Vync

Hey everyone, I sent off my updated claim evidence last week, but while going through my service medical records, I found something interesting that might be helpful to everyone. Some of the papers were double-sided containing separate instances of medical care. During my re-review, I found three additional instances where I was treated for my lower back. Also, I pulled up my entrance and exit medical exams. My entrance exam shows no indication of back problems. My exit exam indicates "hx of lower back pain". I plan to get copies of these into the mail asap.

Congratulations!

Any additional feedback on this would be greatly appreciated!

Others may be able to provide more helpful information, but I am SC for it. They did a CAT scan and found I had 90% blockage on one side and significant blockage on the other, coupled with polyps too. Having service medical records was a big help, as I had medical proof of a nose injury during training that was treated while I was on AD. I don't know the criteria they used, as I was granted SC quite a few years ago.

Any info, opinion, interpretation on this is greatly appreciated. Thanks

That's good info from everyone. I think I had indicated that I had the problems when I went on AD, but will have to dig through and check, but I never indicated the extent. I find it crazy that the VA puts you through the meatgrinder and they have strict guidelines to qualify someone for a percentage, but they can magically generate a "reduction" number out of thin air without any strict measurements. Also, visiting the RO to view my records sounds like a good idea. I am going to call them and see about making an appointment to to that.

Here is the breakdown of my 40% SC rating: 1. 10% asthma bronchiole (claimed as asthma) 2. 30% allergic rhinitis/sinusitis (reduced by 10% because the VA says I had a 10% pre-service disability) 3. 10% chronic allergic conjunctivitis, bilateral 4. 10% internal derangement of the right temporomandibular joint I posted on another topic about the pre-service disability rating and asking about getting it 'corrected'. Here is the meaty text from my back problem SC denial letter. As always, any feedback is greatly appreciated. We determined that the following condition(s) was/were not related to your military service, so service connection remains denied: back disability 0%. Decision The previous denial of service connection for back disability (also claimed as upper and lower back condition) is confirmed and continued. Evidence (I am paraphrasing) - Service treatment records - ER treatment records - Orthopedic treatment records - MRI report - Epidural pain block treatment records - Neurologist treatment records Reasons for Decision The claim for service connection for back disability (also claimed as upper and lower back condition) is considered reopened. However, the evidence continues to show this condition was not incurred in or aggravated by military service. The service treatment records were considered in deciding your claim. Private medical records show you have been diagnosed with degenerative disc disease and chronic low back pain with lumbar disc displacement. You have received lumbar epidural steroid injections. Based on this information, can anyone please offer opinions on where I went wrong?

After reading a bunch of forums here, I decided to re-read my original SC award letter. I found that the VA actually reduced a 30% rating by 10% because they say I had a 10% pre-service disability. I would like to know if it would be worth the effort to 'correct' this problem. I am 40% SC, but here is the breakdown of my SC conditions: 1. 10% asthma bronchiole (claimed as asthma) 2. 30% allergic rhinitis/sinusitis (reduced by 10% because the VA says I had a 10% pre-service disability) 3. 10% chronic allergic conjunctivitis, bilateral 4. 10% internal derangement of the right temporomandibular joint Pre-service disability? On my award letter, for number two it says, "Prior to service, the disability is considered 10 percent disabling, based on evidence that showed he always had problems of recurrent rhinitis. Following military discharge, the disability is 30 percent disabling which is the maximum evaluation for allergic rhinitis, because evidence now shows septal deviation and nasal polyps not shown on the veteran's entrance examination. The preservice percentage is always deducted before assigning any service-connected evaluation less than 100 percent. This condition is evaluated as 20 percent disabling." Here is where it gets wierd. On my award letter, for number one it says, "In the doctor's opinion, the veteran obviously had allergic problems before entering the service which got worse during service implied by development of asthma in 1991." Questions: 1. If I had both conditions prior to service, how could they determine a percentage of a pre-service disability percentage without examining me? 2. Can I get this 10% reduction corrected? 3. What do I do now? Thanks in advance! V

Hey Reinstone, Definitely stick with the VA claim. The first time I filed, they flat out denied everything, which seems to be SOP for the VA. I am also SC for asthma and allergic rhinitis (i.e. allergies) and take a lot of similar medication as you. Part of my second C&P exam involved a PFT (pulmonary function tests, i.e. blowing into the little tube to see how much air you can push with a deep breath), hooked me up to a treadmill and had me breathe into a hose, and some allergy skin tests. Check with your doctor about being tested while on and off your medication. In my case, being tested while doing my best to control my asthma without medication helped. During the C&P exam, they administered some medication to me and my breathing significantly improved. Definitely check with your doctor first instead of trying this on your own, because you obviously are in critical need of your medication. The allergy tests on my forearms were a classic too. I swelled up so bad that it spread up my arm, shoulders, torso, and even my neck. If you go for allergy tests, get yourself a generic tube of benadryl cream or something to apply as you are leaving the building. You will be glad that you were prepared. Best of luck!

