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vetwife

How Should I File For Increase On Ddd?

Question

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?

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Thanks, that is what I thought - don't want to loose the EED -

is it possible to send in the NOD, but request they wait until the other claim is rated before pulling it?

It has been over a year since granted & been waiting for a rating since. Hate to have it pulled out of the pile.

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

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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.

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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?

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