In reviewing my only-partially-successful claims from 1974 and 2000, I have noticed something that played a part in their denials at the time.
I was initially 0, then 10% SC for lumbar spine back in 1974, but VA disregarded claims of sciatica/leg pain, etc and also never mentioned to me that their examination had revealed evidence of a wedge compression fracture at S5-L1. They also did not mention that they found scoliosis at lumbar and thoracic levels. (Up until ablout 2003, VA considered lumbar and thoracic as two separate segments of the spine for disability purposes. They only had given me SC for lumbar spine, never mentioned any other segments.)
In 2000, when I filed for increase, I was raised to 40% for "chronic lumbar strain with DDD". There were other findings, and again I had claimed lower extremity nerve damage, but they ignored all of these things. They shot down my claim that my SC spine caused problems in my C-spine, neglecting to consider or even mention the T-spine problems that their own records show.
Now, in my recent C&P, the N.P. ignored the fact that I am claiming certain issues secondary to medications for my SC spine. My claim does specifically state that certain things (OSA, ED, DVT etc.) are caused by known side effects of the medications I take for pain management, including long term use of gabapentin, narcotics, and trigger point and facet block steroid injections. During the C&P exam, I specifically told her of the side effects I have experienced, and gave her a stack of FDA drug data sheets with known side effects highlighted.
So, in her report, does she mention the drugs? Not no but heck no! She says stupid stuff like "OSA is not caused by or secondary to his SC disability because there is no link between lumbar spine strain and OSA". You get the drift, it is pretty much the same for each condition.
On my spine C&P, she claims I have these huge ROM readings without pain (Her numbers she reports would make a young ballerina envious of me). She never mentions the MRI's (only a few months old) I brought that list moderate stenosis, spondyolisthesis, complete effacement of signal in places (in other words, crumbling). She rejects my C-spine claim, saying it can't be caused by L-spine, never mentioning the problems in the thoracic segment.
Now, here's the question: Should I wait until I'm rated or denied, then use this (ignoring evidence in their possession) as part of the basis for appeal? They can't just keep on ignoring the side effects of drugs that THEY give me, can they?
Question
acesup
In reviewing my only-partially-successful claims from 1974 and 2000, I have noticed something that played a part in their denials at the time.
I was initially 0, then 10% SC for lumbar spine back in 1974, but VA disregarded claims of sciatica/leg pain, etc and also never mentioned to me that their examination had revealed evidence of a wedge compression fracture at S5-L1. They also did not mention that they found scoliosis at lumbar and thoracic levels. (Up until ablout 2003, VA considered lumbar and thoracic as two separate segments of the spine for disability purposes. They only had given me SC for lumbar spine, never mentioned any other segments.)
In 2000, when I filed for increase, I was raised to 40% for "chronic lumbar strain with DDD". There were other findings, and again I had claimed lower extremity nerve damage, but they ignored all of these things. They shot down my claim that my SC spine caused problems in my C-spine, neglecting to consider or even mention the T-spine problems that their own records show.
Now, in my recent C&P, the N.P. ignored the fact that I am claiming certain issues secondary to medications for my SC spine. My claim does specifically state that certain things (OSA, ED, DVT etc.) are caused by known side effects of the medications I take for pain management, including long term use of gabapentin, narcotics, and trigger point and facet block steroid injections. During the C&P exam, I specifically told her of the side effects I have experienced, and gave her a stack of FDA drug data sheets with known side effects highlighted.
So, in her report, does she mention the drugs? Not no but heck no! She says stupid stuff like "OSA is not caused by or secondary to his SC disability because there is no link between lumbar spine strain and OSA". You get the drift, it is pretty much the same for each condition.
On my spine C&P, she claims I have these huge ROM readings without pain (Her numbers she reports would make a young ballerina envious of me). She never mentions the MRI's (only a few months old) I brought that list moderate stenosis, spondyolisthesis, complete effacement of signal in places (in other words, crumbling). She rejects my C-spine claim, saying it can't be caused by L-spine, never mentioning the problems in the thoracic segment.
Now, here's the question: Should I wait until I'm rated or denied, then use this (ignoring evidence in their possession) as part of the basis for appeal? They can't just keep on ignoring the side effects of drugs that THEY give me, can they?
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