**********please Help*********************

[SSGmajik]

I am new to this please bare with me. I know I posted this message once, but I am trying to find some more help. I am currently service connected at 50% for a multiple of spinal conditions I will list below. If anyone can help me I would appreciate it. I am cuurently in for an increase, but have no idea if I will get one or not. My 50% is rated as 40% lower back mobility and 10% for neck mobility. I filed for an increase for everything below.

1.)Nerve damage in my lower back caused chronic radiating pain down through my right leg and foot; as a result, the muscles in these locations have deteriorated. Occasionally, I get the same pain in my left leg.

2.)Degenerative Disc Disease (Moderate to severe grade) has developed in both my cervical and lumbar levels of spine.

3.)Migraines that occur at least one every seven days due to the chronic pain and the difficulty to sleep. When I roll over at night, I experience intense radiating pain which contributes to the severity of the migraines.

4.)Spondylolisthesis/retrolisthesis (segmental instability) in my Lumbar and Cervical (Moderate to severe grade) spine has caused stiffness and pain, making it very difficult to move around.

5.)Scar from the microdiscectomy surgery approximately three inches in length and is sensitive to touch.

6.)Osteophytes and/or Bone-spurs in my Cervical and Lumbar spine (Moderate to severe grade) causing stiffness, pain, and risks further damage to the spine.

7.)Scoliosis also causes stiffness and pain.

8.)Bulging discs in my Cervical and Lumbar spine contributes to the severe radiating pain.

9.)Spinal Stenosis in my Cervical and Lumbar spine (Moderate to severe grade) which contributes to the severe radiating pain, stiffness, and numbness, in the right leg and foot.

10.)Facet arthropathy (Moderate to severe grade) in my Cervical and Lumbar spine and is contributing to the severe pain in my neck and lower back.

Thanks,

SSGmajik

[rentalguy1]

There's a "gotcha" here or so I found in my case. The only evidence of incapacitation the VA will accept is when a doctor orders bed rest for it. HOWEVER doctors don't order bed rest for back pain. So the only evidence the VA accepts requires you to have a doctor who's looking for a malpractice lawsuit. Cute huh?

If anyone knows of a way around this PLEASE post it and let me know.

John

Doctors most certainly will order bed rest for back pain. My VAMC PCP asked if I wanted to be precribed 2 weeks of bed rest twice last year, and the ER docs have prescribed one week, on two seperate occassions so far this year. That said, 40% will most likely be the best you can get under IVDS without unfavorable ankylosis. The way to make up for that shortcoming is by getting all of your secondary conditions sc'd and rated. File for all of the radiculopathy, bladder incontinence, bowel incontinence/constipation, and depression. I would go the depression route instead of the pain disorder route due to higher ratings, if it is a legit claim, of course. Remember, you can have depression due to chronic pain and not even know it. If you're like the rest of us with IVDS, those times when you get all pissed off and bent out of shape for no reason, then you blow up...that's depression. It's called a mood disorder due to a general medical condition.

[AB2WK]

I was initially rated 20% for degenerative disk disease and filed an NOD. I let them know I was lowballed and my back was worth at least 40% and I was also diagnosed with radiculopathy. They ordered another c&p exam and gave me 40% for my back and 30%radiculopathy. VA math gives me a 60% rating. The EMG's I had over the past few years made all the difference. Good luck with your claim, all I know is that if you keep fighting them with good evidence you will eventually win.

[sixthscents]

A few questions to clarify the situation for me please.

1. How far from discharge are you?

2. How do you know these disks in you spine are involved (i.e. what test have shown injury to them, and exactly what was the disgnosis)

3. Have you had any testing of the cervical spine?

4. Is there any indication of this condition, or any spinal condition in your service medical records.

Now a couple things....

1. IVDS is not solely based upon bedrest, but if you were ordered convalescence leave in the military that does help to show it. The "catch -22" that is mentioned does not necessairily come into play depending upon how you initially filed your claim and where it is at now. Also, you state you have had 3 surgeries... the normal recovery time for a back surgery varies from 3 - 6 months... this also can be used to file for IVDS.

Please answer these questions as best you can... it really makes a great deal of difference in how you need to address your claim.

Also.. to infer or state that someoen is "missing out" if they dont file for a disorder THAT HAS NOT BEEN DIAGNOSED is clearly idiotic. The VA does NOT rate symptoms, it rates diagnosed illnesses, so before anyone can file ANYTHING, they need to relate their illness to a diagnosed condition, and not just shotgun a bunch of pointless junk that will both A. slow down the entire claim, and B. never get past a rater in the 1st place.

Rentalguy1 makes a VERY good point here.. and clearly states why he thinks what he does. So if you have a mood disorder - depression which is VERY common for back injury patients, you do have a path, but also...

Have you been diagnosed with any type of mood disorders and if not do you believe you might suffer from one?

Look up depression, and how it is often secondary to chroinic pain and see if you feel you have any of the associated symptoms. This will take some research on your part, but if you do find it so then we need to discuss that.

I am sick of people saying - you can file for this or that, when the person asking questions hasnt even said if the suffer from ANY kind of mood disorders. So, either give good advice people or shut the heck up... ALL YOU ARE DOING IS CONFUSING THE ISSUE AND SETTING UP A VETERAN FOR FAILURE.

Lets ask QUESTIONS first to see what the heck is actually going on perhaps? Doesnt that make the most SENSE...

Bad advice is worse than NO advice... so

TO ALL... lets get the facts, then advise the client OK?

again good post rentalguy... and you too jbasser. I have and am still very sick so have not been very active for quite a bit, but I am trying to get back into the scene slowly as my physical conditon allows. All of you who do not know me, well I am very skilled with back injury claims, and can hum the tune with most other stuff. If I dont know something my theory is to say it... but if I do I reference what I say to CFR 38 and M21-1MR. I am not a VA cheerleader, but badly prepared claims bog down the entire system, and shotgun claims are the worst of all, they can actually HARM the chances that a veteran can get compensation - so I am somewhat passionate about clear, well documented and well constructed claims that are bullet proof. I KNOW how to build those, I dont "shotgun".

(sigh) - yeah I ranted but something like that really PO's me.

Edited August 4, 2008 by sixthscents

[sixthscents]

While I was really upset by the advice someone offered here, he has been a VERY good poster and advocate. I have seen this persons other posts for a long time, and while I was pperhaps a "bit" upset by this one, he is normally very astute and gives very sound advice.

I was angered because in a 10 minute session I saw several posts that were similarly poor. Perhaps in this instance the poster misunderstood the facts and I SHOULD have taken that into consideration, BUT... I was not only speaking about this single post. Again, we cannot give advice without knowing the facts. "Shotgunning" a claim hurts both the veteran, and the other vets trying to get their claims thru.

So, I was not only speaking about this persons post but something I noticed that was widespread. Again this poster had been and is a very valuable resource to Hadit. I probably was more stern in my comments directed at him than I needed to be, but this is something that cannot continue. I was not ONLY speaking about this post but something that is happining all over the board. To give sound advice we must:

1. know as many of the facts as possible. if we dont ASK for them.

2. we must link illnesses to a diagnosis. the veteran MUST have a diagnosis of an illness or the VA will simply deny it.. and waste everyones time. pain is a symptom, not an illness... we MUST be clear that SYMPTOMS are not enough for a good claim. this is best both for the veteran health (since if they have a diagnosed illness they can get targeted care for these symptoms) and for their claims.

3. we must involve the veteran by making them a part of this process. I have filed many, literally hundreds of claims for veterans that I completely prepared. In many of these cases the veteran could have been more involved, but I simply did all the work. This teaches the veteran nothing, and if you - the advocate - become sick or are unable to continue these claims, the veterans are essentially helpless. I know this, because it has happened to me. we need to teach veteran HOW to file proper claims and lead them to where they can look up the necessary information. That way they can eventually continue their claim without you, and also hellp other thru what they have learned.

4. So while I took a very hard stance in what was said, I feel it was for a very important reason.

Bob Smith

[LarryJ]

"Also.. to infer or state that someoen is "missing out" if they dont file for a disorder THAT HAS NOT BEEN DIAGNOSED is clearly idiotic. The VA does NOT rate symptoms, it rates diagnosed illnesses, so before anyone can file ANYTHING, they need to relate their illness to a diagnosed condition, and not just shotgun a bunch of pointless junk that will both A. slow down the entire claim, and B. never get past a rater in the 1st place."

"So, either give good advice people or shut the heck up..."

In my defense, sir, I will post again the original post that I was referring to, and I stand by my statement, that if he is suffering from chronic pain, then he SHOULD file a claim for it. The ONLY reason I brought up the subject is the fact that many vets suffer from chronic pain and do not realize that there is a "specific" disorder that is "chronic pain syndrome" and chronic pain can and will cause OTHER disease processes, such as depression, etc.

So I will post what SSMAJIK had to say, then I will folow your kindly advice and, as you put it "shut the heck up...", for I have found that getting in a pissing contest with someone in authority, such as yourself, is somewhat akin to "pissing up a rope".

1.)Nerve damage in my lower back caused chronic radiating pain down through my right leg and foot; as a result, the muscles in these locations have deteriorated. Occasionally, I get the same pain in my left leg.

2.)Degenerative Disc Disease (Moderate to severe grade) has developed in both my cervical and lumbar levels of spine.

3.)Migraines that occur at least one every seven days due to the chronic pain and the difficulty to sleep. When I roll over at night, I experience intense radiating pain which contributes to the severity of the migraines.

4.)Spondylolisthesis/retrolisthesis (segmental instability) in my Lumbar and Cervical (Moderate to severe grade) spine has caused stiffness and pain, making it very difficult to move around.

5.)Scar from the microdiscectomy surgery approximately three inches in length and is sensitive to touch.

6.)Osteophytes and/or Bone-spurs in my Cervical and Lumbar spine (Moderate to severe grade) causing stiffness, pain, and risks further damage to the spine.

7.)Scoliosis also causes stiffness and pain.

8.)Bulging discs in my Cervical and Lumbar spine contributes to the severe radiating pain.

9.)Spinal Stenosis in my Cervical and Lumbar spine (Moderate to severe grade) which contributes to the severe radiating pain, stiffness, and numbness, in the right leg and foot.

10.)Facet arthropathy (Moderate to severe grade) in my Cervical and Lumbar spine and is contributing to the severe pain in my neck and lower back.

Thanks,

SSGmajik

[LarryJ]

Oh, just one other little item before I disappear.........if you DON'T file a claim, then how the heck are you ever going to get a diagnosis.....how the heck are you ever going to get a C&P?

But, hey, who knows, maybe a really kindly VA PCP will give you somekind of diagnosis, just off the cuff, during one of your PCP sessions.

Now, I'm outta here, y'all................