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Rivet62

Second Class Petty Officers
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Everything posted by Rivet62

  1. Rivet62
    Good advice, I think. VA is making me submit a new claim for my C-spine because they combined all sections of my back by error. Even though I know they have all the images and old reports (2016), I am adding to that with current images and reports, and I'm citing the records that caused them to combine my C-spine in the first place.
  2. Rivet62
    Plus, it's friendly here. Not a minefield.
  3. Rivet62
    Yes. Thank you. I will keep plugging. Did you have hypertension in service?
  4. Rivet62
    Exactly. Especially when it is an issue that caused a great deal of pain in one's life, and remains an open issue after all these years.
  5. Rivet62
    Hi ArNG11, Now, I do think they are trying to rate it separately. Read my response to Broncovet because the answer is in my service medical records. They are trying to rate it separately. I'll continue following the compressed nerves path over time for SMC criteria because I know I'll need that. It's getting worse.
  6. Rivet62
    Well guess what. I think I found the answer. Yes, your Option #1 is the best way to approach it. Now, I do think they are trying to rate it separately. I'm going post an answer to my own question, and answer others here with the added to clarity, because the answer is in my service medical records. They are trying to rate it separately, because the evidence is in my service medical record. They goofed by combining the entire spine, but evidence of the entire spine is in my service medical record by the term "muscular pain of the back," said frequently in all the light-duty records (I had more than one). Low back pain specifically was only stated on the discharge examination. Light duty orders were from Ortho at the base hospital. On my service entry examination (I was so young then, just turned 17) I had check-marked no back pain because I had no back pain. All things considered, I believe they are trying to rate me separately for C-spine and they need VA Form 21-526EZ to do so, as a separate claim. My VA letter asking for the claim submission for C-Spine states they need that form to begin processing the claim. Sure, they could deny it but if I cite my in-service medical record of that treatment together with the same current medical records that gave me the nexus in the first place then the chances are strong that they'll rate it separately, I hope.
  7. Rivet62
    Now, I do think they are trying to rate it separately. I'm going post an answer to my own question, and answer Broncovet because the answer is in my service medical records.
  8. Rivet62
    I think I'll just comply with VAs request, since combining the C-spine and Lumbar was the error I can't correct.
  9. Rivet62
    Me too. I forgot to add that.
  10. Rivet62
    I edited my comment to include VA's request for a C-spine claim submission.
  11. Rivet62
    Yeah in the original decision they simply called it DDD. This is their words in the original decision: "Service connection for degenerative disc disease (claimed scoliosis, compressed nerve C3-4, C5-6, L2, L4-5) is granted with an evaluation of 10 percent effective August 19, 2016" Now in the SOC that's gone and it now reads: "We have assigned a 10 percent evaluation for your thoracolumbar spine based on: 38 CFR Section 4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion of the thoracolumbar spine, the minimal compensable rating is assigned. Additional symptom(s) include: Range of motion within normal limits X-ray evidence of arthritis" See? Once again I'm up against the range of motion criteria of 2018. I have to respond to this somehow. Based on what my recent physical therapy observes it should be at 20% Sc'd. I don't know how to respond to this part of things. Supplemental claim? About the C-spine, the RO letter says file a claim. A new claim? Hold on... I need to find the letter to state exactly what that says. It says "Please submit a separate claim application for claimed cervical spine condition. VA regulations require all claims to be submitted on a standardized form. bla bla bla... In order for us to begin processing your claim for compensation, you must complete, sign, and return VA Form 21-526EZ..." The RO was in error to combine it all in the first place. Now it says I should file VA Form 21-526EZ for C spine. I think I'll just go ahead and file the claim without further evidence, since they granted it before.
  12. Rivet62
    Ok. It may not be an uphill battle. All they can do is deny it.
  13. Rivet62
    I hope so. It appears they service connected it before, but for things to be correct I have to file a claim I guess.
  14. Rivet62
    But I have to prove the nexus, right? It's a brand new claim it appears.
  15. Rivet62
    It sounds like I need to try to establish service connection on the C spine.
  16. Rivet62
    I think I'll follow your advice. Wow.
  17. Rivet62
    Wel,l I have attempted to put everything in the Remarks section. The font size is no smaller than their info blocks on the form. I'm hoping it works ok. I wish I could just upload the TDIU form in eBenefits as a PDF, and that way I don't have to worry about illegible fax on the small font I used in the Remarks section. Shouldn't I be able to upload it into eBenefits? Anyway, I see the VSO this Monday and I'll talk to him about uploading in eBenefits.
  18. Rivet62
    I had an original rating of 10% for DDD of my entire spine. Now on my SOC they have combined the DDD lumber and DDD thoracic as 10%, and now I just received a letter from the RO that they are asking me to file a brand new claim for cervical. It seems they want to question SC for cervical. Well the lumbar is most definitely SC, and the thoracic they SC'd because the back is the back (I carried too much weight in the service). Why are they asking me to file a new claim for cervical? Is it to deny me SC for cervical? BTW, before the SOC I was at 84% actual, and now by magic I'm 82% actual.
  19. Rivet62
    I'm going to insist that all future C&P exams be done at the VA.
  20. Rivet62
    Well I've seen them hanging on walls everywhere, but I'm convinced they're decoration only. I have had a bear of a time getting proper measured ROM tests.
  21. Rivet62
    excellent
  22. Rivet62
    Ahh...so that's why my lumbar records now show spondylosis(?) and stenosis. But that diagnosis came from my new primary care doctor who looked though all my records, including the most recent one with the anesthesiologist. I have a great primary care doctor now. She's cutting through the crap.
  23. Rivet62
    Ahh...,maybe that's why the anesthesiologist (for epidural nerve block) sent me to a personality profile test. I think my back is more complicated than the L5 nerve the anesthesiologist was addressing though. And, not to down him too much, he did verify my lower right radiculopathy. In any case, in the results of my psycho test the psychologist said bla bla bla (refuting me somewhat...I think) and then he wrote OR the patient may be crying for help (Well yeah I'm trying to get pain addressed and you guys are ducking out). Instead of playing games --treat my pain, and if you can't treat my pain be straight forward...and if you're too lazy to explore why there's pain, then be straight forward, don't reach for the "it's all in the patient's head"...at least that's how I feel about it. It seems I get more bla bla bla about my pain complaints and less 'lets do something real about it.' Finally they are finally zeroing in on what it actually is, but it has taken quite a while. I would say it has taken me 7 years to boldly go to where no man has gone before (my thoracic spine). Literally. I would complain about my thoracic and I could watch the eyes drift down to lumbar, this for 7 years. Well now finally I'm rated for DDD on the thoracic I don't know if there's compressed nerves there, and they don't either. I'll have to pull the donkey a bit harder, and I hope it doesn't take years to find out.
  24. Rivet62
    Is that possible, I wonder with a TDIU claim, where the TDIU form was never filed but the evidence was before the RO in my medical record??
  25. Rivet62
    Ok on the nerves... I need to get clear on the straight leg test. I'll search that. But I actually couldn't raise my leg. Waddell's sign. I'll search that too.
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