Filled For A Increase And Secondary To Sc Rating

[Huey Crew Chief]

I applied for IU along with and increase on my Lumbar DDD. I am aware that getting a increase depends on ROM however I had a gut feeling something more was wrong with my back before I went in for my new exam. Before the exam I did have new X-rays that show a new compression fracture at L1 of unknown age and further degenerative changes since lat x-rays are noted. This information was in my VA record before this exam. They were not in my last over a year ago were I was awarded 10%. However the VA had a CT scheduled for a few days after this C&P exam was to be done. This new test reviled a new ruptured disk not sure of location because I do not have the Rad notes yet. Will this have any bearing on my chances?

Also to add my wife was a witness to this and I told the examiner I was in pain but he made me flex forward farther than I was comfortable with by placing his hands on me during the flex forward part of the exam, along with this statement, " I know you can go forward farther then that because you set in that chair right there." I stated yes but it is very painful, and the rest is history.(threw that in there for a comment from any past examiners.) On to rest of my post.

To continue I have filed a secondary claim for Depression related to SMC. This is a new problem that has crept up because of my severe back pain and unable to secure gainful employment.

On the day of my C&P exam for my increase I secured a Nexus letter from my Civilian PCP and it states as follows.

Who the Doctor is, that he has reviewed my Military records that document the SC injury to my back, as well as any and all x-ray reports as of that date. He is aware of my secondary issues that are more likely than not caused by my SC back injury or are caused by the treatment for my SC back injury. And he stated.

There are multiple other clinical conditions diagnosed that are more likely than not secondary to or aggravated by the primary spinal condition(s). And he then lists those condition(s).

On the IU part. I.E. (Veteran is substitute for my real name.)

After examining Veteran, his chart and his medical records it is my opinion that Veteran is totally and permanently disabled due to the above discussed back conditions and secondary conditions. The Veteran cannot hold gainful employment as a result of his service connected disabilities.

I am not throwing this out there for anyone to say, yes this Veteran will get this amount or yes this Veteran will get that rating. Just honest opinions is all. I threw this out there for others to use as information if it meets the stringent critique of the great bunch of Veterans that monitor this board. The guys and gals that have been in the trenches and know how these things work better then I.

So any questions, comments, suggestions or whatever are appreciated.

Thanks for everyone's help...

[jbasser]

Not seeing the ranges of motion I relly cant speculate. To get IU you need 60 percent

J

[oldman273]

I agree the Iu issue is what I am dealing with but your ROM is key here The Doctors IMO may have weight but the issue is ROM My Rom was bad before I had my 3rd surgery and with the following Letter It listed that my SC injury resulted in a 3 level lumbar fusion I had a prior history of lumbar surgeries from my SC DDD and Arthritis which showed severe degenerative arthritic changes The changes have been progressive and in his opinion that the inital incident in Service started the process of low back pain and and acccelerated his arthritis. Arthritis is known to be associated with age. However his arthritis has outpaced his current age. people who have suffered traumatic injuries typically will devolp arthritis ealeir. This is more than likely the case with his current SC back issues. To qaulify for IU you have to have at least 60% for one issue or a combination with a higher rating than you have. Keep your claim active no matter what happens but getting a higher rating for your current condition is key.

My ROM was horrible as I had the CMP prior to my surgery and My civillian Surgeon told them I was unable to obtain employment due to my SC Back. He also listed the limitations of no standing longer than no sitting longer than. I hope you get the idea. I was not able to get the VA to help me with my claim and I went outside the VA as they wanted to do way more to me than my Civillian Surgeon did I am not sure how my claim will go but hang in there I hope this will help you.

My advice would be to do all the self excersises you can as I am in pretty bad shape as with winter time here I am hurting at least 50% more than this summer. Cold Weather kills me. I am seriously thinking of moving outwest for the winter. I hope this helps but what ever you do is keep trying My deppression would be worse but I do small thing inside when I am able to get around but I have to have help with cooking. I try to do something other than dwell on what I can not do but rather what I can do. The internet is awesome for me when my back goes out and I am stuck in bed like this week. Hang in there and good luck..

Edited December 8, 2010 by oldman273