Secondary Conditions To Sc Spine Injury

[SSGmajik]

I filed for an increase, a couple new claims, and reconsideration on couple also. I had to file the reconsideration a little before I was ready, but I was almost at the 1 year deadline and did not want to file an appeal. If anyone can help at all with my duty to assist letter or any other advice I would appreciate it. Below is what I filed for........

First, here are my spinal conditions I am diagnosed with.........

1.) DDD

2.) Spinal Stenosis & Foraminal stenosis (at 9 levels)

3.) Bulging discs (at 7 levels)

4.) Retrolisthesis (at 2 levels)

5.) Spondylosis

6.) Osteophytes (at 4 cervical levels) Growing towards and touching spinal cord

7.) Facet Arthropathy (at 9 levels) Degenerative arthritis of the spine

8.) Schmorl's nodes (at 2 levels)

9.) Scoliosis

10.) IVDS

I've had 3 surgeries on my Lumbar spine and I'm scheduled to have another set of MRI's and meet with the Nerusurgeon to discuss my 4th one in the next 30 days. I'm currently 40% for my Lumbar and 10% for my scar since the scar tissue is now attached to my sciatic nerve.

Increases

1.) Adjustment disorder (Current rating 10%)

2.) Cervical condition with degenerative changes (Current rating 10%)

New Claim

1.) Bilateral knee condition secondary to Lumbar spine condition

2.) Chronic fatigue syndrome secondary to Lumbar spine condition

3.) Chronic Pain disorder secondary to Lumbar spine condition

4.) Frequent urination secondary to Lumbar spine condition

5.) Right ankle condition secondary to Lumbar spine condition

Reconsideration

1.) Migraines secondary to chronic pain

2.) Radiating pain down right leg with nerve damage (According to EMG)

My doctors have flat out told me that I'm a very difficult case because there is so much going on and that I have a bad back of an 80 year old! I am in so much pain daily and it is affecting my life and family. I now have a 5 month old that I have a hard time even holding him. How can I be a good father to him when I can't hardly move. I don't know how much longer I can keep this fight up with the VA. I need help and appreciate anyones help or advice.

Thank You,

SSGmajik

[carlie]

SSGmajik,

You posted,

"I filed for an increase, a couple new claims, and reconsideration on couple also. I had to file the reconsideration a little before I was ready, but I was almost at the 1 year deadline and did not want to file an appeal."

What level have you filed for reconsideration at, VARO or BVA ?

carlie

[SSGmajik]

Carlie,

I filed at the VARO level.

[SSGmajik]

Can anyone give any guidance for who I should use for an IMO? Dr. Bash is too expensive and too far away. My Doc at the VA has put in my records that my conditions (below in earlier post) are more than likely caused by my SC spine injury. Is that enough or should I have several Doc's in specific areas also state the same. Should I file TDIU or do I have to be 70% first? Any help is appreciated.

SSGmajik

[luvHIM]

SSGmajik you've indicated:

I've had 3 surgeries on my Lumbar spine and I'm scheduled to have another set of MRI's and meet with the Nerusurgeon to discuss my 4th one in the next 30 days. I'm currently 40% for my Lumbar and 10% for my scar since the scar tissue is now attached to my sciatic nerve.

What condition are you 40% for? For example, I am 40% for chronic lumbosacral strain with ankylosing spondylitis

Increases

1.) Adjustment disorder (Current rating 10%)

2.) Cervical condition with degenerative changes (Current rating 10%)

What info is in your VAMC pertaining to these two conditions? Have they gotten worse, in your doctor's opinion? I did not have an IMO from anyone like Dr. Bash. My treating physicians annotated in my records their opinions and my community rheumatologist wrote out her opinion.

New Claim

1.) Bilateral knee condition secondary to Lumbar spine condition

2.) Chronic fatigue syndrome secondary to Lumbar spine condition

3.) Chronic Pain disorder secondary to Lumbar spine condition

4.) Frequent urination secondary to Lumbar spine condition

5.) Right ankle condition secondary to Lumbar spine condition

Has a doctor indicated in your medical records that these conditions are secondary? I filed a claim for my knees as secondary to my chronic lumbar spine condition and was denied.

I also filed a claim for bilateral foot condition as secondary to sc spine condition and was denied. So, I don't know what to tell you on that except that your doctor(s) need to show a link between them and your sc spine condition, which they are not always willing to do. In my case they did, and I was still denied. So, not sure how to rightly respond to this section without coming across as a no win situation.

Reconsideration

1.) Migraines secondary to chronic pain

2.) Radiating pain down right leg with nerve damage (According to EMG)

Again, has a doctor diagnosed the above conditions and has he/she indicated that they are related to service in any way? Has a doc stated that the migraines are secondary to chronic pain? Has a doc diagnosed your right leg pain and indicated that it is related to service or secondary to your sc condition?

Not sure if you have been asked these questions, yet. But aside from evidence, presentation is also a huge factor. In additon to the fact that you have many different claims happening at one time...I don't see where the diagnosed conditions are statements being generated by your doc.

If your treating physicians are in agreement with everything you've shared with us...you shouldn't need an IMO from Dr. Bash. You need an IMO when the doctors are not in agreement and if/when they are refusing to indicate an inservice nexus.

Oh yeah, almost forgot...Yes, you should file for TDIU.

Edited May 12, 2009 by luvHIM

[SSGmajik]

luvHim,

My Doctors have annotated in their notes that my conditions I filed for were "more than likely" caused by my SC spine condition. I don't have my records in front of me right now, but I have read them and I made sure the Doctor put "more than likely" if it was related to my SC spine injury. I hope this is enough evidence, but with the VA I never know.

What form do you use to file TDIU? I am currently working, but it hurts and I have missed a lot of work. Do I have to be unemployed to file?

Thanks for the help!

SSGmajik

[broncovet]

Staff Sargent Majik

IMHO more IMO's will not help you..one docs opinion that your condition was most likely due to military service is enough upon APPEAL since the Va regurarly denies deserving Veterans the first time.

YES, I would file for IU, do not worry about the percentages, let the VA worry about that. They can increase the percentages if you are unemployable. It means only that you have been lowballed. However, if you told your VA doctor, and its in your medical records, that you are unemployed, THAT is an informal claim for IU. In that case, then send the VA a SECOND REQUEST claim for IU, making sure you tell that that your first request was at the docs office 8 years ago. A second request would be done on a 21-4138 stating that you are AGAIN applying for IU since your first application for IU was at DR. VAdenyspecialist was not considered and probably shredded. See Roberson at:

http://www.ll.georgetown.edu/federal/judic...ns/00-7009.html

In an appeal, I recommend a DRO review. Reason: The DRO review, tho not necessary, is one more set of eyes that can award your claim. They can deny it also, but you can still appeal at the BVA and you are no worse than you were before. DRO hearings, IMHO, take too long and do not increase your chances over/above DRO review. Yes, it may make you feel better that you "got to speak your peace" in front of the DRO review officer, but if you need that, then go to your shrink and tell him all about it.

If you want to win your case, however, I doubt that you will get much sympathy from the DRO hearing officer. The VA does not listen/beleive a word we say anyway, we have to prove every single word, so your presence at a DRO hearing makes no sense to me in light of how long it takes to schedule a hearing. If I told the DRO review officer "Good morining" he would need statements from at least 3 people, notarized, that opinioned that the morning, was at least as likely as not "good". He would also require proof, that it was, in fact, morning. If I was unable to obtain statements that it was a good morning, then my claim would be denied because they would be unable to verify my statements.

Edited May 13, 2009 by broncovet