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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Fletch

Lumbar Spine C&p Exam

Question

I had my C&P exam for my spine today. The doctor was very professional and friendly. My history shows a 30% rating for sacroiliac injury. My left leg is also SC'd at 10% for shortness. My civilian spine surgeon put in my records that my back problem stems from these 2 conditions. On 2 different occasions, the VA doc dictated into his computer that my surgeon connected my current condition to my SC'd conditions. My question is,,,,,does this mean that the VA doc found in my favor and my spine condition will be SC'd? I've had 3 surgeries this year alone and am scheduled for a spine fusion December 3rd. I really can't move. I'm in a back brace 100% of the time. Just curious as to what the elders here feel about how my experience went.

Thanks in advance! B)

Fletch

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I'm not an elder here, but it sounds like you might have a decent shot for a rating increase, but the VA might ignore some evidence. Let's hope that does not happen. If you really cannot move your back, you might get rated with unfavorable ankylosis or just ankylosis of the upper or lower back. There is no telling how long it will be until they send you a letter, so go ahead and see about getting a copy of the C&P letter. Compare the C&P notes with the spine ratings. Based on the range of motion (or lack thereof), you could get a pretty good idea of what to expect.

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Fletch, I would be interested in seeing what the examiner said.

You should get a copy of the exam.

It sounds good but the medical stated opinion on the exam is the Key.

It sounds like it is in your favor.

If you are not working ask for TDIU and also ask for 100 percent for the recoveries after the surgeries.

You should get the max spine rating if your rom is immobile,

J

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Fletch,

Here's a link to the spine claim repository, which has the rating codes and range of motion associates with each diagnosis.

Here are the ratings which are higher than 30% (from the topic mentioned above) and the reference describing unfavorable ankylosis:

Unfavorable ankylosis of the entire spine 100

Unfavorable ankylosis of the entire thoracolumbar spine 50

Unfavorable ankylosis of the entire cervical spine; or, forward flexion

of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of

the entire thoracolumbar spine 40

Note (5): For VA compensation purposes, unfavorable ankylosis is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: difficulty walking because of a limited line of vision; restricted opening of the mouth and chewing; breathing limited to diaphragmatic respiration; gastrointestinal symptoms due to pressure of the costal margin on the abdomen; dyspnea or dysphagia; atlantoaxial or cervical subluxation or dislocation; or neurologic symptoms due to nerve root stretching. Fixation of a spinal segment in neutral position (zero degrees) always represents favorable ankylosis.

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Thanks Vync and jbasser. How do I get a copy of my C&P exam? Do I just call them and ask for it?

From Vync's link and post, it looks like I'd be rated between 40 and 50%. I'd rather stay working if I can. I'm on the edge of being fired due to absenteeism. I've missed 3.5 months of work this year and now due to surgery December 3rd, I'll be out another month. I did ask for temporary convalescence.

You guys are great! Thanks for your responses!

Fletch

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It is easier to go to the VAMC where you had the exam and go to medical records , fill out the FIOA form and they should print you a copy.

Just give them the date of the exam.

J

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