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

[Nic25]

Thanks...the story is they had to remove the disc (it literally exploded on to the Doc during the first surgery designed to trim away and clean up damaged tissue and get it off the nerve root)...they replaced it with bone graft and the joint is held stable with rods and screws...my range of motion was measured at 40 degrees on the C&P, now I can't even bend down to put on socks and shoes and my wife has to assist me in dressing...the doctor said I will be under his care for at least a year...I have submitted a claim for that as well...it has been 2 months since the surgery, so I have no idea as to the realistic outcome of the surgery...I just thought, how could they rate me on a disc herniation that no longer is there, but the problem is far from being over...thanks

[luvHIM]

Okay, I see. Well, in all honesty...they can't rate you on a disc herniation that is no longer there. But they can rate on residual damage. For example, your ROM is now at 40 degrees. But you really don't want it to be that high for rating purposes. 25 degrees or less, would have been a sure 40%, if that is the route the rating specialist goes in deciding your claim. However, it is possible to have other factors taken into consideration.

Just for FYI, I would search some of the BVA appeals that are similar to your claim...just to get some sort of idea as to how things could go. I know that the VARO is notorious for denying and or low balling a claim when a veteran has had surgery, which is why I asked the question. It may come down to you needing another C&P, if you don't get what you believe is deserved for your disability.

I have been service connected since 1979 at 0% for my spine. But the regs are more in my favor today than the were way back then. I did not attempt to file another claim after 1984 until 2003. The VA continued me at 0% for my SC condition. The technicality was that the diagnosis had changed from what it was thought to be in 1979, which has been a real Goliath for me to fight against. But this time I'm fighting back because I can no longer work and am drawing SS disability because of my spine issues. So, all I can say is don't give up the fight until you get what you believe you deserve.

[Nic25]

Thanks again...I wonder if the rater will use the scale i.a.w., I believe the term is "ankylosis" (bone fussion of the joint) instead of the ROM...there are so many factors involved with the back other than those listed in 38...I can't pick up anything more than 10lbs...restrictions and pain caused by sitting, standing and walking...do they take any of that in to mind while determing a %...

[Berta]

Nic said:

"I just thought, how could they rate me on a disc herniation that no longer is there, but the problem is far from being over...thanks"

Nic -they will rate on the residuals-

great point from LUVHIM

"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"

I agree-

those regs are here somwhere- you are right- potential entitlement to Convalescence comp

[luvHIM]

Thanks again...I wonder if the rater will use the scale i.a.w., I believe the term is "ankylosis" (bone fussion of the joint) instead of the ROM...there are so many factors involved with the back other than those listed in 38...I can't pick up anything more than 10lbs...restrictions and pain caused by sitting, standing and walking...do they take any of that in to mind while determing a %...

When they finish with my claim I will let you know how it played out. That "technicality" that I mentioned happens to be I am now diagnosed by VA physicians with Ankylosing Spondylitis. It is stated in length how it is believed that my AS condition began in service. That is where I am at right now in my fight with the VARO. However, I did have a "bona fide" lumbosacral injury diagnosed as "chronic lumbosacral strain," which I was service connected for in 1979.

I know all about fusion (ankylosis). My SI joints are fused bilateraly; with bambooing of the lower lumbar spine and scoliosis (now) of the upper/mid thoracic spine. But even with "ankylosis" of the spine, your ROM is a factor in determining your level of disability. Yes, I know the VBA does not cover every single possible diagnosis for the spine. But they do try to use the "analogous" principle in those cases to get as close as possible for rating purposes.

I can not lift more than 10lbs. My restrictions of "no prolonged sitting, standing, walking; no climbing, twisting, bending, "extreme" reaching" have existed since my time in service. I have had a permanent physical profile in my records that has gone ignored since the first time I filed a claim.

I don't want to discourage you. My point is that just be prepared to fight for what you believe you deserve. The VARO is not going to hand out benefits just because we ask for them. There are some veterans (and I believe I'm one of them) whose medical evidence is so in your face it makes no sense that we've been denied on any level. But that is the way of the system. Some of us are more blessed than others and did not have to fight as hard. But many of us have had to fight for benefits that should have been a no brainer claim to rate.

For instance, in my case, ALL the medical evidence still deals with ONE anatomical region (my lumbosacral spine). Yet, none of the doctors (to include the C&P examiners) can figure out what exactly the VARO is looking for in order to award my claim. The radiographic evidence is there; the IMO's have been presented; three favorable C&P exams in my C-File. In all fairness, I'm still waiting for the claim to be fully adjudicated. But it really did not take all of what I've had to endure to get an award. I'm receiving SSD for my service connect disability. I'm telling you, every time I think too long on it all, I have to laugh to keep from getting mad. It doesn't make sense. So, I'm just saying to you...preparation is key. You may get exactly what you believe you deserve without a fight. But you still want to be prepared in the event it doesn't happen so easily for you. Best regards!