Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Pyramiding Question

Rate this question


BMCS00

Question

Hi All,

I am currently rated at 20% for degenerative disk disease, and 10% bilateral radiculopathy. Recently my DDD condition worsened, and I now have siatica, bilaterally, because of the disk degeneration at L4-L5 and L5-S1. It is worse in my left side, with tingling and nerve pain on a daily basis, depending on my level of activity. I have had MRI, and an epidural injection treatment, but that was not the end-all cure-all it was touted to be.

Is this a condition I can be rated for, or would it be considered pyramiding, since I am already rated for radiculopathy? At this point the sciatica pain and discomfort is greater than the radiculopathy. DAV couldn't give me a clear answer, and I don't want to be throwing darts in the dark, so to speak.

Thanks for all your help.

--Jim

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • HadIt.com Elder

Hi All,

I am currently rated at 20% for degenerative disk disease, and 10% bilateral radiculopathy. Recently my DDD condition worsened, and I now have siatica, bilaterally, because of the disk degeneration at L4-L5 and L5-S1. It is worse in my left side, with tingling and nerve pain on a daily basis, depending on my level of activity. I have had MRI, and an epidural injection treatment, but that was not the end-all cure-all it was touted to be.

Is this a condition I can be rated for, or would it be considered pyramiding, since I am already rated for radiculopathy? At this point the sciatica pain and discomfort is greater than the radiculopathy. DAV couldn't give me a clear answer, and I don't want to be throwing darts in the dark, so to speak.

Thanks for all your help.

--Jim

Jim the regs are pretty clear. The regs state to rate the DDD under 12 criteria and the effect4d nerves under the other one. It depends if there are separate nerves but most likel;y they will rate a nerve group. It is rerally a crap shoot but they are supposed to take the more seriuos cindition and rate it. I can see you fliling for an increase of the raduculpathy and maybe even the back.

The Max rating for the back is 60 under IVDS (Dr Prescribed Bed Rest over a stated period of time).

Hope this helps.

J

Edited by jbasser

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

  • Moderator

Your sciatica and radiculopathy are part of the same thing, I think. They may be able to rate each affected nerve plexus, but what you are experiencing is already rated bilaterally at 10%-not everyone has the sciatic pain along with the radial numbness. They may up the rating to 20% but only if you have partial paralysis or foot drop. Ive seen the occasional rating for sciatica, but I don't know if it was independent of radiculopathy. *Clear as mud?* :-)

Your DDD could be rated higher, if your range of motion has diminished. No one prescribes bedrest anymore, though, so 40% is probably the highest you'd get there, unless you have anklyosis or fusions.

You could also look into issues with neurogenic (over or under active) bladder due to those disc/nerve junctures, and also issues with the 'little you' in the extracurricular activities department. There is a lot going on in that part of your back, nerve wise.

Good luck! Im rated 40% ddd and 10% radiculopathy right like, and currently claiming for svc connection in my left leg, and guy issues. I feel (literally) your pain.

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
Share on other sites

Hi All,

I am currently rated at 20% for degenerative disk disease, and 10% bilateral radiculopathy. Recently my DDD condition worsened, and I now have siatica, bilaterally, because of the disk degeneration at L4-L5 and L5-S1. It is worse in my left side, with tingling and nerve pain on a daily basis, depending on my level of activity. I have had MRI, and an epidural injection treatment, but that was not the end-all cure-all it was touted to be.

Is this a condition I can be rated for, or would it be considered pyramiding, since I am already rated for radiculopathy? At this point the sciatica pain and discomfort is greater than the radiculopathy. DAV couldn't give me a clear answer, and I don't want to be throwing darts in the dark, so to speak.

Thanks for all your help.

--Jim

You will need to determine what nerve root the radiculopathy is rated for. Their are many nerve roots and the sciatic is one of them. I recommend you obtain a copy of your c&p exam that awarded the radiculopathy to determine the nerve root that was rated. Also, I recommend you see a neurologist who can better identify what's going on and recommend treatment options.

JMO,

Bergie

As a combat veteran, or any veteran for that matter!!!

If you thought the fighting was over when you came home, got out, or when the politicians said it was over.

Welcome to the real fight, welcome to VA claims!!!

"Just sayin"

Link to comment
Share on other sites

  • HadIt.com Elder

You could be rated for chronic pain disorder and depression. I think I would go very slow if they want to cut on you.

The surgery can be a success and you may be on morphine the rest of your life anyway. What kind of pain meds do you

get? When they ask you to rate your pain tell them 8-10. You have to become a professional complainer. Everything the military tought you throw it away. Be a sissy and complain your head off about your pain. I do! Having a back

problem is a lot more than just ROM. I had the injections and it did not help. I have had three surgeries for SC problems and now all are worse.

Link to comment
Share on other sites

  • Moderator

IF you go the chronic pain route you will have a better case if you are currently being seen for depression/pain mgt, rather than just saying 'you are depressed'

I second the no - cutting thing. I watched my mom get worse faster over the years after her surgery-id rather not have them go in adn then have to go in again in 5 years (my doc's words).

That complaining about everything is the worst. I keep a journal-not at regularly as I probably should, but it goes back almost a year. It is specifically for 'how im feeling' and 'how my back/pain feels'.

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use