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.

[hollywoodnc]

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

REPLY: OK...you've been there a little while. I can see 3 yrs contributing to your back.

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.

REPLY: VERY GOOD! You are known to be somewhat disabled by your employer.

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

REPLY: OK.

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

REPLY: Then after 3.5 years, you have developed an Occupational injury. This qualifies you for treatment under W/C, since you were fine when you first started your job! Your condition WORSENED, due to your job (walking, standing, bending, twisting, lifting).

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

REPLY: OK. It appears that you only receive temporary relief from this sort of treatment.

If you need any other questions answered, ask away.

Thanks for the help.

1. 3.5 years

REPLY: OK...you've been there a little while. I can see 3 yrs contributing to your back.

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.

REPLY: VERY GOOD! You are known to be somewhat disabled by your employer.

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

REPLY: OK.

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

REPLY: Then after 3.5 years, you have developed an Occupational injury. This qualifies you for treatment under W/C, since you were fine when you first started your job! Your condition WORSENED, due to your job (walking, standing, bending, twisting, lifting).

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

REPLY: OK. It appears that you only receive temporary relief from this sort of treatment.

I don't want to seem rude with this next question, but it will help with my next advice, but

How old are you?

Edited January 9, 2009 by hollywoodnc

[rdnkjeeper]

35, married, 4 kids, Cold really makes it worse, heat helps. Wife was laid off a few years ago and can't find anything since. Figured I would fill some other stuff in. My name is Bernie too.

[Stretch]

It really comes down to what a person wants to do and can do.

[SFCTRUCKDRIVER]

can anyone help me figure this out.

the disability reg states 60% based on this many days in bed under physicians care,

40% for this many days,

30% for this many

etc, etc, etc,

does this cover time spent after surgury for vertebrae fusion?

thanks

erich

[cowgirl]

Bump. SFCTruckdriver needs individual help for spine question; anyone to help?

Thx, Cg

can anyone help me figure this out.

the disability reg states 60% based on this many days in bed under physicians care,

40% for this many days,

30% for this many

etc, etc, etc,

does this cover time spent after surgury for vertebrae fusion?

thanks

erich

[hollywoodnc]

35, married, 4 kids, Cold really makes it worse, heat helps. Wife was laid off a few years ago and can't find anything since. Figured I would fill some other stuff in. My name is Bernie too.

Good Morning Bernie...

GEEZ, are you in a predicament or WHAT!? I can see now why you don't want to mention anything to your employer! I mean, 4 children, wife can't find work due to a depressed job market, a cold and harsh climate, being on the verge of throwing your back out completely (due to cold humid weather and work)...

One false move, and ?????.

But at what cost? Your health? Who will support your family if you become incapacitated, from your back giving out altogether?

Quite honestly, you sir, are in a pickle.

Your situation CLEARLY changes the game plan. It wouldn't be a bad idea to have your entire family devise, a future plan!

Don't take this personal, but I'm going to be quite BLUNT here...

IF something were to happen to you,let's say, in the next year, where would your family be?

As we see here, the DVA doesn't give a DAMN about you/us!

Do you qualify for State disability?

Will you be evicted or go into foreclosure?

Will this hardship cause you to divorce?

Has the idea ever crossed your mind to move out of the colder, and more expensive Michigan, for a more suitable warmer climate, that won't be so harsh on your condition or finances?

Do you believe that you would qualify for SSDI? Is your condition severe enough, whereas you would not have to partake in a hearing?

Berta is absolutely RIGHT, to apply for Social Security Disability!!! I concur!

If I were you, I would seek advise from a Social Security Atty. ASAP.

The consultation should be free for the visit. They normally do not charge, until you win your case.

Bernie...BRING EVERYTHING documenting your condition(s), no matter how trivial you may deem it!!! Your age is an issue with Social Security. I was 45, when I applied, and I was denied a few times, in part, due to this.

If you DON'T have a recent MRI...

Go to your local VA clinic/hospital, and insist on an updated MRI as evidence for Social Security. If the VA drags it's ass (as it normally does), then take whatever insurance that you have, and get a private doctor to set an appointment to get it done!

I received SSDI primarily based on my spinal conditions, without a hearing, all do to a recent MRI submitted as evidence.

If you are awarded SSDI, you can use the award letter as additional evidence for a TDIU claim with the DVA.

The clock is ticking, as your condition grows worse...

If you cannot bear the pain any longer, you will HAVE TO apply for Worker's Comp, and it will be based on an 'Occupational Injury'. The basis, is due to repetitive motions from your job, on a pre-existing condition. I know it's a sh*tty thing to do, but, what are your alternatives?

Looking into the future...

Now, assuming things go as planned, and you do qualify, keep in mind that SSDI, WILL NOT pay as much as your job did. However, you MAY also qualify for SSI.

It would be more beneficial for you to actually move out of the colder, depressed environment of Michigan, for warmer temperatures and opportunities for both you and your Wife. As you may be aware, companies have and are migrating to other parts of the country due to the depressed job market, colder temperatures and the cost of living in Michigan.

Based on the presumption that you qualify for SSDI/SSI, the "Bulk" (retroactive pay) check, should allow you to make such a major move.

Now, it wouldn't hurt for you and your Wife to start pre planning for such a move.

Check out the different States and their job situations online, population growth, costs of living, and overall climate that you feel you can tolerate.

Whatever you do, DO NOT let depression set in. THINK and PLAN with a cool head and clear mind.

Don't let some bureaucratical scumbag ruin your life either...kick the door open and demand that your rights are adhered to.

WE at HADIT, have HADIT, and won't be kicked around by Gov't. Jerkoffs anymore!

Bernie, don't hesitate to send me an email, if you have any questions or concerns.

BTW...Being that our scumbag congress recently passed a $4000.00+ pay raise, make this SOB, earn his/her pay!

We are all in this together, and will give any advise possible to help.