Grant Changed Effective Date

[cannoncocker]

This is derived from my DAV rep.

The original claim filing date was April 2008 which included: From VA DRO appeall. DAV lay statement for "Low Back Pain" was the initial claim submittal.

Service connection for lumbar strain with radiating pain through buttocks and down legs is granted with an evaluation of 20 percent effective April 22. 2008. Note radiating pain down both legs.

Dated MAR 22 2010

Severity QTC Exam at once was scheduled for 19 April 2010

DAV sent the following 5/6/2010:

This letter is not intended to serve as your official notification from the Department of Veterans Affairs (VA), You will receive an official decision from the VA upon completion of necessary administrative procedures. The VA reserves the right to modify the decision prior to your official notification. The VAfs letter will inform you of the current monetary monthly and retroactive benefits to which you are entitled.

The Disabled American Veterans (DAV) has reviewed the most recent VA decision concerning your claim for benefits. A combined evaluation of 70 percent has been assigned as a result of the following action(s):

Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010.

Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued.

So this leaves me questioning the backpay

1. Service connection for lumbar strain with radiating pain through buttocks and down legs is granted with an evaluation of 20 percent effective April 22. 2008

2.

Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010.

I would appreciate any input on whether there will be any backpay associated with this as 20% ( Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued) was effective April 2008 but the Radicular pain was granted April 19, 2010 which was enough according to VA Math to put me at 70%.

Other part of the question is how did the VA came up with the effective date from the same QTC Doctor that found nothing wrong with my back to start with and effective date of April 19, 2010. They couldn't possibly claim I did not use the proper medical terminology. Do you need a medical degree to file now? DAV lay statement for "Low Back Pain" is pretty inclusive and since the DAV worded thhe claim and I have no special knowledge of filing claimsmsom wouldn't the benefit of the doubt go to the vet since radiating pain is granted. So whey the different date other than avoid back pay?

Any help would be great.

PS wonders never cease in this looking glass world of the VA. Now we are in a semantics war. How in the world could they split radiating pain at 20% to 10% Radicular pain = A Radicular Pain Syndrome is a spinal condition that results in symptoms of ... In the lower extremity the term "sciatica" with sensory=numbness which has been documented and is frequently part of Sciatica. Is there no end the gate keepers will go to?

I hope I am wrong and that there is a reasonable explanation but I can't see anything but a clear brick wall without much thought going into the rebuttal, just a fight.

Edited May 9, 2010 by cannoncocker

[cannoncocker]

Thank you Berta for laying out your advanced knowledge, skills, and abilities re: VA procedures and requirements. It has been awhile since you have helped me and this one is very relevant! I believe based on on your appraisal that I will accept the VA offer from letter sent from DVA Representative:

1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010.

2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued, effective April 22. 2008.

To make it official to apply for TDIU which my disabilities consists of the following:

30% sinus tachycardia

20% Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued.

10% Service connection for Radicular pain pattern left leg; sensory is granted with an effective April 19, 2010.

10% tinitus bilateral

10% L foot

10% R Foot

10% Hypertension

0 R high frequency hearing

100%=VA Math 70%

Prosthetics:

Cane: Emergency Room

TENS UNIT: Physical Therapy

Back Brace: Physical Therapy

PT Exercises

Hydrocodone pain medication

Have been unemployable since 2007

It is very difficult to turn my back on the back pay as I am beyond a doubt elegible for the backpay but I do not want to miss the big picture.

Do you think this is the prudent course of action?

possibly claim HEP C due to MUNJIE (gathering med and

All Documents in Official Military Personnel File (OMPF)

Edited May 9, 2010 by cannoncocker