How To State Increased Back Problem

[okie143]

I am having trouble trying to figure out how to say my lower back problem has increased to a point that I cannot work any longer. Some history:

I had service connected back problems throughout my military career.

I retired in April 1999 after 25 years of service to include the Gulf War.

I applied and received disability on my lower back and the VA classified it as arthritis.

Worked for over 6 years and went back to the va for re-evaluation of all my service connected problems.

Was upgraded to 80% overall with 40% on my back.

Started to work at the post office carrying mail in a postal vehicle and my back gave me a lot of trouble. One day my back pinched my nerve running to my legs and I could not walk any longer.

The post office started an OWCP claim and I was out of work for 6 months.

Saw a neurosurgeon who only wanted to put screws in my back but diagnosis me with neurofornial stenosis with loss of achilles reflex.

My primary care doctor also diagnosed the problem and wrote a letter saying I could not work any longer in a job that requires me to twist, bend, stoop, stand, or lift more than 25 lbs.

The post office told me they no longer had a job that I could do and they sent me home.

I filed and received a disability retirement from the post office.

Now my questions:

My lower back gave me numerous problems throughout my military career. It was diagnosed as service connected.

My primary care doctor wrote a letter stating my diagnosis is degenative disk disease with neurofornal stensos and loss of achilles reflex and could not work any longer.

Question: Will the VA say wait a minute we said he had arthritis but now it is degenative disk so is it a natural thing or was it caused by his service?

I back was doing fine in the military for carrying ruck sacks, ammo, weapons, etc., but started to hurt as I was getting closer to retirement. It was one of the reason I decided to retire. I spent 25 plus years in the military.

Should I file for reconsideration on my back as I cannot work any longer due to my back?

Just looking for some advice.

Thanks.

Ray

[johnjjr]

Have you filed for TDIU? If not, why not? LarryJ will thank you for saving him money.

[LIL-ROB]

Yes you should. Have ever had a MRI done? By the VA?

[brokensoldier244th]

From what Ive read, Ray, once they assign a code to something its really hard to get it undone, especially if its outside of the presumptive period (1 year out) or appeal period. I think backs due to arthritis can only go to 40%, vs DDD (what I have) going to 60% (I feel your pain)

Someone with more expertise will come in, but i think, at 80% you can get IU since anyway, since your combined rating is 80%. You could look at ratings for neuropathy or numbness, loss of feeling, etc-that could get you to a higher schedular, even maybe 100%-then if you want to putter around making fishing lures or something and get paid they can't say "but you are working" and take away IU if you get it.

There is also 'extra-schedular' evaluations where you can get IU even without the 60% single disabilty, but that doesn't seem to be you.

"Veterans can be considered for IU if they have one disability of at least 60 percent or two disabilities with a combined rating of at least 70 percent. One of every four veterans with a 60 percent disability is now IU and paid at the 100 percent level. Likewise half of all 70 percent disabled veterans, two thirds of all 80 percent disabled veterans and three-quarters of 90 percent disabled veterans are considered unemployable."

http://www.stripes.c...iu-vets-1.33491

Can you even receive Post Office retirement and military at the same time? ( I would speculate yes, but USPS is a govt. employer, so you might want to make sure.

Sorry I can't be more help.

Edited August 6, 2010 by brokensoldier244th

[JamesBreckenridge]

You've got over a combined 70 percent with at least a single 40, so you meet the schedular criteria to apply for IU.

You aren't likely to get an increase of your spine condition. I think you may have been rated under the previous version of the rating schedule. Don't worry, you won't be decreased under the new schedule, but you're not going to get an increase unless your thoracolumbar spine is completely frozen.

If you simply must file a claim for service connection for something, it should probably be for radiculopathy or other nerve involvement of your lower extremities with your back condition. Even if s/c was granted for radiculopathy in each leg at 20 percent (which is high), that would still only get him a 90 percent, which isn't 100 percent.

If it were me, I would file a claim for IU,with supporting evidence that shows that I"m retiring due to medical reasons, not because I want to go fishing. You should be set up for a battery of C&P exams to evaluate all your S/C conditions and determine how they impair your employment.

Have you filed for social security disability? We consider SSA records too.

If you're a doctor or have an advanced degree, I wouldn't count too much on getting IU due to back condition and other orthopedic complaints. If you've only got an 8th grade education though, there's a pretty good shot. Often I see opinions that state that the vet's S/C conditions would not preclude sedentary employment, but we take education and skills into account.

[Troy Spurlock]

I would certainly file for an increase. Or go for 100% unemployment claim.