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Ivds And Other Secondary Issues


TravHill
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Question

Hoping that I can get some clarification on this issue. I have been reading and reading BVA appeals and I'm now more confused then when I started.

I was originally rated in 1999 for Intervetebral Disc Syndrome of the lumbar spine and awarded 20%. All is well and stayed with that for almost 11 years.

In 2010, I applied for an increase due to incapacitating episodes and as a secondary issue to IVDS is right sided sciatica. Rating of the spine allows for rating based upon ROM OR incapacitating episodes. Once all issues are rated and combined (VA is suppose to give the highest % based upon ROM or incapacitating episodes).

Now my question....if rated under incapacitating episodes criteria, does the IVDS diagnosis take in account the sciatica and other issues considered to be part of IVDS...and would already be considered compensated under the IVDS, or will that be rated separately?

On the fuzzy VA math

Incapacitating episodes over 6 weeks = 60% (which I have documented proof)

Moderate Sciatica = 20% ---> really ='s 8% (if not covered and considered as part of IVDS)

Total would be 70% for compensation or 60% if sciatica is not rated separately

Range of motion based upon C&P Exam was 30% flexion = 40%

Moderate Sciatica = 20%-----> really ='s12%

Total would be 52% for compensation

Hope I didn't make it too confusing.

Thanks

Travis

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Since 2003, when the new rating schedule went into effect any nerve conditions are rated seperately...

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They are supposed to rate it according to the highest rateable condition. The max is 60. They are supposed to rate the nerves separately.

I see a lot of vets get shafted on this criteria as they dont often follow the regs.

J

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Thanks for the input.....I will ensure (or at least try) that sciatica is rated on their own....

Travis

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