Lower Back Claim

[Vync]

Hello everyone,

I am new here, so I am asking folks to please review and offer your opinions. Any assistance is greatly appreciated.

While I was on active duty from 1990-1995, I was injured numerous times during military training. I originally filed a claim back regarding my back in 1995, but it was denied. I am currently 40% SC, thanks for SC approval for several unrelated problems. While on active duty, the military took x-rays and diagnosed me with lumbar or muscular strain and prescribed medication, exepted me from physical activity, and also sent to physical therapy.

In early 2006, I suffered an injury to my L4-L5 and L5-S1 and was given an MRI, I was diagnosed with lower lumbar spondylosis (moderate narrowing of the disc cavities), degenerative disc disease, herniated vertebrae discs contacting the nerve roots, muscle spasms and strains, reversal of the lordotic curve, and and even advised to seriously consider surgery. I was given more loads strong medication, an epidural pain block, and eventually sought help from physical therapy and even a chiropractor.

In 2008, I filed another claim regarding my back, but it was denied. I spent time gathering copies of my service medical records and civilian medical records and re-filed again in August of 2008, providing counters to each reason the RO claimed was a basis for my denial. I also got a written statement from my ex-wife, who described her observations of my back problems. I just received a letter asking me to fill out medical release forms or provide medical evidence, even thought I sent the medical records already.

It seems very obvious that my back injuries during military service were the root cause for my current problems. I now have a sedentary desk job with an ergonomic chair and a wonderfully supportive girlfriend. Over time have had to re-train myself how to avoid reinjuring my back while performing normal daily duties. Quite often, I can control the pain and problems with medication, but when I simply sneeze or cough, I always worry about having to take another unplanned visit to the emergency room.

Questions

1. Given the nature of my injuries, what type of percentage would I qualify for?

2. With respect to my overall 40% SC rating, could I potentially see this increase or will they just embed it and leave me with the same rating?

3. Since I did not 'keep alive' the back injury portion of my original claim in 1996, if my back claim is approved, what could I expect as an effective date?

4. If I kept records of my out of pocket expenses for doctor and medication co-pays, if my back claim is approved, will the VA allow me to file for some sort of reimbursement?

Thanks,

Vync

[rdnkjeeper]

I just had an appointment with another doctor, but she was unwilling to write a nexus letter. I am hoping to find someone in my area who would be willing to do this without charging an excessive fee. Anyone have any tips on how to find a doc who will do this?

Note: Still no word regarding my official MRI results or f/u appt to give me some relief of my pain.

I would like to know this answer too!

[john999]

SSD lawyers may know doctors who will write IMO's since they use them for their clients all the time. Are you going to apply for SSD? You could kill two birds with one stone.

[Vync]

I honestly would like to hold onto my job as long as I can. Would really like to get this claim approved and/or get rid of the 10% reduction "(6522) 30% allergic rhinitis/sinusitis" (reduced by 10% because the VA says I had a 10% pre-service disability). I am thinking/hoping that would get me changed from 40% to 50% SC. Their fuzzy math is kinda weird.

[Vync]

MRI results are in! The doc said my herniations have healed, but I definitely have DDD. It is almost bad enough for surgery, but the doc wants to take a conservative approach first. He recommended another epidural pain block injection to help keep the pain and chronic muscle spasms at a manageable level.

Below, ArmyTexas indicated that he had bad luck with the injections. I only had one and luckily it lasted for a while. I am thinking about having another...

[rdnkjeeper]

I have had three injections.....two worked great.....the third caused problems, but I think it was because the person injecting them kept bending the needles and hurting me!

[john999]

Herniations heal? I did not know that herniated discs heal themselves. How do you get the toothpaste back in the tube? When your disc herniates material pushes out and pressures the nerve. How does that heal itself? I have discs that are going bad, but just from wear and tare. Not herniated.