I Am Not Just Angry

rdnkjeeper · January 26, 2009

I am pissed. (Sorry, but I am)

I got my award letter today. They said that everything has stayed the same so they are leaving me at 20% for "low back strain". For those that missed it I have 4 herniated discs, 5 bulging discs and a bunch of other stuff according to my MRI. I can hardly do my job, I can barely live day to day. But the dang doctor I saw lied his butt off. Said no pain, no sciadia (sp?), and a bunch of other stuff, but I do have that stuff. So I am going to get a report from the neuroligist and a few other people and send down a NOD, but I am actually thinking about filing a CUE. My chiropractor is pretty POed when he reviewed all my medical records and said why didn't they treat you for the numbness in you butt and stuff. I said I don't know. There is also a note in my medical records suggesting an MRI, when I saw a Doctor at my local clinic, she said it is just a "Mechanical Back".

Any advice? I have to wait until after the Neuro appointments before I do anything. I am actually thinking about hiring an attorney.

broncovet · February 1, 2009

Has anyone ELSE felt the VA is "doctor shopping" to find a C&P examiner to opine that a Vets claim should be denied?

My "regular" doctors (who have been treating me for 7 years) have offered the opinion, essentially, that I am entitled to TDIU. However, my C&P doc, who met me LESS THAN one hour, READ THEIR records on me, and suggests that my rating is too high and should be reduced.

Guess which opinion the VA cites in the decisions..the Vets regular doc (7 years) or "one hour photo" doc...yea..they go with the "one hour doc"...because it fits their agenda of the 3 D's.

Sure..we can appeal this decision. But where do we send the NOD? The Regional Office who is the fox guarding the chicken house. So, what does the RO "do" with my NOD? File a SOC? No. The RO waits 4 years..until I get so mad that I file a writ of mandamus demanding action.

Then, in the "Secretary's response" to the Writ, the RO manager states that my NOD was "interpreted as a claim for benefits".

I dont blame you for being mad.

hollywoodnc · February 3, 2009

I am pissed. (Sorry, but I am)

I got my award letter today. They said that everything has stayed the same so they are leaving me at 20% for "low back strain". For those that missed it I have 4 herniated discs, 5 bulging discs and a bunch of other stuff according to my MRI. I can hardly do my job, I can barely live day to day. But the dang doctor I saw lied his butt off. Said no pain, no sciadia (sp?), and a bunch of other stuff, but I do have that stuff. So I am going to get a report from the neuroligist and a few other people and send down a NOD, but I am actually thinking about filing a CUE. My chiropractor is pretty POed when he reviewed all my medical records and said why didn't they treat you for the numbness in you butt and stuff. I said I don't know. There is also a note in my medical records suggesting an MRI, when I saw a Doctor at my local clinic, she said it is just a "Mechanical Back".

Any advice? I have to wait until after the Neuro appointments before I do anything. I am actually thinking about hiring an attorney.

Hey rdnkjeeper!

The DVA giving you a hard time again?! OK... I'm going to ask you a few questions...

#1) Is your back ailment Service Connected DIRECTLY?

#2) If NO to #2), do you have lower extremity problems that are Service Connected?

#3) Do you walk with a Antalgic Gait (limp)?

#4) Do you feel that you gait contributed to your spinal conditions?

#5) Do you have a Leg Length Indifference/Inequality (LLI)?

rdnkjeeper · February 3, 2009

Hey rdnkjeeper!

The DVA giving you a hard time again?! OK... I'm going to ask you a few questions...

#1) Is your back ailment Service Connected DIRECTLY?

#2) If NO to #2), do you have lower extremity problems that are Service Connected?

#3) Do you walk with a Antalgic Gait (limp)?

#4) Do you feel that you gait contributed to your spinal conditions?

#5) Do you have a Leg Length Indifference/Inequality (LLI)?

#1) 20% low back strain

#2) Both Knees are service connected at 10%

#3) Depends, sometimes yes and sometimes no

#4) No

#5) Usually when they look my hips are out of alignment and one leg is longer than the other then. (both my PT and Chiro have noticed it)

Alb · February 3, 2009

Has any one had a C&P done at VA for back or neck (sprain/DDD) and when awarded the VA did not even use the results of the C&P to come up with a disability percentage? I had a C&P done where they did not use their own exam. They ended up using an exam that was done at Physical Therapy, just so they could give me a lower rating. Can I appeal this and let them know that the C&P exam done at the VA was the latest exam results, which would give me a higher rating because of less ROM.

Chuck75 · February 3, 2009

I'd get an opinion as to the adequacy and effacy of whatever treatment you received at the physical therapy center. If they, on paper, are misdiagnosing the severity of your problems, there is a strong likely hood that they are under treating or mistreating you. If so, there are further actions/options that you may elect to take. (Use a bigger hammer)

Has any one had a C&P done at VA for back or neck (sprain/DDD) and when awarded the VA did not even use the results of the C&P to come up with a disability percentage? I had a C&P done where they did not use their own exam. They ended up using an exam that was done at Physical Therapy, just so they could give me a lower rating. Can I appeal this and let them know that the C&P exam done at the VA was the latest exam results, which would give me a higher rating because of less ROM.

hollywoodnc · February 4, 2009

#1) 20% low back strain
#2) Both Knees are service connected at 10%
#3) Depends, sometimes yes and sometimes no
#4) No
#5) Usually when they look my hips are out of alignment and one leg is longer than the other then. (both my PT and Chiro have noticed it)

OK...

If you have knee problems, than you have a gait. Who told you that your gait didn't contribute to your deteriorating problem? They're full of sh*t!

On #5 you clearly show an LLI. THIS in itself throws your pelvis out of line.

You obviously have a obliquity that is proximate to your spinal ailments, in particular Lumbar.

See and LEARN the following:

http://www.orthospine.com/tutorial/comps_v...k_leg_pain.html

http://www.stjohn-clarkptc.com/html/articles.htm

http://www.optfunction.com/health_conditions.html#35

"Leg Length Differences - Many practitioners have associated a difference in the length of the legs with low back pain. When a patient has a short leg, it's called a leg length inequality (LLI). The idea is that shorter leg indicates an asymetrical pelvis, spine or sacroiliac joint which may cause unequal forces to be distributed to the low back and thus leads to pain. There are some well done medical studies on this question. None have found an association between a short leg and low back pain."

Even though the last sentence states that "None have found...", I truly believe that when an individual walks with a gait, each step taken is creating Pelvic tilt. You Sacral Vertebrae is stationary, yet L/5 is in constant movement, and subject to wear and tear. Additionally, if you limp enough, leg/thigh muscles are effected, and are attached to both the pelvis plate (girdle) and you spine.

ALL take their toll to gait. Figure out if you have a Antalgic, waddling, step gait. This is a science that a lot of practitioners are not familiar with...Kinetics or BioMechanics.

Here are some more sites...

http://www.feinberg.northwestern.edu/depts...oleofspine.html

http://www.motionanalysis.com/html/temp/backsurgery.html

http://yourtotalhealth.ivillage.com/gait-d...tml?pageNum=1#1

http://www.ohsu.edu/ohsuedu/healthcare/pai...al-stenosis.pdf

You have some major reading to do. You MUST learn and convince yourself that gait has contributed to your conditions in your back.

Best of Luck to You!