What Should I Do?

[pilgrim01]

I retired in Nov 08. I filed for disability under the "pre-discharge program" in mid-August. One of my claims is that I had a problem with "tingling/numbness" from lower back down the back of my right leg to my foot. I haven't received a decision yet, BUT I had to go back to the doctor last week because the numbness/tingling had came back again. I had an X-RAY done on my lower back. The results were as follows....

"Lumbar vertebral bodies display normal height and alignment. Disc space narrowing is moderate and in extent at L5-S1. Multilevel spondylosis is seen. The sacroiliac joints appear within normal limits. The L5 vertebral body appears partially sacralized bilaterally."

Now, the doctor schedule me for a MRI so she can see if this "problem" is pinching a nerve or something. She also put me on Celebrex and Neurontin.

Should I wait until a decision is made on my current claims and then appeal or submit now? I don't know what to do? My current claim just says "foot numbness condition" for this condition. Please help and Thanks! Below is my IRIS responses....

On Feb 3rd the IRIS response said......

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After review of your files, we see that your claim is “Ready for Decision.” Your claim is with the rating specialist at this time. Generally the rating specialist will take 60 days to reach a decision. After the decision is reached, it is reviewed, updated in our system, the updates are reviewed and authorized. Once it is authorized, a letter is sent to you explaining our decision.

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And on Feb 23rd the IRIS response said......

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This message is in response to your inquiry regarding the status of your claim. Your claim went to the Rating Board on December 4, 2008. The Rating Board will review your file and make a decision on service connection and disability percentages. We are unable to give you a timeline when they will review your file as we do not know their caseload. After a rating has been established, your file will go to the authorization department for verification and review.

Once you have been approved a rating you will be paid retroactively from the date of your claim for any benefits you may be entitled to based on your rating. We appreciate your patience and understanding as we work our way through the claims processing procedures. You will receive notification via US mail once your claim has been finalized. Your notification letter will explain our decision in detail.

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[pilgrim01]

Berta, I agree with you. I found this board after I submitted (AMVETS actually submitted it). AMVETS are the ones that filled in the form. I just gave them the dates and they confirmed while looking in my medical records, but I do agree with you. The term "condition" is very vague. I don't know what to say. I was ignorant to the whole claims process then. I am more aware now (after the fact and thanks to this board).

[pilgrim01]

Or are you saying that since it is vague, that it helps?

Your claimed disability is very vague-this information might help the claim.

I firmly believe that a vet should submit anything at all during the claims process that could help the claim be properly awarded.

[Berta]

I have seen countless cases at the BVA whereby the vet rep used vaque terms to describe the disability.It Never helps the claim.

The medical diagnosis must be in precise medical terms.

I had a DIC case once where the rep from the VVA had put Brain tumor as cause of death on the application.The DIC claim was denied due to not being "well grounded".This was a long time ago.

The death certificate contained the exact wording of the cause of death.The autopsy also fully described the brain tumor.As well as MRIs.

After researching the extensive medical terminology (No google in those days-I did this at local hospital libraries) I found that the veteran's specific type of tumor was a slow growing tumor and that he had exhibited behavior during his second period of military service that became profoundly diffrent from the first service period.

There were discipline reports in his 201 files.

The widow obtained a IMO and re-opened her claim with it.

The veteran's brain tumor more than likely manifested itself during his second period of service because his behavorial changes were consistent with this type of brain tumor.This was a non cancerous tumor but capable of growing and causing significant behavioral changes as it grew.

She was awarded DIC.

Vagueness never helps a claim.

Has the VA in the VCAA letter re-stated what they are considing this disability to be?

[pilgrim01]

"Has the VA in the VCAA letter re-stated what they are considing this disability to be?"

I'm sorry. I don't understand your question because I don't know what VCAA is.

I have seen countless cases at the BVA whereby the vet rep used vaque terms to describe the disability.It Never helps the claim.

The medical diagnosis must be in precise medical terms.

I had a DIC case once where the rep from the VVA had put Brain tumor as cause of death on the application.The DIC claim was denied due to not being "well grounded".This was a long time ago.

The death certificate contained the exact wording of the cause of death.The autopsy also fully described the brain tumor.As well as MRIs.

After researching the extensive medical terminology (No google in those days-I did this at local hospital libraries) I found that the veteran's specific type of tumor was a slow growing tumor and that he had exhibited behavior during his second period of military service that became profoundly diffrent from the first service period.

There were discipline reports in his 201 files.

The widow obtained a IMO and re-opened her claim with it.

The veteran's brain tumor more than likely manifested itself during his second period of service because his behavorial changes were consistent with this type of brain tumor.This was a non cancerous tumor but capable of growing and causing significant behavioral changes as it grew.

She was awarded DIC.

Vagueness never helps a claim.

Has the VA in the VCAA letter re-stated what they are considing this disability to be?

[sharon]

Should I also send the results from the x-ray, too? I have those.

So send the results of the MRI to reopen that particular claim? What will that do to my whole claims process? Will it start over or will they rate my other claims and hold off and re-work this particular one?

Yes, when you get the results send them in. This is if they are favorable to you! Never send information that doesn't help you. Your claim will go back to the rating board. If your claim was in the regular rating system it would cause complications, however, BDD is a whole different animal.

Back conditions are based on range of motion. Pain is worth 10%.

[pilgrim01]

I got it. Send in my xray results and my MRI results when I get them. I didn't know it was okay to send in the results if they were not from one of the doctors they (VA) sent me to. The results will all be from on a military installation.

Should I also send the results from the x-ray, too? I have those.

So send the results of the MRI to reopen that particular claim? What will that do to my whole claims process? Will it start over or will they rate my other claims and hold off and re-work this particular one?

Yes, when you get the results send them in. This is if they are favorable to you! Never send information that doesn't help you. Your claim will go back to the rating board. If your claim was in the regular rating system it would cause complications, however, BDD is a whole different animal.

Back conditions are based on range of motion. Pain is worth 10%.