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Lower Back Claim

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Vync

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  • Content Curator/HadIt.com Elder

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

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  • Content Curator/HadIt.com Elder

Poor choice of words John. My fault there. The disc nucleus and annulus are no longer contacting my nerve roots.

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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, do you have enough employees where you work (at least 50), where you qualify for FMLA for your back? There's such a thing as "intermittent FMLA," that would protect you up to 12 weeks when you have to take time off for doctor's visits, as long as you've worked at least 1,250 hours during the previous twelve-month period. You don't have to take entire days off at a time. My husband was in your situation, working full time with a 40% VA rated lumbar spine disability, until he couldn't do it anymore. But FMLA covered him in the interim, so he could go to his doctors and VA visits without losing his job. He then applied and was approved for Social Security Disability.

He received three injections for his back from a pain management specialist without much success, but the surgery he underwent in February, a laminectomy, alleviated the pain problem, at least there.

Edited by vaf
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  • HadIt.com Elder

They can shrink down over time with bed rest.

I developed degenerative disk disease by my late 20's, early 30's. Most herniations would last 3 to 4 months back then. Some putting me out of work for two to three yrs.

I'm at the point I can't bend my spine to put my shoes on without severe pain. Bone spurs touch the cord & disks have lost their flexibility.

It gets worse as time goes on.

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  • HadIt.com Elder

I have DDD and it just gets worse every year. I wake up in the morning and my back is stiff as a board. If I sit too long or ride in a car too long I can hardly get out of the chair or car. What is the cure? I have had all the injections.

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If someone finds a cure you will make bookoo dough! I believe the majority of us "back injured" vets have gone amongst all of the gambet of treatments/therapy's/medication/injections/splints/corsetts/back braces/you name it we have tried it...yes chiropractic care/mediation/relaxation exercises...and still become more immobile and the pain increases greatly. As far as % granted??? The objective is TO GET GRANTED! Then you can always try for an increase. Many of us have been waiting for along time for approval, not having to go through the appeals.

But the beat goes on and we still hang tuff and fight!

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

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  • Content Curator/HadIt.com Elder

I work at a place where I qualify for FMLA, but I also have decent short and long term disability insurance. Not going the FMLA route unless it becomes absolutely necessary.

My girlfriend and I talked about having another pain block, so I am going that route within the next two weeks. Before then, I am hoping to find a doc who is willing to write a nexus letter. Finding one in my area who will do it under my insurance is going to be a challenge.

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