lumbosacral Nod For Back Disability

[divine]

Hello everyone,

I need a bit of assistance with an issue. Here is a bit of a back story to my issue...3 years prior to entering the military, I was injured in a car accident during which I sustained an injury to my back and neck. After several months of physical therapy I was released by my doctor who provided documentation to support the fact that my condition is now asymtomatic. Upon entering service during my initial examination note of the accident was indicated in my medical records as well as the supporting documentation from my doctor...the entrance exam paperwork indicates my condition was also asymtomatic. During my four years in the Air Force, I was injured during an exercise and then again in a car accident. I submitted my first claim for a back disability in 2003 during which time I was rated 10% Service connected for cervical and thoracic strain with degenerative disc disease. Unaware at the time that I could appeal this decision I allowed the claim to close. In March 2006, I submitted a claim for an increased rating for my back disability during which time I was notified that a change had been made to separate the original claim because the cervical spine and the thoracic/lumbo spine are separate segments. Instead of receiving an increase to the original rating I received a separate rating for Degenerative arthritis of the lumbosacral spine with Thoracic Strain. I still disagree with this decision and am thinking of submitting a NOD regarding this issue. I contact a VSO in regards to assisting me with my claim and was told the VA is doing me a favor by even giving me a rating considering the fact that I had previously sustained an injury before service.

Here is the bigger issue...I am a 32 year old mother of a 2 year old son who requires the use of a cane. I recently spent 2 months on Family Medical Leave from my job and am wondering if this would play a role in assisting with getting an increase. My problem is that the only time that I find any comfort what so ever is when I am flat on my back because sitting causes the most pain which makes it difficult in performance of my daily duties at work. Also to contribute to this chaos is the fact that there are a documented 20 different things in my medical records relating to my back disorder which is why I find it even more difficult to understand my present rating. I have gone through PT, OMT, Pain Management, Chriropratic treatments, pain meds, personal trainer, and have been seen by an Ortho and Neuro surgeon but am not a candidate for surgery because of the fracture found on my spine.

The Othro Surgeon and radiologist detailed the findings of my MRI as: Acute degenerative disc disease with degenerative vertebral arthritis. Thoracic spine shows a T7-T8 compression what looks like disc displacement. The lumbar spine shows L3, L4, and L5 disc degeneration with vertebral degeneration and a L4-L5 disc herniation or protrusion. Disc degeneration and disc flattening of the cervical spine at C3 to C6. Compression fracture of T7-T8 with disc displacement, lumbar spine disc displacement, and disc degeneration.

My ultimate question is how should I proceed with this issue. I don't agree with the decision but if the VA is actually reviewing the same medical records that this information is in why is it that I am unable to receive a higher rating. What should I do to attempt to get an increase for this disability because my biggest issue is the fact that I honestly don't believe I will be able to continue working because of the amount of pain I am in 7 days a week/ 24 hours a day. Any assistance in this matter will be greately appreciated.

Thank You,

Monica

[Berta]

You ratings you have now should not be affected by a TDIU claim.

Numerous diagnoses might involve a condition that could be rated over 40% for the back disability but this is where a good IMO would come in.

IVD could be rated at 60 % as this BVA case shows:

http://www.va.gov/vetapp07/files1/0707404.txt

Yet most 'back'problems are rated as these guys said- not higher than 40%.

"I recently spent 2 months on Family Medical Leave from my job and am wondering if this would play a role in assisting with getting an increase."

It would certainly help if due to the SC problems but- TDIU is only awarded if you are completely unemployed.

If you are returning to this job, or have done that already- there is no basis for the TDIU claim.

"I contact a VSO in regards to assisting me with my claim and was told the VA is doing me a favor by even giving me a rating considering the fact that I had previously sustained an injury before service."

The VSO's remarks are entirely inappropriate.You have every right to file a NOD-

I would try to get another rep.

I suggest that you search conditions that are exactly like what the VA stated yours were in the rating decision at the VA web site under BVA decisions, check to see if the diagnostic codes are correct in your decision, and this way along with using the Schedule of Ratings available here at hadit you can better assess whether the rating should be challenged.Certainly the medical findings regarding the family leave-if due to the SC back injury-should be submitted to VA with the NOD asking for higher rating.

Edited September 11, 2007 by Berta

[KamiKappa B]

Monica,

I was under the belief that you had to be 70% to apply for TDIU. I was even told by a vet rep that for me to submit it would be like asking for a special favor. But through the encouragement of the folks here at hadit I submitted it anyway, and I got a letter from that same vet center saying that it had been submitted. I still don't know the outcome, but I'm glad I followed the advice here instead of just sitting there twidling my thumbs. Just do your research, ask questions, and don't take anything the VA says at face value. You have a wonderful group of people here in your corner. Good luck!

Kappa

[jbasser]

Have you filed for SSDI? Your Back is a listing level impairment that should grant you SSDI if you have enough quarters paid in.

1.04 Disorders of the spine (e.g., herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture), resulting in compromise of a nerve root (including the cauda equina) or the spinal cord. With:

A. Evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine);

OR