How Should I File For Increase On Ddd?

[vetwife]

My husband was granted s/c for DDD in May 2010, He was also granted another issue and had other items remanded.

The BVA sent claim back to RO for rating.

RO rated DDD 10% in June 2010. & sent to AMC to deal with the rest.

The 10% rating for his DDD was low & it was based on a 2005 C&P (5+ yrs old at the time).

Since then x-rays have shown more damage & flexation is much less. As you know DDD is progressive

We wanted to request the higher DDD rating based on the above, but didn't want the rest of the claim to be taken out of the rating stack to work this claim, so we decided to wait until those were processed. Since we had a year to file a NOD, we thought that was the best route.....

It has been nearly a year & those are not processed.

Should we file the NOD or request for higher evaluation now (only have about 2 weeks until year is up) Or continue to wait & loose eed.

We don't want to loose the retro if the other claim gets low-balled, but don't want to slow things down anymore than they are....

Also, he has an appoint with a spine specialist next month, which I am certain will give us more evidence for the higher rating - but it is after the 1 yr mark. Could I send in the request for higher evaluation to keep the effective date & then send the new spine info after the exam?

[david walker]

I would get and MRI. Im sure the sp. will want one.

[vetwife]

Is there any rating for osteophytes that grow on the degenerated area?

[Vync]

Is there any rating for osteophytes that grow on the degenerated area?

I believe the same spine/IVDS rating criteria would still apply. (CFR 38 part 4 B 4.71a - General Rating Formula for Diseases and Injuries of the Spine)

For those who do not know, osteophytes are also known as bone spurs. They can impinge (press against) the nerves and cause all sorts of horrible pain and problems.

[vetwife]

So if a large osteophyte (bone spur) grew on the DDD area & was impending on a nerve/blood flow etc.. would that be a secondary claim to the S/C DDD ? or would it be lumped together?

[Vync]

The presence of an osteophyte itself may not necessarily warrant a new, increased, or secondary claim. What you need to look like are the side effects or residuals which can be applied as secondary to the DDD. Here are some ideas:

1. Take the existing DDD/spine rating and see if existing factors (i.e. reduced range of motion, incapacitating episodes) warrants an increase in rating.

2. Look at any side effects which could be rated as secondary to the DDD/osteophyte. Common side effects can be radiculopathy, numbness, or neurological issues in extremeties. I believe these are covered under neurological ratings.

IMHO, this should be a good starting point for you. Definitely check the VA's schedule of ratings for the specific issues. Be sure to search around on this site because there are many others here which have probably had to go through the same thing.

[jbasser]

My husband was granted s/c for DDD in May 2010, He was also granted another issue and had other items remanded.

The BVA sent claim back to RO for rating.

RO rated DDD 10% in June 2010. & sent to AMC to deal with the rest.

The 10% rating for his DDD was low & it was based on a 2005 C&P (5+ yrs old at the time).

Since then x-rays have shown more damage & flexation is much less. As you know DDD is progressive

We wanted to request the higher DDD rating based on the above, but didn't want the rest of the claim to be taken out of the rating stack to work this claim, so we decided to wait until those were processed. Since we had a year to file a NOD, we thought that was the best route.....

It has been nearly a year & those are not processed.

Should we file the NOD or request for higher evaluation now (only have about 2 weeks until year is up) Or continue to wait & loose eed.

We don't want to loose the retro if the other claim gets low-balled, but don't want to slow things down anymore than they are....

Also, he has an appoint with a spine specialist next month, which I am certain will give us more evidence for the higher rating - but it is after the 1 yr mark. Could I send in the request for higher evaluation to keep the effective date & then send the new spine info after the exam?

You dont have to submit evidence right away. I would NOD since you asre still within the time limit and add the Evidence later when you get it. If it works, they will increase it anyway but the Date will be the date the condition arose. This is usually based on medical evidence.

Now for the bad part. If he is rated under IVDS, then the ratings are based on the number of incapacitating episodes or bed rest. He has to have so many week sof bed rest in a year to qualify for that rating.

Jbasser