Berta Please Help....

[rdnkjeeper]

Did those decisions consider pain and the DeLuca Factor?

Could you explain this some more? I am rated 20% for my back. I have been fighting the VA since I got out of the Marine Corps. Never heard of those before....also they never care about my pain......

[rpowell01]

The DeLuca Factor:

DeLuca v. Brown, 8 Vet. App. 202 requires the VA in musculoskeletal disabilities to take into account limitation of motion resulting from pain or functional loss. Key word "Musculoskeletal"....Nerve damage causes spasms/trigger points which are musculoskeletal.

Type in google.com

DeLuca v. Brown, 8 Vet. App. 202

and see many, many decisions based on this.

Here is a good one: http://www4.va.gov/vetapp03/Files/0312744.txt

Trust me read about the DeLuca Factor

[rpowell01]

Also you can fight them all day and never win. The way to win is get proof. Go beyond and get the proof. Have an orthopedic examination or go see a neurologist about your SC's issues. Once they make a determination then you can use their reports as proof. Trust me I have learned the hard way and still learning thanks to those on this board.

[carlie]

I believe if you are already receiving SC compensation for a back disability due to ROM

at 20% or any percent above zero, then Deluca (pain) won't get any additional

compensation.

I might be wrong, other's will chime in.

[john999]

If you could show that the back pain has evolved into Chronic Pain Syndrome which is psychological as well as physical you might get something. People with chronic back pain often develope depression secondary to the back pain.

If you can't sleep at night and you worry all the time about throwing your back out it takes the fun out of life.

[Berta]

I see you are 70% now-

if you are not employed have you filed for TDIU?

In the 70% decision they should have made a statement as to why they did not consider you for TDIU at that time.

Their reason for that would be what you need to overcome to get TDIU.

When did you get the 70% SC decision?

Did you appeal it?

Good advise from all here.

[rdnkjeeper]

30% Chronic Pain Syndrome

20% Lower back muscle spasms (my VSO is trying to get that changed, have a bunch of herniated discs)

10% Sciatia

10% Neropathy

10% Knee (l)

10% Knee®

10% Chronic prostitis(SP?)

I had just never heard the term before.....

Thanks for all the help!