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Back Condition Claims Help Requested

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Hi all,

Hoping for some advice on multiple back issues diagnosed while I was still on active duty. I hurt my back in a helo crash and was diagnosed over a 5 year period with DDD, bulging disks, spondylosis, spinal stenosis, and spondylolisthesis. It's all in my medical records and I had many documented visits to docs, MRI's, X-rays etc that explain it all. My last 2 years was nothing but trips to the hospital. I submitted and received 10% each for the DDD and bulging disks last year. I never submitted for anything else but have been told I could/should. Any issues with "pyramiding" or any other reasons the additional 3 conditions wouldn't be accepted? My back is getting a lot worse lately...so many questions to ask...thanks for any response.

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My back was 20% since 2000 which has been on appeal. Part of my CAVC remand was the deluca factor. The problem I see is that the rater gets to decide if your in a flare-up that day or not. I finally got 40% and TDIU after my L3-S1 fusion when I was only able to bend to 20 degrees. I've had two exams since then both bending only 20. For the deluca factor they both stated that I winced etc. However, they both said they did not believe during flare-ups I would be worse. Now I tell you what when I'm worse I'm not getting out of bed or off the floor.

Anyway it will be interesting to see what they finally rate me. Since I'm only 10% neurological combined in one for both legs I know I will (well should) see both legs rated. Since I have been getting nerve blocks, opiates, and have documented atrophy / wasting / unsymettrical lower extremity muscle groups I should get a decent rating for the neurological. Don't know what they will do with the ortho part.

I have a question about the orginal poster. They said they were 10% for DDD and herniated discs each? How is that possible? I'm service connected for a back injury which includes DDD L3-S1 post L3-L4 / L4-L5 hemi-laminectomy and hemi-discectomy and a L3-S1 fusion and have spondylosis, arthitis, and spinal stenosis. I thought this was all rated under the ortho rating???????????

Also if they consider your pain under the back you can't get chronic pain syndrome seperately can you?

I know about the mental I am 2nd to back for 50%.

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My back was 20% since 2000 which has been on appeal. Part of my CAVC remand was the deluca factor. The problem I see is that the rater gets to decide if your in a flare-up that day or not. I finally got 40% and TDIU after my L3-S1 fusion when I was only able to bend to 20 degrees. I've had two exams since then both bending only 20. For the deluca factor they both stated that I winced etc. However, they both said they did not believe during flare-ups I would be worse. Now I tell you what when I'm worse I'm not getting out of bed or off the floor.

Anyway it will be interesting to see what they finally rate me. Since I'm only 10% neurological combined in one for both legs I know I will (well should) see both legs rated. Since I have been getting nerve blocks, opiates, and have documented atrophy / wasting / unsymettrical lower extremity muscle groups I should get a decent rating for the neurological. Don't know what they will do with the ortho part.

I have a question about the orginal poster. They said they were 10% for DDD and herniated discs each? How is that possible? I'm service connected for a back injury which includes DDD L3-S1 post L3-L4 / L4-L5 hemi-laminectomy and hemi-discectomy and a L3-S1 fusion and have spondylosis, arthitis, and spinal stenosis. I thought this was all rated under the ortho rating???????????

Also if they consider your pain under the back you can't get chronic pain syndrome seperately can you?

I know about the mental I am 2nd to back for 50%.

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You need to formally re-open the claim for higher rating It can be a letter or you can use a 21-4138 form available at the VA web site.

Look up these disabilities in the Schedule of Ratings here at hadit and tell the VA why you fall into higher rating %s by medical evidence which has occurred since their last decision.

They will send you a VCAA letter (unless they actually look at your current medical evidence they have and if they have enough to award already-which doesnt happen often) and this will tell you exactly what evidence they still need. The Re open will trigger a C & P exam to determine if the ratings should be higher.

I cant answer the pyramiding question- it is a good one.

M<ake sure you tell them of any increase in meds for these conditions you have needed since their last rating and anything else that would put you into a higher % rating.

Hope others chime in here- you are looking at secondarys I think due to the SC.

I am new on this site but I have some questions. I am a Vietnam veteran. I was denied my claim and gave up on VA because of the long process of the initial claim, however, looking back and being told to fight, I am going to try and get another claim started. I served in the Army and was a parachutist. Last year my doctor took an x-ray of my back and determined that I had degenerative changes to my lower lumbar spine, most severe at L4-5 and L5-S1. I was the type of soldier that seldomly went on sick call but I felt pain at my lower extremety during my annual PT test when doing situps. I had asked my doctor if she felt that this problem could have originated during my 22 years of service. She said it could have. I remember one time that I had a back spasim prior to a jump. Please provide me with your input.

Thanks,

Harvey

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I am new on this site but I have some questions. I am a Vietnam veteran. I was denied my claim and gave up on VA because of the long process of the initial claim, however, looking back and being told to fight, I am going to try and get another claim started. I served in the Army and was a parachutist. Last year my doctor took an x-ray of my back and determined that I had degenerative changes to my lower lumbar spine, most severe at L4-5 and L5-S1. I was the type of soldier that seldomly went on sick call but I felt pain at my lower extremety during my annual PT test when doing situps. I had asked my doctor if she felt that this problem could have originated during my 22 years of service. She said it could have. I remember one time that I had a back spasim prior to a jump. Please provide me with your input.

Thanks,

Harvey

Was any of your back problems documented in your SMR?

Do you walk with a gait?

Any problems with your legs, knees, or feet?

I also was injured on a bad T-10 fall in 76' and my hospital treatment record wasn't in my SMR. So I have to file my back injuries as secondary to my SC TKR of right knee due to years of walking with a gait. Being a parachutist, I would be surprised if you ddn't have bad knees! I was told a good Radiologist could tell if your back could of resulted from an old injury or just ageing process.

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