decides 20% compensates me for my back. They did throw in 10% for the legs. Since I was already 74.x the 10% did nothing for me. I know have a lawyer at the U.S. court of appeals who thinks she can reverse all four decisions. So I sit and wait. My asthma, mental, high blood pressure, and eczema all sit still at the regional office since 2002. I have a feeling these will be all headed down to the BVA soon. I can only get 10K of life insurance for my family from the VA. I have been turned down four times from four different companies because of the asthma, mental, and pain killers. Yet I still get up on most days and go to work. The Marine in me and I guess my family keep me going. I can't afford to wait for 100% which I know I could get if I played it right. I am driving my wife insane because she has to do all the work around the house. Any comments, questions to resolve this crap or anything at all would be appreciated.