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Two part question here. 1. I've been SC for degenerative disc disease and bi-lateral radiculopathy since 1992 after a fall from troop carrier during deployment in Dessert Storm. I started out at 10% and have slowly increased through the years to 70%. Last year from out of nowhere my right leg started giving out on me and while I was waiting for appointment with my PC doctor my leg gave out at work when I stepped off of the curb and I ended up falling and landing on my back on the sidewalk. Since then I've had continuous pain in neck and numbness and every other sensation you can think of in my shoulders arms and hands. I've missed 4 months of work this year mainly due to the inability to sleep because my arms and hands go so numb they hurt when I lay down. I filed a workman's comp claim and was denied even though neurologist stated the injury was due to fall and an eye witness account to the fall. I spoke to the workman's comp adjuster who stated the main factor in the denial was that it was my service related injury that caused the accident. Now to my question, can I file a compensation claim for my new injuries as secondary to my service connected injury since it was my service connected injury that caused the fall. 2. I was recently granted 30% for depressive disorder due to chronic pain syndrome. Since the VA has indicated that I have chronic pain due to SC injury couldn't I also claim chronic pain as secondary to my lower back SC CONDITION. Thanks for any advice.

I asked a similar question some time ago but am confused about something still. I have a BVA hearing waiting to be scheduled for my lower back claim. My original claim was filed as "lower back condition" and denied as "pre-existing scoliosis." My doctor has diagnosed me with DDD. If I want to be rated for DDD and not scoliosis, do I submit a new claim? Or do I submit all evidence to the BVA hearing and tell them I want to be rated for DDD not scoliosis? Thanks

I appealed my lower back condition (DDD, strain) and am still waiting on a virtual hearing since July 2020. I called and they said they are still on 2019 claims but would not give me any other information. From what I've read on here I'm better off withdrawing my hearing and submitting a supplemental claim with IMOs. I know I would lose the back pay though. Are there any other negatives to withdrawing my hearing? Does anyone have an idea how much longer I'd wait for a hearing? Thanks

I submitted a follow on claim four years after my initial claim for worsening conditions. I got a notification (accidentally) from QTM to schedule two C&P exams about 30 miles in opposite directions. I live in NYC. Being an 8D, I checked out the doctors. For PTSD, I was assigned a child psychologist. For my back and ankles, I was assigned a nurse practitioner with no specialized experience in osteopathic or neurologic disorders. I cancelled all the appointments and call the VA. I asked to have my C&P exams conducted only at a VA facility near me. Chad, the nice VA guy said he would change my preference but it would take longer to get my C&P exam. I am at 90% and want professionals in the fields for which I am being prodded. Was this a good or bad move? Thanks to all of you and mostly T-Bird.

I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing. Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed "2. Mild anterior endplate spurring, with disc heights maintained. 3. Thoracic dextroscoliosis, measuring 22 degrees" Which I'm told is indicative of degenerative disc disease and/or arthritis. However, I don't have any in service medical treatment records for my back because I never complained due to fear of losing my flight status as a pilot. I'm being seen by a private sector doctor and getting facet joint injections and medial branch block. How should I appeal this? Should I get a nexus letter stating the arthritis was caused by my service on active duty as a pilot? Or should I ask the doctor to tie my lower back condition in as a secondary condition to cervical strain or shoulder problems?

