Back And Sciatic Nerve Questions

[parsavers]

Guys and Gals,

I'm new to the board but I thought that I would jump right in with a question. I am currently rated at 20% for a back condition. I have had two back surgeries, one laminectomy and one discectomy. During my last event, either during surgery or the injury itself, I suffered nerve damage. One year after surgery, the VA didn't think the nerve damage warrented anything. I requested another exam (about three years after surgery) because I feel like I'm losing a lot of strength in my leg. That being said, during the C/P exam, the examiner stated that she notices a slight foot drop during walking, loss of some reflex and also noted that my left leg (dominated side) thigh was about two inches smaller than the right leg, calfs measured the same in diameter. Anyone have any idea what I should be expecting as far as a rating on this? Apparently, my information went to the rating board on April 24 and still no decision. Like most of you, the waiting is brutal.....

[rentalguy1]

DEFINITIONS HERE

C-File is the file that the VARO has on all of your claims.

SMR's = Service Medical Records...all medical records while you were in the service.

CMR's = Civilian Medical Records

VAMR's = VA Medical Records

VARO = VA Regional Office

VAMC = VA Medical Center

...you get the idea

[parsavers]

All right guys/gals, here is the deal. I got my letter today about my increase and while the increase was good, it make me question the whole VA process and I really am leaning on contacting Dr. Bash. To give the whole history, I had a Laminectomy in March 05 and a Discectomy in April 2005. In September 2005, I had received an increase from 10% for DDD to 40% from Jan. 2005 and then decreased it to 20% in May 2005. I can't really explain the decrease as of May 2005. If my memory is correct, May 2005 was when the C/P exam took place, which was one month after surgery. I surely wasn't in any shape to be touching my toes. Why wouldn't 2 surgeries count as incapacitating episoded? Anyways, I had another evaluation in 06 at the VA's request and they dropped me back down to 10% for DDD. That being said, this new evaluation kind of looks suspicous to me as well. They increase the sciatica, due to muscle loss, from 10% to 20% but said an increase for DDD with posterior herniation of L4-5 and L5-S1 was deferred until they could schedule me another evaluation. What's up with that? Didn't the previous C/P exam provide them with adequate information. This is the second time they have asked me back and the first time they did it, it cost me 10%. Am I wrong in questioning the VA? Surely they wouldn't intentionally try to screw an honorable veteran out of what is rightfully his, would they???

Guys/Gals, let me know what you think....I don't feel like I'm in it for the money but I don't like to be stepped all over either.

Thanks in advance guys/gals....

[rentalguy1]

parsavers...you have a pm

[john999]

Surely, they would attempt to screw a vet out of his compensation! They do it all the time. This is why you need a strong IMO to counter balance these C&P doctors. Without a couple of good private medical opinions I would still be at 30% instead of TDIU. The c&p doctor can be your best friend, or your worst enemy. Like you, I have back pain and just the loss of quality of life should get you 100%, but it won't. Get as much medical evidence as you can get and submit it to the VA. You want to just surround them with evidence. You don't want appeals and years spent waiting for them to read what they might have had two years ago. You want to get your maximum increase right at the VARO the first time around. This is usually not possible but that is what you are aiming at. Just because the C&P doctor is affable and polite does not mean he will not write a report that damns your claim. Consider who pays him.

[parsavers]

Does anyone know when the new rating schedule started for back injuries and if so, how do you access the old schedule. My disability started in 1991. Just curious if it applies in my case....

[Berta]

Did you file a NOD in time on the last decision?

http://www.warms.vba.va.gov/bookc.html

This is a link to the whole shibang-

I suggest that you check the convalescent ratings to see if you met that criteria and then carefully go over these rating schedules-

DDD was incorporated into a new rating criteria for IVDS in 2003-

this case shows what I mean:

http://www.va.gov/vetapp08/files2/0811063.txt

Do you have a copy of the C & P exam results?

Is this the C & P exam you got?

http://www.vba.va.gov/bln/21/Benefits/exams/disexm53.htm

Are you working aand if not- do you feel this SC disability is preventing you from working?

If so-here is the TDIU form:

TDIU_form.pdf