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willie 74
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Posts posted by willie 74
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If you meet the criteria for a percentage you can ask for that percentage when you file you claim (ie., reguest back condition at 40%, urinary incontenince at 20%, painful scare at 10%...). When you ask like that, they have to justify not giving it to you at that rate!
And how do I know what to claim, is there a questioneer? I have and continue to keep records of everything.
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If you meet the criteria for a percentage you can ask for that percentage when you file you claim (ie., reguest back condition at 40%, urinary incontenince at 20%, painful scare at 10%...). When you ask like that, they have to justify not giving it to you at that rate!
How do I know at what percentage I fall under? I mean dont the VA decides that right?
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Since there are so many claims for spinal conditions, I'm making an attempt to put everything in one thread. Tbird...could possibly pin this so it can be easily found?
Here are the rating codes/criteria found in 38 CFR 4.71(a):
The Spine
Rating
General Rating Formula for Diseases and Injuries of the Spine
(For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating
Intervertebral Disc Syndrome Based on Incapacitating Episodes):
With or without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease
Unfavorable ankylosis of the entire spine 100
Unfavorable ankylosis of the entire thoracolumbar spine 50
Unfavorable ankylosis of the entire cervical spine; or, forward flexion
of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of
the entire thoracolumbar spine 40
Forward flexion of the cervical spine 15 degrees or less; or, favorable
ankylosis of the entire cervical spine 30
Forward flexion of the thoracolumbar spine greater than 30 degrees but not
greater than 60 degrees; or, forward flexion of the cervical spine greater
than 15 degrees but not greater than 30 degrees; or, the combined range of
motion of the thoracolumbar spine not greater than 120 degrees; or, the
combined range of motion of the cervical spine not greater than 170 degrees;
or, muscle spasm or guarding severe enough to result in an abnormal gait
or abnormal spinal contour such as scoliosis, reversed lordosis, or
abnormal kyphosis 20
Forward flexion of the thoracolumbar spine greater than 60 degrees but not
greater than 85 degrees; or, forward flexion of the cervical spine greater than
30 degrees but not greater than 40 degrees; or, combined range of motion of
the thoracolumbar spine greater than 120 degrees but not greater than 235
degrees; or, combined range of motion of the cervical spine greater than
170 degrees but not greater than 335 degrees; or, muscle spasm, guarding,
or localized tenderness not resulting in abnormal gait or abnormal spinal
contour; or, vertebral body fracture with loss of 50 percent or more of the
height 10
Note (1): Evaluate any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, separately, under an appropriate diagnostic code.
Note (2): (See also Plate V.) For VA compensation purposes, normal forward flexion of the cervical spine is zero to 45 degrees, extension is zero to 45 degrees, left and right lateral flexion are zero to 45 degrees, and left and right lateral rotation are zero to 80 degrees. Normal forward flexion of the thoracolumbar spine is zero to 90 degrees, extension is zero to 30 degrees, left and right lateral flexion are zero to 30 degrees, and left and right lateral rotation are zero to 30 degrees. The combined range of motion refers to the sum of the range of forward flexion, extension, left and right lateral flexion, and left and right rotation. The normal combined range of motion of the cervical spine is 340 degrees and of the thoracolumbar spine is 240 degrees. The normal ranges of motion for each component of spinal motion provided in this note are the maximum that can be used for calculation of the combined range of motion.
Note (3): In exceptional cases, an examiner may state that because of age, body habitus, neurologic disease, or other factors not the result of disease or injury of the spine, the range of motion of the spine in a particular individual should be considered normal for that individual, even though it does not conform to the normal range of motion stated in Note (2). Provided that the examiner supplies an explanation, the examiner's assessment that the range of motion is normal for that individual will be accepted.
Note (4): Round each range of motion measurement to the nearest five degrees.
Note (5): For VA compensation purposes, unfavorable ankylosis is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: difficulty walking because of a limited line of vision; restricted opening of the mouth and chewing; breathing limited to diaphragmatic respiration; gastrointestinal symptoms due to pressure of the costal margin on the abdomen; dyspnea or dysphagia; atlantoaxial or cervical subluxation or dislocation; or neurologic symptoms due to nerve root stretching. Fixation of a spinal segment in neutral position (zero degrees) always represents favorable ankylosis.
Note (6): Separately evaluate disability of the thoracolumbar and cervical spine segments, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability.
