Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Questions Please Help....

Rate this question


rpowell01

Question

I was recently rated at 40% for Mechanical Cervical Spine Pain and for Mechanical Lower Back Pain Syndrome. Here are my questions:

1. Can I claim for all the spasms I have in my neck which in turn gives me headaches all the time? Would this still be primary claim or secondary because I do not know if they separated muscle spasms from Cervical Spine itself?

2. Would this be the same for my lower back syndrome (lumbar)?

I am trying to figure out since they separate the spine itself how about the tissue attached to the spine, are they separate or part of each section?

I get a lot of headaches which is driving me crazy because there isn't a day that goes by that I don't get them. I know they are from the spasms I have in my neck because the muscles in my neck feel like a brick whenever I have headaches.

Any info would be very, very appreciated.

I have already submitted my claim for my Thoracic Spine which I missed claiming 14 years ago. Reading over my military records I realized that this was the origin of the problem. Some Doctor in the Army pushed on my back because of a facet dysfunction a physical therapist said I had and she could not push back together.A few days after that pain went down to my lower back then few weeks later to my neck. I have documented proof of this Doctor doing this and highlighted all of it and sent it in with my claim to the VA. I actually feel that because of what this Doctor did I am in the situation I am in today. I really do feel like this, I hate to believe it but documentary proof shows the actual events. I originally hurt my back on a field exercise on the Big Island of Hawaii. I jumped out of a Black Hawk and my one of my feet was stepped on while I was about to jumped. I landed on my face on the ground and the person behind my pushed my legs over while he jumped out. I was bent backwards so bad that I could see my boots in front of me. Well I got up and I didn't feel nothing hurt in my back but my face hurt from the fall. Then two weeks later I was drilling into dry wall in my NBC office to make more room for chemical mask and boom my chest starting hurting. Well after seeing the DR at the TMC he said I strained muscles in my mid back. Weeks later it was still hurting but now I was sitting leaning to the right. He sent me to physical therapy and the PT told me I had 3-4 ribs dysfunctioned. Which at the time I didn't understand what she was saying but now I understand what it is. She pushed on my back a few times for a couple of days and then she said she could get a couple of them back in. She told me she would have to find someone on Schofield Barracks who could do it. Well she gets a reply by a Family Medical Doctor who was the person I was referring to who I believe ruined my back. He pushed on it, I heard it pop and said OUUUUUUUUUCH. He gave me a prescription for Valium and said I should get better. Well 3 days later I awoke to get ready for PT and booooom I had to have my roommate help me out of bed. I then went to sick call and this is when all heck broke lose for me for the next year and a half.

Sorry for the long story but I wanted others to see why I feel like I feel. Something so simple that at Chiropractor could have fixed some other guy ruined my career that I was wanting to accomplish. I talk with a friend who now a 1st Sgt in the Army and man it really upsets me because he is about to go to SGT Maj School and I am sitting at home BROKE because of this Doctor. Do I blame 100% on him, not entirely but he sure played a huge factor in why I am at home.

Please forgive me for writing a bio out like this but I really feel I had to get this off my chest and I feel that now it is time to payback to come back to me for the pain and suffering I have been through for 14 years. I sat on it for so long and I have secondary issues waiting to be claim because of the stress it has caused in my life. I kick myself everyday because I grew up taught not to take "hand-outs" and to work for your $$$$$. But I now I feel I earned this and every cent that is giving to me and I don't feel "prideful" anymore. My family has suffered long enough especially my wife, who has takes good care of me whenever I am in pain. I love her so much....

God Bless...

Link to comment
Share on other sites

  • Answers 23
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Then I went over to the VA Regional Office at Bay Pines and requested a copy of my C-File.

rpowell,

First of all - you have my sympathy being that St.Petersburg is your VARO

and NO - I am not kidding as I have the same VARO.

Chances are it will be several months before you receive a copy of your

C-File, if not longer.

JMHO.

Link to comment
Share on other sites

  • Moderator

St. Petersburg RO is one the 5 WORST RO's along with Cleveland, Detroit, New York. I think there is dispute as to which other RO deserves the "5 worst RO's spot". Bay Pines is also usually in Veterans News, and its almost never good news.

Link to comment
Share on other sites

I understand that. I have most of my C-File already which I made copies of before I got out of the Army. I just want my MEB report from the Army. I have everything else believe it or not.

As for them being my VARO I haven't had any problems with them until today whenever I read over the C&P report.

Here is what the report reads:

The Regional Office staff says the veteran is service connected for mechanical lower back pain and mechanical cervical spine pain. Current diagnoses of lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease were provided on examination 08/25/2010. Please advise if the lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease are a progression of the veteran's mechanical lower back pain and mechanical cervical spine pain. If not, please state which disabilities are responsible for the veteran's limitation of motion, pain, gait, and abnormal spinal curvature (lumbar and cervical flattening). If this can not be resolved without mere speculation, please state.

From here the ARNP replies:

Discussion: Lumbosacral disc disease, lower lumbar degenerative joint disease, and cervical disc disease are not a progression of mechanical lower back pain and mechanical cervical spine pain. Unable to say if injuries in the service led to future lower lumbar degenerative joint disease, without speculation. Lower lumbar degenerative joint disease and lumbosacral disc disease and cervical disc disease were not noted on testing in the service. Unable to say if injuries in the service led to future development of lumbosacral disc disease and cervical disc disease. On 08/25/2010 He denied any injuries since past C&P exam.

