Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

New C&p Today For Lower Back

Rate this question


jessie0054

Question

My son had his C&P today for his NOD for his lower back. We filed a NOD last November due to an the last Examiner failing to do a ROM testing at all let alone with the goniometer and not giving a true picture of his disability. A lot of false statements.

To refresh my son had back surgery for 2 herniated disk with a large chunk of the disk had embedded into the L5-S1 nerve. He has a 2 level Fusion with stabilitation rods and screws and has Ankylosis of the spine fixed in a netural position and continued Radicular pain.

For this was was givin a 10& rating.

I think he failed the ROM testing today because he couldn't bend forward from the waist at all, Only bending was from the chest forward. He also could turn side to side and when he tried to bend backwards he fell and the examiner catch him before he hit the ground. I think the examiner felt there was no need to finish because he told my son, Oh, That's not good.

So i wonder how the rater will rate him now??

Jessie ;)

Link to comment
Share on other sites

  • Answers 18
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Hello all,

I retired from the USAF in 2000. I got 10% lumbar, 10% thoracic spine and 10% right knee. Over the years since retirement I have had back pain, leg numbness with stabbing burning pain, etc. I finally got tired of the pain and went to a civilian orthopedic doc. After MRI, X-ray and CT scans I was diagnosed with severe spinal stenosis.

I also had L4-S1 fusion surgery. I had surgery on 14 May 2007. I filed for an increase in compensation in September 2007. Less than a month ago I got my rating decision back from my request for an increase due to limitations in mobility, pain, convalescence. I got 100% for 3 months, June through August 2007, and was then reverted back to the original 10% effective 1 Sept 2007.

I have not been released by my doctor to return to work since my surgery. I still have the same conditions as prior to surgery and the spinal stenosis is now progressing further up my lumbar and thoracic spine as evidenced by a CT Myleogram I had in December 2007. In addition, I now also have cervical spine problems causing loss of feeling and dexterity in my hands. However, my neck was not service connected at retirement.

I had a C&P in December 2007 for my back. I now have another C&P on 21 August 2008 for my back. Hopefully I will see some sort of increase after this exam. Thanks for listening!!!

Link to comment
Share on other sites

scorned,

Welcome aboard. Sure hope you get your increase.

There are different threads in the Forum and more people

would get to read your post if you were to post it

under as a New Topic.

carlie

Link to comment
Share on other sites

You should get your own opinion that you pay for yourself and not rely on the VA. If you are in constant pain I don't know how you only rate 10%. Who decided you were an addict? There is a hell of a difference between developing a dependence and addiction to opiates. Anyone who takes opiates has a tolerance. That is not the same thing as addiction. Addiction is a pyschological condition and a disease in and of itself. Does the VA claim they cured your addiction since they caused it?

John999:

The Va was the one who said he had an addiction to his pain medications and they treated him for it,

Cured?? i know he now wouldn't touch a narcotic for fear of becoming addicted. Again

He has also been treated with 2 nerve blocks in the last 3-4 months to try to get some relief from the pain, But that was short lived.

Jessie

Link to comment
Share on other sites

jessie: The rating will remain at 10% based upon the criteria in 38 CFR 4.71a:

Forward flexion of the thoracolumbar spine greater than 60 degrees but not

greater than 85 degrees; or, forward flexion of the cervical spine greater than

30 degrees but not greater than 40 degrees; or, combined range of motion of

the thoracolumbar spine greater than 120 degrees but not greater than 235

degrees; or, combined range of motion of the cervical spine greater than

170 degrees but not greater than 335 degrees; or, muscle spasm, guarding,

or localized tenderness not resulting in abnormal gait or abnormal spinal

contour; or, vertebral body fracture with loss of 50 percent or more of the

height 10

They may be kind and increase it to 20% based on functional loss upon repetative motion, but don't look for it. Constant pain is not one of the current ratable criteria, even though it should be. Wish I had better news.

Rentalguy:

Thanks, I was hoping for better news!!

I thought that having the spinal fusion and Ankylosis causing a fixation of the spinal segments in a neutral position would be worth more than a 10% rate not to mention the level of daily pain.

Jessie

Link to comment
Share on other sites

Good Moring everyone: This is a good day!!

I just got off the phone with my son and he had just gotten a call from his Service Officer.

The Nod paid off!!!!

He was granted 40% on his back and 20% for the radiculopathy to his right lower leg. Reto back to March 2006.

I don't have enought THANK YOU'S for the member's of Hadit.com. With out you we couldn't have done this. I am so very gratefull to you all.

This couldn't have come at a better time as he and my 11 year old grandson were in a headon Collison on Sat. night coming home from dinner.

Again Thank You, from the bottom of my heart and his too.

Jessie

Link to comment
Share on other sites

Great news about the claim. :lol:

Hope they are ok from the car accident. ;)

Good Moring everyone: This is a good day!!

I just got off the phone with my son and he had just gotten a call from his Service Officer.

The Nod paid off!!!!

He was granted 40% on his back and 20% for the radiculopathy to his right lower leg. Reto back to March 2006.

I don't have enought THANK YOU'S for the member's of Hadit.com. With out you we couldn't have done this. I am so very gratefull to you all.

This couldn't have come at a better time as he and my 11 year old grandson were in a headon Collison on Sat. night coming home from dinner.

Again Thank You, from the bottom of my heart and his too.

Jessie

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use