Spine Claim Questions

[rdnkjeeper]

I am new here and been reading information on this site for the last couple of days. There is so much information here that it has made my head spin. A little history so maybe someone can help me ask for the right things. I hit a towel bar in the military on my middle back and a few days later I was playing racketball and jumped to get the ball and went numb from my chest down. Spent three days on bedrest. I do have all the records supporting this. These injuries occured a few months before getting out. The Dr at my final physical told me to keep my mouth shut about my back, until I get got out and then put in a claim with the VA.

I got out and put a claim in with the VA, it took them about a year and service connected my middle back with chronic muscle spasms. I have been complaining about my back for years, but the VA didn't want to do anything. I opened a claim in June about connecting my lower back. I started noticing shooting pains down both legs for about a year before opening a claim. The VA got a new Dr at the clinic I go to. He said he reviewed my records and found that I have had back issues for years and what did any Dr say was wrong with my back. I told him muscle spasms....he then asked if I had had an MRI, told him no. He was shocked and order one right away.

The MRI showed that I have......(will type in the report and maybe someone will help me decode it)

Finding:

Thoracic spine: There is preservation of vertebral body height and alighment throughout the thoracic spine. The bone marrow signal is unremarkable. The thoracic cord demonstrates normal caliber and signal. There is a prominent central disc herniation at T9/T10 resulting in a mild indentation of the cord at this level. There is also a disc herniation, asymmetric to the right resulting in narrowing of the right portion of the thecal sac at T3/T4. Disc bulges are also present at T4/T5, T7/T8, T8/T9, and T11/T12.

Lumbar spine: There is preservation of vertebral body height and alignment throughout the lumbar spine. The bone marrwow signal is unremarkable. There is a loss of T2 signal within the L4/L5 and the space height at L5/S1. There is a focus of increased T2 signal within the posterior aspect of the L5/S1 disc compatible with annular tear. The conus ends at L1. No abnormal conal signal is present.

The L1/L2 and L2/L3 levels were not image in the axial plane but appear unremarkable on sagittal images.

L3/L4: There is a diffuse posterior disc bulge with bilateral facet hypertrophy in mild to moderate central canal and mild bilateral neural foraminal stenosis.

L4/L5: There is a left posterolateral disc herniation resulting in mild narrowing of the left lateral recess and mild left neural foraminal stenosis.

L5/S1: There is a central disc herniation resulting in mild central canal stenosis.

Impression:

Multilevel degenerative changes are present as described within the thoracic and lumbar spine.

Like I said my head is spinning so any help anyone can give me would be greatly appreciated. I plan on waiting until this claim is done then opening another or appealing depending on what happens. Sorry for such a long post, but I also need to know what to ask for. I don't know what I am entitled to. They are pushing for surgery on the T9/T10 one right now. I am really nervous because I am the only bread winner in my house and if I can't work after the surgery what am I going to do? I have not decided if I am going to have surgery or not, but it is getting harder and harder to make it through a shift at work.

Thanks everyone.

[rdnkjeeper]

I got called into work late last night to check on some things......I read the cities workers comp policy and it says right in there, not available because it is an existing condition. How can that be?

[rentalguy1]

Thanks for the great info, hollywood, and I think we are actually on the same page on this matter. I think rdnkjeeper does need to inform his employer of his back condition. I think he needs to be sure and have all of his ducks in a row first, though. The optimal situation here would be what happened to me, without my having to get the EEOC involved. My employer made simple, yet effective, changes to my job duties.

I was always the hard charger at work, and did my job, plus picked up the slack for all the "civilians" that worked there (if you know what I mean). Thus, it came to be expected of me to do practically everything at the water plant, including the duties of the superintendant in his abscence. When they initially learned of my back troubles, they balked. To their defense, though, my disability nose dived on me all at once. I was pretty much fine one week, then I had a "incapacitating episode" and was in bed for almost two weeks. Within a month after that, I was on a cane.

Once they realized that I was not a worker's compensation seeker, and that I actually still wanted to work and earn my pay, they backed off (that combined with a few phone calls from the EEOC). Of course this was after a two week suspension for what they called "insubordination," but the EEOC called "protected activity"). So, they took away what little bit of the manual duties that I had been doing and added more lab and computer work. This worked well, but my mood disorder started rearing its ugly head, and the only time I was really effective at my job was when I was alone, and then the pain hampered things.

So, even with the law and a union on his side, if his employer decides to buck the system, he can be up the creek for a few months until a EEOC mediator or a lawyer can sort things out. In other words, he could tell his employer about his back and they might freak out and fire him on the spot, regardless of the laws. He would eventually win his job back, or some form of worker's comp or disability, but none of this will do him any good in the interim.