Regarding limitation of motion, pain, gait, and abnormal spine curvature (lumbar flattening) FROM Mechanical lower back pain syndrome (LUMBAR STRAIN) and limitation of motion, pain, gait, and abnormal spinal curvature (lumbar flattening) from lumbosacral disc disease, lower lumbar degenerative joint disease; I cannot offer an opinion because of such knowledge is not available in the medical literature, and any opinion would be speculation.

Discussion: Unable to separate out the limitation of motion, pain, gait, and abnormal spinal curvature (lumbar flattening). The radiculopathy symptoms wold be more likely due to the disc disease.

Regarding limitation of motion, pain, gait, and abnormal spine curvature (lumbar flattening) FROM Mechanical cervical pain syndrome (LUMBAR STRAIN) and limitation of motion, pain, gait, and abnormal spinal curvature (lumbar flattening) from lumbosacral disc disease, lower lumbar degenerative joint disease; I cannot offer an opinion because of such knowledge is not available in the medical literature, and any opinion would be speculation.

Discussion: Unable to separate out the limitation of motion, pain, gait, and abnormal spinal curvature (cervical flattening). The radiculopathy symptoms wold be more likely due to the disc disease.

Now tell me I am not crazy by saying I should NOD this? Just by reading this and reading what was on the award letter are somewhat 2 different things. On the award letter it reads:

Mechanical cervical spine pain (also claimed as limitation of motion and bulge in neck and previously evaluation under DC 5290)

Mechanical lower back pain syndrome (also claimed as lumbosacral strain and thoracic spine and previously evaluated under DC 5295)

Something is not right reading the examiner's and RO's report and comparing it to the award letter. Please tell me I am no crazy ?

Any information is helpful right about now. Should I NOD or not? I am not wanting opinions but advice if this was you. Should I wait on my Thoracic Spine claim to finish or go ahead and write a NOD because I feel they missed it.

I truly believe someone lost my records and now that I sent copies of them to the RO along with my new Thoracic Spine claim this why it is now at the ratings office without me even having a C&P on my Thoracic Spine.

Now I see why broncovet said what he said. I am tired of being ran over and I am NOT going to be ran over no longer by the VA. If I have to get a lawyer and fight this I will. It is funny how they gave me 40% total just by the report of the C&P examiner whom could not "speculate" because it's not in the literature. If they only knew how much suffering I have been through because of this, if they only knew. And no I am not one of those who is going to "pop" pills the rest of my life just to ruin my liver in the long run. Either way, it is a no win situation.

Link to comment
Share on other sites

R Powell

Yes, you can get a copy of your records. Usually you go to the "Release of Information" section at the VAMC, where you will be required to sign a consent form. At my VAMC if the records you request is small, just a few pages, they hand them to you in a few minutes. However, if you need 1800 pages from 12 years of treatment, then they will be mailed to you in a few weeks.

Im pleased you were happy with your counselor. However, Im always skeptical when someone says, "Im with the government and Im here to help you." In my experience, there are sometimes REASONS why when people are "NICE". In at least once case I am familiar with, people were "nice" because they HAD to be nice...probably because they had mucho screwed up in the past. And some are "nice" because they WANT something from you. Im on my guard when people are a little too "nice". I believe it was Shakespeare who said, "Tho doth protest too much".

I knew a guy in the military who was "nice" to me....pretty soon, he was expecting favors "returned". I think this goes on in the VA a lot. The sup is "nice" to you giving you a bonus, maybe that you dont deserve. They EXPECT something for it..beleive me. Be cautious when accepting gifts from strangers...I would much rather someone call me an "A$$ AND MEAN IT THAN TO TELL ME THEY LOVE ME WHEN ITS A LIE.

Larry..

Thanks. I have gotten ripped from the mods and others about my posts a few times...accusing me of not helping Vets, being negative, etc. I think that VSO's or people on this board who recommend "one claim at a time" (even if you have 8 disabilites or dont have a definate diagnosis) are doing Vets a big dis service. One complained that Vets have 10 to 20 issues...basically suggesting that someone with that many issues was a fraud. Im not sure that the number of issues claimed has anything to do with fraud...in fact, wouldnt it be easier to defraud the government with ONE condition than 20? The guy with 20 sounds like an honest fella to me. When these people applied for a job at the VA, Im sure they tried to get the lowest salary possible, right? Yet they seem to be suspicious of a Veteran seeking the maximum benefit?

Not everyone in this forum is as anti-government that you seem to be broncovet!! I think its great that you DO help other vets in here. Its just that you DO come off as so negative about the government. I personally do not think any admin, mod, or member has treated you any different then anyone else here. I'm just saying! But keep helping the vets here cause you DO have some positive information to share.

Edited by Chu Lai69
Link to comment
Share on other sites

  • Moderator

Yes, by all means file a NOD. You can elect a DRO review or hearing. Some have had good luck with hearings because you can say, "Hey....where is my evidence for .......?"

In most decisions, the Veteran does not really know what evidence the VA has. Oh, yes, there is an evidence section in the decision, but often it is very vague, such as "Veterans medical records from 1 Jan 1904 Through 3 Jan 2011"....

If you do go the "hearing" route of appeals, then expect it to take longer. Someone suggested a phone or video conference hearing.

Make sure you file the NOD before a year from the decision date.

It is also possible to do a "Motion for Reconsideration" if you think they did not have all your evidence. Sometimes MFR's can go faster, but remember a MFR is not a NOD, so if you dont get an answer on your MFR before eleven months after the decision, file a NOD. Dont let it be one day late as the VA loves to deny based on late filing of the NOD.

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use