**********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]

Relax Larry. You know how we all can get when the pain or the meds drag us down. Heck, I just went off way worse than that on Teac a week or so ago. Bob's a good guy and just looking out for the vet's best interest, as are you. You both just have different ways of going about things.

As to a PCP giving a diagnosis; I can attest to it. You can ask, and you may have to sweet talk, but a lot of them will do it if it's a legitimate cause. The diagnosis doesn't have to be in the progress notes, either. It can be on one of the nexus forms that can be found here on this site. As a matter of fact, one of my few claims that was denied, had a nexus in the progress notes, and was totally overlooked by the rater. The rest of the nexus' came from the nexus form and all of them were mentioned in the decision to grant sc...go figure B)

[purple]

you have to have a dx prior to filing a claim. handing out dx's isn't the rater's jobs. and yes, your PCP should give you a dx or refer you to a specialist who can give you one.

i wouldn't dream of sending in a claim w/o a dx.

just my 2 cents worth.

[LarryJ]

No, you do NOT have to have a diagnosis before filing a claim.

I did not have a diagnosis before filing my FIRST claim. I KNEW what was wrong with me, I filed a claim, I went to a C&P, I got a diagnosis from the C&P examiner, I got rated, I got a check.

BINGO!

Funny how that works.

As far as "chronic Pain" NOT being a disease, but merely a "symptom", I will let the Code Of Federal Regulations speak for me:

Electronic Code of Federal Regulations or, commonly, e-CFR

Title 38: Pensions, Bonuses and Veterans Relief

Part 4 - Schedule for Rating Disabilities

Sub-part B - Disability Ratings

Appendix B to Part 4 - Numerical Indexx to Disabilities

Delirium, Dementia, Amnestic and Other Cognitive Disorders

9300 Delirium.

9301 Dementia due to infection.

9304 Dementia due to head trauma.

9305 Vascular dementia.

9310 Dementia of unknown etiology.

9312 Dementia of Alzheimer's type.

9326 Dementia due to other medical conditions.

9327 Organic mental disorder.

Anxiety Disorders

9400 Generalized anxiety disorder.

9403 Specific (simple) phobia.

9404 Obsessive compulsive disorder.

9410 Other and unspecified neurosis.

9411 Post-traumatic stress disorder.

9412 Panic disorder.

9413 Anxiety disorder, not otherwise specified.

Dissociative Disorder

9416 Amnesia, fugue, identity disorder.

9417 Depersonalization disorder.

Somatoform Disorders

9421 Somatization disorder.

9422 Pain disorder.

9423 Undifferentiated somatoform disorder.

9424 Conversion disorder.

9425 Hypochondriasis.

Mood Disorders

9431 Cyclothymic disorder.

9432 Bipolar disorder.

9433 Dysthymic disorder.

9434 Major depressive disorder.

9435 Mood disorder not otherwise specified.

I post this for the edification of those who rush to tell me how much they know about CFR 38

[LarryJ]

Relax Larry. You know how we all can get when the pain or the meds drag us down. Heck, I just went off way worse than that on Teac a week or so ago. Bob's a good guy and just looking out for the vet's best interest, as are you. You both just have different ways of going about things.

As to a PCP giving a diagnosis; I can attest to it. You can ask, and you may have to sweet talk, but a lot of them will do it if it's a legitimate cause. The diagnosis doesn't have to be in the progress notes, either. It can be on one of the nexus forms that can be found here on this site. As a matter of fact, one of my few claims that was denied, had a nexus in the progress notes, and was totally overlooked by the rater. The rest of the nexus' came from the nexus form and all of them were mentioned in the decision to grant sc...go figure B)

And, you can tell me to "relax" all you want to, after all, it wasn't you who were called "idiotic".

[rentalguy1]

Bob's words were too stern, just like mine were to Teac. He has apologized in a round-about way, though. You both have good points. While it is best to have a dx beforehand, it is not 100% necessary. I think that you got very lucky in gaining sc without a dx, becuase I was denied due to the lack of a dx os sciatica, even though I am rated for IVDS and the symptoms of bilateral sciatica were all over my medical records and the IVDS C&P report. I will, from now on, have both a dx and a nexus in hand prior to filing any claim.

Let's all resolve to follow Bob's advice, and either know beyond a shadow of a doubt what we are talking about when we post, or give the vet a disclaimer. We should also back up our posts with a link to, or a copy of, a reg or va manual when at all possible. B)

[jbasser]

In the future it would be a good idea to read the entire topic before we come in late on a topic and start to post.

We would have seen that the original poster was already Service connected at 50 percent for his Neck and Back issues. He was just asking for advise on wether or not he should seek an increase.

According to his issues, The answer is Definatly yes. His issues warrant an increase according to the regs.

Also the cfr also states that if a claim is filed, all issues must be looked at before rendering the first decision. That means is this Vet has a documented Pain disorder, Then it may have been looked at. Thses are not actually claimed disabilities, But are in fact listed in the Claims folder as Inferred claims.

We would all be suprised to see what the VA has inferred about us all.

Not that being said, lets keep on track and if we see something we dont like lets keep it off of the board.

Remember what we are here for. To take care of our fellow Vet brothers and sisters during a very stressful time of our lives. ALso remember that we are not in any means experts and that we are also human.

John