I am in the same boat, 40% (no surgery though), but trying to get SC for two herniated discs. Thank you for the warning, so I now might expect this to happen if they do a C&P exam. If I took a copy of the MRI and results to the exam, would it help give them a reason to keep their fingers to themselves?

Hey Berta, I'll post the way they calculated my original 40% and text from the denial letter I received recently, but will need to dig out my original SC award letter. I have a couple of questions about the original calculation too. I looked over the calculations used in the fuzzy math and now know why it is referred to as fuzzy. What is an EED? I looked on the commonly used definitions page, but EED is not there. When I got out of the military, muscle spasms continued periodically, a couple of times a year until the major episode in 2006, which changed everything for me. The pain is now chronic and I am lucky if I go a couple of days without having some sort of problem. Here is how I connect the dots: 1. Multiple injuries during military service 2. Injuries continue intermittently between 1995 and 2006. 3. Major episode occurred in 2006 4. Major problems and treatment through end of 2008, but been kinda lucky in 2009. I have all service medical records and all private medical records from 2006 forward. I tried to gather medical records prior to 2006, but the medical provider claims they lost them. Hey John999, Oh yes, the VA definitely knows about my 2006 back injury, because my private records are well documented. I must say that the MRI looks really neat, kind of like someone stepped on a jelly donut and the jelly is oozing all out. The side view is also pretty neat too. You see all of these nice thick solid white discs running down my spine, but L4-L5 and L5-S1 are really dark and almost nonexistent. I didn't realize how bad off I was until I looked at the spine model and realized that the two discs that were supposed to be the largest were toasted. Hey Papa, When I was injured in the military, they usually gave me motrin and flexeril. They exempted me from physical activity for a few weeks and sent me to physical therapy just once. I got the records to prove to the VA that it actually happened. If they deny SC by saying I never hurt my back while in the service, I'll definitely look into filing a CUE. Since my problems in 2006, my civilian doctors have rolled out the red carpet of treatment, but it hasn't been cheap. Hey Pete53, Thanks! I am glad I found these forums. It's great to meet everyone! Thank you very much for the feedback.

Hello everyone, I am new here, so I am asking folks to please review and offer your opinions. Any assistance is greatly appreciated. While I was on active duty from 1990-1995, I was injured numerous times during military training. I originally filed a claim back regarding my back in 1995, but it was denied. I am currently 40% SC, thanks for SC approval for several unrelated problems. While on active duty, the military took x-rays and diagnosed me with lumbar or muscular strain and prescribed medication, exepted me from physical activity, and also sent to physical therapy. In early 2006, I suffered an injury to my L4-L5 and L5-S1 and was given an MRI, I was diagnosed with lower lumbar spondylosis (moderate narrowing of the disc cavities), degenerative disc disease, herniated vertebrae discs contacting the nerve roots, muscle spasms and strains, reversal of the lordotic curve, and and even advised to seriously consider surgery. I was given more loads strong medication, an epidural pain block, and eventually sought help from physical therapy and even a chiropractor. In 2008, I filed another claim regarding my back, but it was denied. I spent time gathering copies of my service medical records and civilian medical records and re-filed again in August of 2008, providing counters to each reason the RO claimed was a basis for my denial. I also got a written statement from my ex-wife, who described her observations of my back problems. I just received a letter asking me to fill out medical release forms or provide medical evidence, even thought I sent the medical records already. It seems very obvious that my back injuries during military service were the root cause for my current problems. I now have a sedentary desk job with an ergonomic chair and a wonderfully supportive girlfriend. Over time have had to re-train myself how to avoid reinjuring my back while performing normal daily duties. Quite often, I can control the pain and problems with medication, but when I simply sneeze or cough, I always worry about having to take another unplanned visit to the emergency room. Questions 1. Given the nature of my injuries, what type of percentage would I qualify for? 2. With respect to my overall 40% SC rating, could I potentially see this increase or will they just embed it and leave me with the same rating? 3. Since I did not 'keep alive' the back injury portion of my original claim in 1996, if my back claim is approved, what could I expect as an effective date? 4. If I kept records of my out of pocket expenses for doctor and medication co-pays, if my back claim is approved, will the VA allow me to file for some sort of reimbursement? Thanks, Vync

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