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Intervertrbral Disc Syndrome?

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blackbird

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Hello fellow vets,

I'm supposed to be having a second c&p exam soon for Degen. Disc Disease. Since being disgnosed in 1996 I often have flare-ups of severe pain that may last from 3 to 7 days each episode, caused by inflamation to a damaged nerve. When these happen I have to go to bed and take pain meds, usually dilaudid, to get any relief until the damaged nerve settles down. Over the past year I have been in bed with this problem between 8 to 12 weeks, combined, taking the meds that the surgeon prescribed for these flare-ups.

My question#1 Can anyone tell me if the examiner, after hearing the above, is the one that changes the code to Intervertebral Disc Syn. or do I have to request to be rated that way? I have searched but haven't been able to answer this.

#2 If he does change the code to IDS, would the five cervical disc surgeries I've had since 2001 to fuse 5 discs come into the rating since they are from Degen. Disc Disease? The cervical problems started 5 years after the initial injury to my back that started the DDD.

Thanks for your help!

blackbird

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  • HadIt.com Elder

Yeah, you don't necessarily need a in service event to prove sc. Lots of guys hurt their backs while on active duty and then don't even realize it for a few days. Then they go on sick call and tell the doc, "my back hurts." When the doc asks them what they've done to cause it, the usual answer is "I don't know. It just started hurting this morning." This is basically what your case would look like in your SMR's. They screwed up big on this one. If you have records showing treatment for something in service, it should be automatic to get it sc'd. The longer you wait after you ets, the harder it gets, so that could be the game they are playing with you. They may be saying, "well it didn't bother you for ten years after you got out of the service, why should we pay you now?" Don't let them play this game, either. Refer them to their own training letter on IVDS, which can be found in the spine claim repository. DDD is a strange animal in that it can take years or decades to present itself after the initial trauma. The initial trauma can be so slight as to not even be noticed, but it starts the degenerative process all the same. They know all of this, but they also know what they have gotten away with in the past. You'll get them on this, just gonna take some time and patience.

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Yeah, you don't necessarily need a in service event to prove sc. Lots of guys hurt their backs while on active duty and then don't even realize it for a few days. Then they go on sick call and tell the doc, "my back hurts." When the doc asks them what they've done to cause it, the usual answer is "I don't know. It just started hurting this morning." This is basically what your case would look like in your SMR's. They screwed up big on this one. If you have records showing treatment for something in service, it should be automatic to get it sc'd. The longer you wait after you ets, the harder it gets, so that could be the game they are playing with you. They may be saying, "well it didn't bother you for ten years after you got out of the service, why should we pay you now?" Don't let them play this game, either. Refer them to their own training letter on IVDS, which can be found in the spine claim repository. DDD is a strange animal in that it can take years or decades to present itself after the initial trauma. The initial trauma can be so slight as to not even be noticed, but it starts the degenerative process all the same. They know all of this, but they also know what they have gotten away with in the past. You'll get them on this, just gonna take some time and patience.

I think your'e right, it may take some time. I'm the type person that likes to be as prepared as possible for anything they may throw out. You've given me some good amo. Thanks again!!!

If you think of anything else please post it, I'll be watching.

blackbird.

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  • HadIt.com Elder
I think your'e right, it may take some time. I'm the type person that likes to be as prepared as possible for anything they may throw out. You've given me some good amo. Thanks again!!!

If you think of anything else please post it, I'll be watching.

blackbird.

My best advice at this point is to read everything in the Spine Claim Repository.

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Blackbird,

Were you active duty or NG when you had the surgery? Were you activated when the accident happened or on drill?

Hey Airborne18,

I was Air National Guard on active duty for training on a 30 day exercise in Egypt. I injured my back on the 4th day pulling on a parts box. Thought I had just pulled a muscle, which I knew would take a couple weeks to heal. I saw the doctor when I got home after it didn't get better.

Blackbird

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  • HadIt.com Elder

That makes a big difference. I missed that somehow. Do you have any kind of a record of the incident? If not, can you get a buddy letter, or a statement from someone who witnessed the incident?

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