Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
masters101

Please Help

Question

My wife was medically discharged from the USAF 15 years ago and rated at zero percent from the VA. We were young and did not know what to do so we simply took the rating and moved on with our lives. My wifes condition has become severe and she can hardly get out of bed. We found this great site and started our quest for justice and we really owe so much to everyone; Thank you , thank you , thank you. My wife finally received a 20 percent rating from her knees but she is still rated zero percent for her back because the last C&P did not have a Range of Motion completed. We notified the VA through our DAV office, the VA has done a great job getting my wife another appointment to have her ROM completed. We have found many helpful people along the way to include the VA, the DAV, the Doctors and nurses at the VA, and of course the great group of people on hadit.

My wifes last C&P clearly stated she should be at 40 percent for her back, however there was not a ROM test completed. The Doctor even put the words that she should be at 40 percent. My wife recent C&P was only 5 minutes long and it was simply for Range of Motion. Can someone please look at the report below and give us a opinion?

Again Thank you all so much.

Objective abnormalities of Thoracic Sacrospinalysis

Spasm

Left: Yes

Right: Yes

Atrophy:

Left: No

Right: No

Guarding

Left: No

Right: No

Pain with Motion

Left: Yes

Right: Yes

Tenderness

Left: Yes

Right: Yes

Weakness

Left: No

Right: No

Is the muscle spasm, Localized Tenderness or guarding severe enough to be responsible for abnormal Gait or abnormal spinal contour: NO

CERVICAL SPINE RANGE OF MOTION- (Thoraco-lumbar spine range of motion)

Active Motion

Flexion: 0-30 Degrees

Extension: 0-8 Degrees

Left Lateral Flexion: 0-15

Left Lateral Rotation: 0-15

Right Lateral Flexion: 0-15

Right Lateral Rotation:0-15

Is there objective evidence of pain on active ROM: YES

Additional Limitation with Repetitive motion

Is there objectvice evidence of pain following repetitive motion? Yes

Are there additional limitations after three repetitions of Range of Motion? Yes

What is the most important factor? Pain

Range of motion after Repetitive motion:

Flexion: 0-20 Degrees

Extension: 0-8 Degrees

Left Lateral Flexion: 0-15

Left Lateral Rotation: 0-15

Right Lateral Flexion: 0-15

Right Lateral Rotation:0-15

Other significant Phsical Exam Findings:

(+) Deluca, lumbar spine, all range of motions

Share this post


Link to post
Share on other sites

Recommended Posts

My wifes last C&P clearly stated she should be at 40 percent for her back, however there was not a ROM test completed. The Doctor even put the words that she should be at 40 percent.

masters,

For the record, in this case the C&P examiner really has no authority in adjudicating

the percentage level awarded for disabilities.

The authority for degree of disability is held strictly by the decision maker (rater).

The decision maker is supposed to consider all of the medical evidence

and part of their responsibility is to assign a percentage level.

I believe the only instance a decision maker will consider a C&P examiners

opinion on percentage level of disability is when the examiners opinion

relates to IU.

jmho,

carlie

Share this post


Link to post
Share on other sites

Ad

Regarding the C&P claim:

CERVICAL SPINE RANGE OF MOTION- (Thoraco-lumbar spine range of motion)

Active Motion

Flexion: 0-30 Degrees

That says both cervical and thoraco-lumbar. Were the measurements identical for both?

The rating for thoracolumbar flexion at or below 30 degrees is a 40% rating. (trying for that myself)

More importantly, check the C&P examiner's opinion. Did it say "is due to" or "least as likely as not"? If it did, that is a promising sign.

Share this post


Link to post
Share on other sites

file to have the original rating reconsidered based upon an isufficiant examination as well as the fact that the rater did not have all of the required information in front of them to determin the original rating percentage.

Share this post


Link to post
Share on other sites
file to have the original rating reconsidered based upon an isufficiant examination as well as the fact that the rater did not have all of the required information in front of them to determin the original rating percentage.

dwragon,

Welcome to Hadit.

There is no provision or regulation that would allow a claimant to file for a reconsideration

on an original rating decision that was adjudicated 15 years ago.

That's not how the adjudication process works.

jmho,

carlie

Share this post


Link to post
Share on other sites

The last C&P report stated:

VA Examination was conducted and results show an increased severeity of your lumbar spine condition that would warrant an evaluation of 40 percent disabling. However, VA revealed regional weakness or sensory changes which deviate from accepted meuranatomy. We requested VA examiner to clarify the findings and examiner respnded that the range of motion findings are not reliable and that further examinations are not expected to bring forth a different outcome.

That is why we asked for another C&P to be accomplished with a range of motion examination completed. The last Doctor never did a range of motion.

My wife is currently rated for her back, however it is at zero percent. Based on all of the finding she should be at 40 percent. The VA Doctor even stated that in his report. Hopefully with the Range of motion completed she will be rated correctly at 40 percent.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines