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?

[brokensoldier244th]

After you file your NOD you can continue to submit evidence-id go that route rather than having to start your claim all over again.

CAS

[vetwife]

Thanks to you all for your advice. I did send the NOD (w/proof of mailing) to keep the EED for any possible increase in rating. He has an appointment with the spine specialist next week. MRI & x-rays too, so I will make sure to get copies and submit as evidence.

He is not rated under IVDS, he is under DDD @ 10% using ROM, but the ROM they used was from 6 yrs ago. I think the bone spurs are causing a lot of issues, but will wait and see what the MRI shows & Dr opinion . I'm sure I'll post more questions next week.

Thanks again

[brokensoldier244th]

Bonespurs eventually can become ankylosis, so yes, they can affect movement. Good luck!

CAS

Thanks to you all for your advice. I did send the NOD (w/proof of mailing) to keep the EED for any possible increase in rating. He has an appointment with the spine specialist next week. MRI & x-rays too, so I will make sure to get copies and submit as evidence.

He is not rated under IVDS, he is under DDD @ 10% using ROM, but the ROM they used was from 6 yrs ago. I think the bone spurs are causing a lot of issues, but will wait and see what the MRI shows & Dr opinion . I'm sure I'll post more questions next week.

Thanks again

[vetwife]

Spine specialist said his forward flexation was 15 & then had him lay on his back and pushed legs, it was 30.

DDD on lumbar spine was granted, but What should the rating be with those numbers?