I have been researching this for a while and I keep ending up here at HadIt reading old threads. So, now that I am ready to ask questions I have com to you. I appreciate the knowledge I have acquired here already. Thank you all. My situation is that I was service connected rated 20% for Degenerative Disc Disease (DDD L2-3 and L5-S1) limited mobility as well as 10% each for a shoulder, both knees and PTSD back in 2011. 50% total rating. This was done through the Army/VA program when they told me I couldn't play with them anymore. Fast forward to last year and I began to have numbness and tingling in my legs from standing for more that 20 minutes at a time. Over the course of the year it shortened to 10 minutes and I was experiencing warm and cold flush sensations in my thighs. In November I had bad sciatic pain and a steroid pack resolved it. Then in January this year it went precipitously downhill. I started having numbness start from my groin to just below my knees after 5 or so minutes. I was down to 5 - 10 minutes of stand or walk time and I started getting wobbly and falling down if I pushed it. I had to stop working in April because I was stumbling and scared that I was going to fall off the ladder I climbed repeatedly throughout the day. So I have had MRIs and an EMG and fought with doctors and it appears that all the VA is willing to do is give me a shot in the back and leave me crippled. The diagnosis is lumbar radiculopathy. The MRIs show two herniated discs (L4-5 and L5-S1 and a bulging disc above at L3-4) as well as stenosis and multiple moderate and severe nerve impingements at these levels. The EMG shows "electro-diagnostic evidence of L5-S1 radiculopathy. Given that I apparently need to grab a Snickers while the VA medical side struggles to do medicine, I figure I need to file a claim on the worsening back and the neurological deficits that it is creating. My problem is this: I'm not sure how I should make the new claim and what it should be for, exactly. I contacted the American Legion rep for my county and he basically said he just files paperwork. I have looked at 4.71a and I get the rating for the spine itself. I'll need to get them to do a measurement for flexion to see if I meet the criteria for that to change. When I go looking for the neurological stuff I get lost. Same goes for the stenosis and arthritis. I can't seem to figure out how they get rated and what I would present from my file to establish the criteria. I have to think the numbness and loss of strength from standing / walking leading to falls have some place in this. If someone can give me some help and guidance I would be eternally grateful. Then there is the whole how do you write it up so that the paper shuffler who has a couple minutes to go-nogo the packet sees what they need to see. But that is a separate matter for when I have the what figured out, I suppose. Thank you all again for any help you can provide.