5235 Vertebral fracture or dislocation
5236 Sacroiliac injury and weakness
5237 Lumbosacral or cervical strain
5238 Spinal stenosis
5239 Spondylolisthesis or segmental instability
5240 Ankylosing spondylitis
5241 Spinal fusion
5242 Degenerative arthritis of the spine (see also diagnostic code 5003)
5243 Intervertebral disc syndrome
Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher evaluation when all disabilities are combined under
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Ok, so in 07 I started having back pain and finally had a MRI. Findings were herinated disk L5-S1. After several steroid injections, nothing helped. A year later my disk collasped and I decided have a disk fusion. So had the fusion and now a year later I am having pain going down my thigh to my heel. I am currently active duty and I was affraid of getting med boarded out. I have a friend who works for the VA, and so I gave her my medical records to just have someone to give me an estimate on a disability percentage just in case I get boarded out. She said it would only be around 10 percent. This was not documented, just a favor for a friend. I have not been a doc to measure my flexability which I know play's a role in all this.
Well I am still active, but now with the pain radiating down my leg: I am having issues with my bladder and I will be seeing a nueologist very soon. If I am understanding this correctly from what my doc say's this can be cuased from my surgery. I have everything documented, and even got a permanate waiver from the docter stating that I cannot take part of the sit and reach portion of the physical fitnesss test due to my loss of flexibility. I guess I am just a little confused. I mean if I get out do I go see a VA doc to measure my flexability? Is that when I claim things? I am reading everyone's post but still somewhat confused about the process. Any and all help would be greatly appreciated. Thanks....
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New to the site and I am learning a great deal. I am curently active duty and had disk fusion surgery on my L5-S1 back last year. Ofcourse everything is being documented, but know I am having Bladder issues. Going to see the nuerologist next week. I am reading about other people's expiriences and it is somewhat of a scary thing thinking about applying for disability if I have to get out. So I understand things are based off of range of motion and such. If my bladder issues are diagnosed as something from my back as well; off everyones expirience what kind of rating do you think I would see. I mean I know it is based off of so many things. Just wondering if anyone could give me some type of feedback. Thank you..
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Hello to All !
I was referred to this site by a member "shelley" and I'm thrilled to see so much valuable information in one place!! I'm basically trying to learn as much as possible before I am discharged from the Army so I can get the benefits I'm entitled to.
A little about my condition: I returned from OIF3 and started having extreme back problems. After an x-ray and MRI, it was decided that I could benefit from an L-5 S-1 fusion and disc replacement. I decided to have the surgery, which wasn't as beneficial as I hoped. I'm still having major back issues and the Army has decided to initiate a MEB. That is the point where I am at now.
If anyone has gone through a similar journey while in the Army, any information or tips that would be helpful would be greatly appreciated! I've been doing as much research as I can on all the processes and guideline for the MEB/PEB and VA claims etc., but getting info from people who have actually been through the process and system would probably benefit me much much more. Thank You for taking the time to read my introdution, and thank you ALL for helping the people on this site who are truely deserving of a helping hand!
SGT Z
US Army, Ft. Stewart, GA
SGT Z, I am in just about the same boat and seaching for info as well. I will do my best to get as much info to you that you may not know which at this point is not that much. Just keep your head up and keep reading post by members on this site. Best luck to you..
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Hello to All !
I was referred to this site by a member "shelley" and I'm thrilled to see so much valuable information in one place!! I'm basically trying to learn as much as possible before I am discharged from the Army so I can get the benefits I'm entitled to.
A little about my condition: I returned from OIF3 and started having extreme back problems. After an x-ray and MRI, it was decided that I could benefit from an L-5 S-1 fusion and disc replacement. I decided to have the surgery, which wasn't as beneficial as I hoped. I'm still having major back issues and the Army has decided to initiate a MEB. That is the point where I am at now.
If anyone has gone through a similar journey while in the Army, any information or tips that would be helpful would be greatly appreciated! I've been doing as much research as I can on all the processes and guideline for the MEB/PEB and VA claims etc., but getting info from people who have actually been through the process and system would probably benefit me much much more. Thank You for taking the time to read my introdution, and thank you ALL for helping the people on this site who are truely deserving of a helping hand!
SGT Z
US Army, Ft. Stewart, GA
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Hello, I am new and cant find the forum concerning spine issue's and claims. I had a spinal fusion on L5-S1 and I am currently still active duty. I might be getting out soon and would like to read some info that people have posted. I am sure there is several great info in here, just need a sign to get there. Thanks
Fusion L5-s1
in VA Disability Claims Research
Posted
Thank you very much for the info, I see you add alot to help fellow vetrens. I should be seeing someone this week concerning bladder issue's. It has got worse as time progressed so hoping for the best out come. I will let you know what they say.