lumbosacral C Spine Rating ?

[lipro]

I have a question about rating for the c spine, I got my claim back and they took my conditions 5241 Spinal fusion, 5238 Spinal stenosis, 5239 Spondylolisthesis and 5242 Degenerative arthritis of the spine and combined all of them into a rating of 20%, I am fused at c6-c7 only with plating and hip bone. Should they have combined all of these or rated seperate? After reading note 6 I would think it should have been seperate. Any help would be great for an appeal or increase in rating.

Thanks

Note (5): For VA compensation purposes, unfavorable ankylosis is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: difficulty walking because of a limited line of vision; restricted opening of the mouth and chewing; breathing limited to diaphragmatic respiration; gastrointestinal symptoms due to pressure of the costal margin on the abdomen; dyspnea or dysphagia; atlantoaxial or cervical subluxation or dislocation; or neurologic symptoms due to nerve root stretching. Fixation of a spinal segment in neutral position (zero degrees) always represents favorable ankylosis.Note (6): Separately evaluate disability of the thoracolumbar and cervical spine segments, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability. 5235 Vertebral fracture or dislocation 5236 Sacroiliac injury and weakness 5237 Lumbosacral or cervical strain 5238 Spinal stenosis 5239 Spondylolisthesis or segmental instability 5240 Ankylosing spondylitis 5241 Spinal fusion 5242 Degenerative arthritis of the spine

[rentalguy1]

They were correct to combine them. The only time they cane be rated seperately is if the vet has a disability in both the cervical and thorocolumbar spinal segments simeoultaneously. If I am reading correctly, you only have these conditions at C6-7, and nothing in the thoracic or lumbar regions. It will be very hard to get a high rating without having a messed up thorocolumbar region.

EDIT: almost forgot...don't forget to file for radiculopathy in your arms, and sometimes c-spine issues can cause migranes and depression.

Edited May 26, 2008 by rentalguy1