Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Back Claim

Rate this question


goose_716

Question

During original exam I was given 10% for lumbar strain but It states that there is no evidence of ankylosis or intervertebral disc syndrome. Recently this condition has become much worse and an X-ray was completed along with an MRI. In the X-ray results it states that there is a mild L5-S1 facet sclerosis and Mild convex right curvature of the lumbar spine. From what I have learned the mild facet Sclerosis is a degenerative condition of the spine. From the MRI it states that on the L5-S1 level there is a Central and mildly leftward small disc protrusion at the L5-S1 level may be impinging on the left exiting nerve root and Mild dehydrative changes of the L4-5 and L5-S1 disc spaces. It also states left side leg radiculopathy 4-6 months, it still continues. This would indicate evidence of an intervertebral disc syndrome that includes a bulging disc and a herniated disc. It also states in records that unable to assess lumbar A/P joint mobility secondary to pain and muscle guarding. ROM lumbar ROM was within normal limits in all planes but lumbar extension excerbrated his central LBP and return from forward flexion caused some muscular LBP. Couple things that stand out for me other then it is Intervertebral Disc syndrome so I assume it needs to be reclassified but will still remain 10%. I have seen from Rentalguy that Radiculopathy is rated at 10%. Is this seperate or is it just grouped into this in general. Was hoping to find out trying to keep things focused and not just throw a bunch of things at them

Link to comment
Share on other sites

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Welcome to Hadit.

You should try to get them to change the dx code to 5243 (IVDS) just because that is what you actually have now. It has degenerated into that condition, which is the normal path of the degenerative process. Just remember that (almost) all spine conditions are rated solely on range of motion. The less movement that remains in the spine, the higher the rating. If you have lost some range of motion since your last rating, then you should file for a increase. For the radiculopathy, it is rated seperately, under the appropriate dx code for the effected nerve(s). Sometimes the rater will hyphenate the dx code to show that the radiculopathy is related to the IVDS (5243-XXXX), other times they don't. That's not really a big deal,, just worry about getting it sc'd. If you don't have a diagnosis from a doctor of radiculopathy or sciatica, I would highly suggest getting one prior to filing the claim. You should not need it, but the rater pulled that card on me. If you have the dx up front that's one less trick they can play. If you haven't already, click on the Spine Claim Repository link in my signature for a lot more info. Good luck!

EDIT: radiculopathy can actually be rated much higher than 10%, especially for the sciatic nerve. What I have referred to in other posts is a note in the VA Training Letter on IVDS that states (paraphrasing) that raters should try to keep the radiculopathy rating to 10% except in the most severe cases. The actual highest rating listed in the criteria for sciatica is 60%.

Edited by rentalguy1

90%, TDIU P&T

Link to comment
Share on other sites

  • HadIt.com Elder

Goose:

Welcome to Hadit. Rentalguy gave some good advice.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Thanks for the information. I appreciate the help I will try and get them to change it to code 5243 and then in addition add radiculopathy for an additional 10%. It is diagnoased in my records as radiculopathy but what is that code or how do I find it I think if I remember it falls under 4.124a not sure how to relate it to a specific condition it states that it travels from back down buttocks to the left leg anyhelp would be greatly appreciated.

Link to comment
Share on other sites

  • HadIt.com Elder

Rentalguy

Considering your experience with back problems do you think it possible that if you have SC foot problems that might cause back problems as a result. I had the foot problems first and then developed the back problems. I have become more sedentary because of my feet and now my back hurts all the time.

Link to comment
Share on other sites

  • HadIt.com Elder

The way it was told to me by my PCP(s), ortho docs, and neuro docs is that "the foot bone is connected to the leg bone, the leg bone is connected to the hip bone, and the hip bone is connected to the back bone."

In other words, yes, foot disorders can lead to knee, hip and back disorders, and vice versa. You just have to get a ortho doc who looks the record over and agrees. My left foot plantar fasciitis is sc's secondary to both my sc'd knees and sc'd spine. My C&P examiner scathingly told the VARO that it is "common medical knowledge that orthopedic problems will always beget more orthopedic problems."

90%, TDIU P&T

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use