Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Filing For An Increase, Back Problems Please Look

Rate this question


10thFO

Question

I'm currently at 70%. 50% PTSD code 9411; 20% IVDS code 5243 (lower back); 10% IVDS Thoracic spine; 10% Tinnunitis code 6260; 10%Paralysis of Sciatic Nerve 8520.

My pain and problems have much increased. The sciatic nerve is affected in both legs now, to where I'm also having nerve impingement to the right foot. This was documented in a Nerve conduction study. My original Paralsyis only affected my left outside thigh, but now has taken over my right and left legs, so an increase should definitely take me from 10% to at least40% which is Moderately severe instead of mild.

I've got results from a Cervical MRI that I will be trying to service connect, which I've got the records to prove that I had the problem in the military. Here are the readings :

Cervical vertebral height and alignment appear to be withing normal limits. There is straightening of the cervical curature, can be associated with spasm or pain. Mild DDD seenat c4/c5 and c5/c levels. Disc dessication is seen at all levles.

C5/c6 level: there is a small right paracentral and far lateral disc herniation causing mild thecal sac compression and moderate narroing of the neural formina. There is probable Nerve impingemnet at this level. mild left sided neural formina narrowing also seen.

C6/C7 level: There is small left paracentral disc herniation causing moderate narrowing of the left sided neral formina w/o nerve impingement. There is mild thecal sac compression however.

Now for the Lumbar MRI:

There is sever degenerative disc disease at l4/l5. Moderate ddd at l3/l4. Mild ddd at other levels. Midl dis dessication at all levels. Conus is at the T12 vertabral level. Mild increased intradural t2 bright signal intensity seen within the spinal canal. at L1/L2 levels with few questionable serpiginous t22 low signal intensity. This is suspicious for arachnoiditis or Avmalformation.

L5/S1 thsere is mild diffuse disc bulge. mild facet degenerative change seeen.

L4/L5 there is large disc herination with right paracentral and left paracentral compnents casuing bilateral exiting nerve compression. significant compression of the thecal sac. Moderat spinal stenosis.

L3/L4 there is mild diffuse disc bulge, mild facet degenerative change seen.

L2/L3 there is mild diffuse disc bulge, mild facet degenerative change seen.

Alright, so now for the questions. Is my paralysis in both of my legs only considered two seperate, or would that be pyramiding.

Same for my left hand numbness and timgling. Is my cervical spine proablems combined with the lumbar at this point?

I'm filing for TDIU and the SO told me on the phone that filing for the TDIU would trigger new exams for my conditions. I was just rated for PTSD in May with my C&P in January 2005. I'm not worried about another exam for that as I do believe the percentage would stay the same or worsen.

Is it true that they will reevaluate all of my other service connections though? Just want to make sure this SO isn't trying to get off easy without having to help file the paperwork for an increase in the others, and filing a new claim for my cervical problems.

80% SC/100% TDIU

70%PTSD All the rest is Back problems.

10th Mountain.

God Bless the Troops.

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

David you are correct. Post Fusion wiull not grant a rating increase. But if you can prove the Damage done by the Cervical spine has caused neurological symptoms, Then there is a chance at a 40 percent rating. Firs there must be range of motion as well as radicular signs. Then use the actual nerve group and have it rated serperatly.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use