In my opinion, the prudent thing to do at this time would be to not tell the employer immediately, but to keep the shop steward informed of his situation. This can be beneficial on two different fronts; it can give him time to save some money and pay off some bills in case the employer decided to disobey the law, and it could give his back time to improve. Neither of these things might happen, but it would be much better from a financial standpoint if he could wait a few months to announce the situation. Also, it would give him a jump start on what is likely to be the inevitable; medical retirement. That is the route that I had to take, and let me tell you, being 35 and having much of nothing to do sux. I can't wait for spring to get here so at least I can get the boat out and do some fishing

[rentalguy1]

I got called into work late last night to check on some things......I read the cities workers comp policy and it says right in there, not available because it is an existing condition. How can that be?

Worker's comp plans are administered through insurance companies. This is the case even if your city is self-insured like mine was. My city had the same policy.

[hollywoodnc]

I got called into work late last night to check on some things......I read the cities workers comp policy and it says right in there, not available because it is an existing condition. How can that be?

Please answer these Questions...

#1) How long have you worked on this job?

#2) When you first applied for this job, did your back bother you?

#3) When did your back start to bother you?

#4) Do you believe that your job had an effect on your back?

#5) Other than the DVA, did you see a doctor about your back?

[hollywoodnc]

Thanks for the great info, hollywood, and I think we are actually on the same page on this matter. I think rdnkjeeper does need to inform his employer of his back condition. I think he needs to be sure and have all of his ducks in a row first, though. The optimal situation here would be what happened to me, without my having to get the EEOC involved. My employer made simple, yet effective, changes to my job duties.

I was always the hard charger at work, and did my job, plus picked up the slack for all the "civilians" that worked there (if you know what I mean). Thus, it came to be expected of me to do practically everything at the water plant, including the duties of the superintendant in his abscence. When they initially learned of my back troubles, they balked. To their defense, though, my disability nose dived on me all at once. I was pretty much fine one week, then I had a "incapacitating episode" and was in bed for almost two weeks. Within a month after that, I was on a cane.

Once they realized that I was not a worker's compensation seeker, and that I actually still wanted to work and earn my pay, they backed off (that combined with a few phone calls from the EEOC). Of course this was after a two week suspension for what they called "insubordination," but the EEOC called "protected activity"). So, they took away what little bit of the manual duties that I had been doing and added more lab and computer work. This worked well, but my mood disorder started rearing its ugly head, and the only time I was really effective at my job was when I was alone, and then the pain hampered things.

So, even with the law and a union on his side, if his employer decides to buck the system, he can be up the creek for a few months until a EEOC mediator or a lawyer can sort things out. In other words, he could tell his employer about his back and they might freak out and fire him on the spot, regardless of the laws. He would eventually win his job back, or some form of worker's comp or disability, but none of this will do him any good in the interim.

In my opinion, the prudent thing to do at this time would be to not tell the employer immediately, but to keep the shop steward informed of his situation. This can be beneficial on two different fronts; it can give him time to save some money and pay off some bills in case the employer decided to disobey the law, and it could give his back time to improve. Neither of these things might happen, but it would be much better from a financial standpoint if he could wait a few months to announce the situation. Also, it would give him a jump start on what is likely to be the inevitable; medical retirement. That is the route that I had to take, and let me tell you, being 35 and having much of nothing to do sux. I can't wait for spring to get here so at least I can get the boat out and do some fishing :o

Hey rentalguy...

Even though there are employers that are more than willing to accommodate, there are those jackasses, that will retaliate.

That was the situation in MY case, and with an agency that's supposed to care for disabled people (Dept. of VA)!? They wasted more time, effort and taxpayer money LYING, than if they would have settled at the ADR! These are STUPID people!

I even pursued regional counsel for lying to the EEOC AJ! She no longer works there. (Hmmmm... TERMINATED?) I would imagine that Principi had something to do with it, because she violated her Code of Professional Conduct under the ABA!

Anyway, my case was a nightmare, because I didn't pre-plan, nor was I organized, and I had to present this to the most conservative court in the US...the 4th Circuit! I don't want anyone to go through, what I went through.

I'm in the process of writing a book about this crap to!

Anyway, I'm glad in your case that your employer accommodated you for your condition.

I hope that if rdnkjeeper has all his ducks in a row, that the city isn't stupid enough to pull a stunt. I don't think they would be, especially if he mentions MEDIA. That won't bode well with Veterans and/or disabled voters in his area!

heh, heh, heh...there's more than one way to skin a cat!

[rdnkjeeper]

Thanks for all the help so far. I am getting worse, but hopfully things will start getting better. To answer your questions.

1. 3.5 years

2. Yes and they knew I was a disabled vet, told them that during the interview, but I also said I don't let it slow me down. Now it is.

3. 1996, I just have a very high pain tolerance and ignore most of the pain.

4. I think my job helped to agrivate my back, but I don't think it "caused" it.

5. The DVA and my Chiropractor, but my chiropractor is getting paid by the VA. I don't know for how much longer.

If you need any other questions answered, ask away.

Thanks for the help.

Please answer these Questions...

#1) How long have you worked on this job?

#2) When you first applied for this job, did your back bother you?

#3) When did your back start to bother you?

#4) Do you believe that your job had an effect on your back?

#5) Other than the DVA, did you see a doctor about your back?