This is my first post and I apologize if it's in the wrong area. I researched other peoples issues but I find mine to be a bit unique. I will do this chronologically and as summarized as possible: I left the U.S. Army Infantry in May of 2009, after serving since Jan 2006. I had not found any work but I was attending school (GI bill was coming in nice). When I received a recall packet (not unexpected at all) I dropped school happily to have my back checked out. Soon enough, they found the problem and released me. 9 Oct 2009 FINDINGS: There is bilateral spondylolysis at L5 with grade 1- spondylolisthesis of L5 on S1. IMPRESSION: 1. Bilateral spondylolysis at L5 with grade 1 anterolisthesis of L5 on S1. 2. Indistinctness of the superior endplate of L5, this may be artifactual, however a CT scan of the lumbar spine should be obtained for more complete evaluation. 15 Oct 2009 Radiologic Examination Report Procedure: CT L-Spine w/o contrast CAT scan lumbar spine There is grade 1 spondylolisthesis. No abnormality otherwise identified. Transcription Date/Time: 15 Oct 2009 23 Oct 2009 Provisional Diagnosis: ACQUIRED DEFORMITY - SPONDYLOLISTHESIS Reason for Request: 23 yeat old USIRR male with grade 1 spondylolisthesis, please evaluate and provide recommendations for deployability. --- Consult(s): -Referred To: PHYSICAL THEMPY CONSULT (72 Hours) Specialty: Clinic: PHYSICAL THERAPY Primary Diagnosis: ACQUIRED DEFORMITY - SPONDYLOLISTHESIS 2. sleep disturbances: Pt reports trouble sleeping seocndary to his physical symptoms. Has tried Ambien in past, was not able to tolerate med due to adverse side effects. Will start trial of Lunesta. Medication(s): -ESZOPTCLONE (LUNESTA) 1MG--PO 1MG TAB - TAKE 1 TABLET By MOUTH AT BEDTIME #30 RFO Ql 30 Rf: 0 & MedBoarded Now, I spent some time trying to get school back organized (disaster) when I got back. That and I took on the big ole VA alone: Dear Mr. (so and so) We made a decision on your claim for service connected compensation received on December 10,2009. We determined that the following condition was not related to your military service, so service connection couldn't be granted: Spondylolisthesis (claimed as back and spinal condition) During this time I was being made a cuckold by my now ex-wife who thankfully; bore none of my children. So I deal with my divorce and struggle to survive. Having still worked absolutely no jobs, I try for school again. Only this time I received my GI Bill a day after the last day to drop classes. I'm basically living out of my car when Dec 2011 rolls around and---- *Ring ring ring* "We want you to be Intelligence for the reserves" Ummmm.... unemployed for 3 years; yea, i'll go intelligence. BUT I want my back taken care of first because it's worse than ever. VA denied me so I never tried any support other than a chiropractor. I'm a 11B grunt, what do people expect?? Reserves say: No problem VA looks at my file like a train wreck, my unit gets SRP so probably deploying; my back gets checked: LOD - now they're looking at a medboard (#2 by my recollection). I'm stressed, I started to smoke marijuana because my g-ma that raised me (I moved one block from her nursing center to help feed/entertain) died a few months ago. I self referred to my command and now i'm in OSAP. While OSAP will help me quite smoking cigarettes, I doubt it will be as useful for me with marijuana. (My joke: Nicotine gum was my gateway drug.... didn't go over well) I know i'm going to smoke, it helps better than all the meds. My unit revoked my security so no longer can I "run S-2". Instead I'll be tasked to menial 11B labor for a stoner. I came to work, I busted ass; I even said "I'll come in for the flag". What did I get in return? First Ibuprofen, then; Tramadol Baclofen Meloxicam I initially opted out (myself!) of all of the higher end drugs because of my addictive personality. I'll pass on the surgeries, i'm 25; I should be able to do therapy! (Not a therapy 2 hours away, making the event worthless because the drive back will destroy everything they do....) All the meds either make me sick; or make me loopy. I only take baclofen now for bedtime when necessary... ----------- Now i'm supposed to talk to someone in the benefits section eh? It's been 3 years, I feel pain in my UPPER back, shoulders, neck, and arms as well as my lower extremities. My spine looked dominoed at my chiropractors and now the VA tells me: Treat it psychosomatically The pressure has me curling my toes all day long, I am in pain, I have trouble finding and holding suitable work that doesn't make me feel like a bus ran over me. They have had me shredding paper in the reserves because they know about my problem. When I've been asked about my back from VA, they say "Can you touch your toes". Never have they asked, "How far can you go before it hurts".... I always touched my toes and said "Thanks, now my back feels like ice" to those bastards! Any helpful data would be nice, I want to apply for 100% (Not looking to be a lifer people, I just have NO SUPPORT FOR MY CONDITION). I just want resolution so I can get back to a REGULAR life. My doctor should write me a bed rest prescription; it will prevent me from being hard labored at Drill these next few months thank god. Lastly; I exited the military over 200 pounds. Today I weigh 145. I've done the exact OPPOSITE of the boy who cried wolf; yet i'm treated as a malingerer the ENTIRE process. Any help at all, I will no doubt be homeless again soon when the paychecks stop coming next month.

Here is a list of the conditions claimed as written on my 21-526 in May 2011 Degenerative Disc Disease lumbar cervical Anxiety/Depressive Disorder Osteoarthritis, Cubital tunnel Knees, Ankles, Shoulder, Back Tendonitis, Chronic Fatigue Positive PPD (Nonactive TB) Questions are Does DDD rate seperately for the lumbar spine and cervical spine or are they combined under one rating? Also the VSO that preped the form while he was going through it he said I most likely had Fibromyalgia. If the evidence shows as such from my C&P exam would all my arthritis issues be combined and turned into Fibromyalgia? Or would I need a seperate diagnosis of it? -Jeter