C&p And Re-eval Questions

[skinswin]

First, I just want to say thanks for this forum!! I just found this site and love the information I've read so far.

I'm 50% service disabled(40% back, 20% shoulder 0% hernia) I had back surgery while active duty in the lower back(L4-L5 diskectomy).

I had additional surgeries in the same part of my lower back in 1998 and 1999. I did not apply for reconsideration of my rating at that time. I know, I know I was an idiot!!!!

Now this year I had the same problem again with my lower back. Only this time it was worse and they had to do a back fusion at 2 levels of my lower back. This is my 4th surgery(Mar 15) in the same service connected location on my back. I've been on convalesent leave since Feb and I'm having to quit my job due to my inability to perform certain tasks. My doc says I can't even think about going back to work until mid June.

I filed for temp 100%. My service officer told me this would trigger an immediate re-evaluation of my rating.

Also, due to this last surgery in March I've had to have hernia surgery(SC) due to the strain of not being able to use my back muscles.

My question is do you think my ratings will go up for my back and hernia? If so, what percentages do you think I'll get?

My local Veteran Service Officer says that regardless of rating I should apply for IU. I'm new to this whole game so any advice, recommendations would be welcome.

Again, thanks to everyone for this forum and for the willingness to help each other out.

Thanks,

Jeff

[Vike17]

skinswin,

The rating criteria for hernias are below;

"7338 Hernia, inguinal:

Large, postoperative, recurrent, not well supported under ordinary conditions and not readily reducible, when considered inoperable...60%

Small, postoperative recurrent, or unoperated irremediable, not well

supported by truss, or not readily reducible...30%

Postoperative recurrent, readily reducible and well supported by truss or belt...10%

Not operated, but remediable...0%

Small, reducible, or without true hernia protrusion...0%

Note: Add 10 percent for bilateral involvement, provided the second hernia is compensable. This means that the more severely disabling hernia is to be evaluated, and 10 percent, only, added for the second hernia, if the latter is of compensable degree.

7339 Hernia, ventral, postoperative:

Massive, persistent, severe diastasis of recti muscles or extensive diffuse destruction or weakening of muscular and fascial support of abdominal wall so as to be inoperable...100%

Large, not well supported by belt under ordinary conditions...40%

Small, not well supported by belt under ordinary conditions, or healed

ventral hernia or postoperative wounds with weakening of abdominal wall and indication for a supporting belt...20%

Wounds, postoperative, healed, no disability, belt not indicated...0%

7340 Hernia, femoral.

Rate as for inguinal hernia."

Your IU should not have an affect on your temp 100% rating. Keep in mind that if you receive a temp 100% rating under §4.29 or §4.30, you still may be eligible for SMC "s" if you have addition disbilities that would combine to an additional 60% for the time you receive the temp 100%.

Vike 17

[skinswin]

Thanks for all the info.

I guess I'm hoping to go from 40% to 60% for my back. After 3 additional surgeries including the last one being a multi-level fusion. My motion is severely limited. I have to quit my current job. And still being in pain. I hope I get the 60%.

Also, I guess I'm looking at going from a 0% SC inguinal hernia to a 10% since I just had surgery.

So....using VA math 60+10+20(SC Shoulder)= 70%!!!

I don't know if being on depression meds for the past 4 years due to the continual pain would change anything or not.

But again thanks to all. If anyone has any other tidbits, feel free to let me know.

Jeff

[john999]

Skin

I would file a claim for depression due to SC chronic pain. It is a secondary condition. If you get a rating you would be closer to TDIU.

[Ricky]

An increase in the spine rating as Vike indicated will require an increase in limitation of motion. As far as the hernia is concerned what is the residual disabilities you are claiming? If none then I would assume a 0 percent rating. Just my opinion.