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

[ScottCGAS]

I know this has probably been discussed before, but I have to ask. With a rating for DDD, does it not matter on bulging disc, arthritis, etc.. Does the rating solely go on the range of motion?? Flexion.. The chronic pain is there everyday, I drive truck for a living and sitting does not help my problem. I think at times it affects my overall mood. I always have to watch what I do and how I move, one day I was showering at work and slipped while I was drying my hair and my back spasmed and I jerked my head while drying my hair and was in pain for a week. It never really recovered and about 1 year later was in great pain and an MRI revealed a herniated disc and I had to have a neck fusion at C6-C7. Can I try and apply for my neck also? What do I do?

Hated to get off course on the original post.. Thanks

[Vync]

From what I read, they go by range of motion, ankylosis (inability to move), or unnatural curvature (kyphosis and lordosis). Note: Those are or's, not and's.

First, get your records together which show your neck was injured during service. Also, you probably will need a nexus letter or IMO from a doc, which says your current neck problem is a result of the injury you incurred during service, along with the meaty details.

The fusion would also be considered as some degree of ankylosis.

Be careful, the VA always tries to look for any reason to cast doubt on your claim. They could come back and say that the fusion is what caused your current problem. Yes, they are stupid enough to do something like that.