What Happens When Your Condition Changes After C&p

[Nic25]

Anyone...I was injured in Iraq this past May (2 weeks prior to my REFRAD)...had to dive into a duck and cover bunker...our medics treated it with pain medicine and muscle relaxors...finally got to Kuwait and because I couldn't stand up after sitting in the DFAC, I was transported by ambulance to the TMC...the x-ray said I had a compression fracture of my L-1 Vert ...when I returned to my MOB station, they directed me to go local for treatment and more test...after an MRI they found a serverly herniated disc...durning my C&P it still was present...since then, I have had to have 2 surgeries...the last with rods and bone grafts being placed to repair the disc...Finally the question...will the rater rate me on my condition at present or will they rate me under the C&P they have...all my records are with them and they know of my situation...can anyone answer this...thanks

[Berta]

WELCOME aboard and Thank God you are Home! Iam deeply grateful for your service!

Make sure that the VA has ANY updated information whatsoever that shows your condition has gotten worse since the C & P exam.

Veteran- do you have a copy of the actual C & P results?

If not write to the records access officer where they gave you the C & P- to get copy of the results - this will give you a leg up on what that says-

Also-Make sue that you send the VA copies of your stuff-

I use Priority mail with a tracking slip for everything I send to them-

if their most recent letters to me have initials and numbers on it in the right hand corner under a Re: I put this info on the VARO mail envelope to under Attention to:

Like Buffalo VA Regional Office

Attn: DRS 21/346

street

city zip

With the tracking slip- just costs a little more than the priority fee-you can get an email response from USPS and then copy the actual recipt that shows the VA got your stuff.

The VA Loves paper but they also love to lose it-

they only lose the good stuff.

Are you fully mustered out yet? and if so has the Mil rated you yet?

Welcome to the best place in town for VA claims help.

[Nic25]

Thanks for the information and the kind words...I have copies of my C&P...kind of curious which number they will rate me under (range of motion, ankylosis, or other)...submitted in August of last year upon my return home...I am a Reserveist and had to try and get back to work...seems things have slowed down on the process...understand they are real busy, but am worried they may continue to drag their feet...

[rentalguy1]

Welcome home Nic! And welcome to Hadit!

With a herniated disc, you should be rated under diagnostic code 5243: Intervertabral Disc Syndrome (IVDS). You will most likely have the rating criteria for general diseases of the spine (range of motion) applied to your case, since you haven't had enough incapacitating episodes to warrant a higher rating under that criteria yet. As has been said previously, be sure that the VARO has all of your updated medical records, to include the surgeries and the residuals. Also, don't forget about radiculopathy; the pain that you might be feeling in your hips and legs. This is a common side effect of a spine injury, particularly in the lumbar area. If you are having any these symptoms, you can file for them as secondary to the spine injury. Good Luck!

Edited March 13, 2008 by rentalguy1

[Pete53]

Nic:

Welcome to Hadit. We are a little different than most Vet sites as we offer support, advice, shared experience and the rules that you need to win when you deal with the VA.

Hope that you enjoy your stay with us.

Pete

[Nic25]

Thanks guys...that's quick info...very impressed...I think I have found the right spot to be in...

[luvHIM]

First off, welcome, Nic25. But in answer to your question...I myself am currently waiting on an answer to that question from the VARO. My lower back (now full spine) condition definitely worsened over the years. So, it is really hard to say how the rating specialist will read/interpret the medical evidence. Obviously, the surgery was suppose to help "correct" the problems with your spine, right? But did the surgery make matters worse?

I agree with rentalguy1 on the diagnostic criteria that the VA should be using to determine your disability rating. It is at least one of the DC's that could be used in awarding benefits.

Also, how long were you out of commission after your surgery? There is a special compensation of 100% that you may be entitled to for that time frame. At any rate, keep us posted on what is going on with you and your claim. Again, welcome aboard. Best regards!

Edited March 13, 2008 by luvHIM