Nod For Lumbar Back Pain.

[HSCM]

Good Evening. When I first got my VA rating package I was pretty happy with the 80% I got, but reading deeper in to it, it appears they made a few mistakes. One was so obvious, claiming my allergic hadn't gotten worse with service, even thou I had been on 7 different meds and wasn't service connected, and it is. I am working on an appeal for it.

The real reason for this post is how the VA rates back pain.

I have chronic lower back pain, on any day of the week it a 4 out of 10 on the pain scale, but with pain I can flex to 70 degrees. But the pain worsens at about 30-40 degrees. All resulting from years of flying, riding the cutters and two auto accidents. There are a few herniated discs, but currently not messing with my legs. I got 10% for my back for degenerative disc disease.

How are they suppose to rate range of motion, when the pain starts or as far as I can go? Is it worth doing a NOD for maybe an extra 10%.

I plan on claiming a couple things I missed on the first pass, I don't expect to get enough for 100% rating, but I can see 90%.

[sarahsmith30]

Lumber back pain may occur due to wrong sitting and sleeping posture, work on laptop or computer for a long time, using a normal chair instead of an ergonomic chair or recliner chair, lifting or carrying heavy bags or weights, taking exercise irregularly, getting injuries, maintain bad posture, etc. A few months ago, I was suffering from lower back pain. When the pain raised to an extreme point, I went to the doctor and done an MRI and XRAY. My doctor found a little disk bulge problem on my lower back pain. I was so worried. The doctor advised me a few back exercises and told me to maintain good sitting, sleeping, and other postures. I followed his advice for a few months. A few months later, I feel good and my pain on the lower back has gone. From my personal experience, I can say that exercise is the most effective solution to cure back pain. Meanwhile, I studied a lot of websites and video tutorial and learned more new things about back pain. I share a few helpful back pain causes and treatment below. Best of Luck.

https://www.webmd.com/back-pain/causes-back-pain
https://www.medicalnewstoday.com/articles/322582.php
https://www.youtube.com/watch?v=2VuLBYrgG94
https://www.youtube.com/watch?v=dD-blx5sjJY
https://www.mattressinsight.com/causes-of-back-pain/
https://www.webmd.com/pain-management/ss/slideshow-relieving-back-pain
https://www.spine-health.com/blog/6-overlooked-remedies-lower-back-pain-relief

[Hoppy]

HSMC

I have a pretty good working knowledge of allergy claims. I am service connected for an allergic condition. I can probably help you focus on what is important. I would need to know what causes your allergic reactions. That is of course the allergen has been identified. Also, I need to know exactly what the reasons and basis was for the denial. It sounds like you had allergies prior to service which was compared to the frequency or severity of the reactions in service. What medical records were available establishing the frequency and severity of pre-service symptoms? There could be hidden issue in an allergy claim that they did not identify in the denial letter. They can raise these issues at any time to deny the claim. I can help identify hidden issues.

As far as your back goes were any of the car accidents or injuries post service? Also they can rate your back on the basis of incapacitating episodes. If a doctor prescribes bed rest from time to time in order for your back pain to be controlled they can rate your back based on the number of incapacitating episodes a year. If the total number of days per year that you require bed rest is two weeks they can rate you at 20%. If this is applicable to your situation check the rating schedule. This type of rating can go all the way up to 60% if the number of days of bed rest exceeds six weeks a year. The bed rest needs to be prescribed by a treating doctor.

Edited January 30, 2012 by Hoppy

[TravHill]

They are suppose to take into account limitations caused by pain. Simply put, when pain starts, stop bending and tell them it hurts. Can you go further....probably and so could EVERYONE else. It's not cheating, it telling them what your limitations are and it's important that they know that so that they can rate you correctly.

Specifically:

"In DeLuca, the court held that when federal regulations define joint and spine impairment severity in terms of limits on range of motion, VA claims adjudicators must consider whether range of motion is further limited by factors such as pain and fatigue during "flare-ups" or following repetitive use of the impaired joint or spine."

For incapacitating episodes, the criteria is very specific. The treating doctor must prescribe bed-rest. It must state BED REST, not that they recommend that you take it easy, or stay home from work. If it doesn't say bed-rest, then it doesn't count.

Good Luck

Travis

[HSCM]

Travhill,

That was the answer I was looking for, I figure if I am going to NOD item, I might as well go big or go home. While 100% would be nice, I dont see that as a reality. The VA here gave me 0% for anitiy disorder witha GAF of 67.

Reviewing my health record I forgot to claim stuff like GURD and testis atrophy caused by hypogondism . Never knew that Gurd was 10% and Testis were 20%. I am already getting SMC (k).

Thanks for the help, without Hadit I wouldn't have gotten what I have now.

[HSCM]

Not sure what exactly causes my allergic rhinitis, it is a annual thing and I been on some form of allergy med from Seldane to now Zyrtec and flonase. They all seem to work pretty well. The denial was based that I had claimed hay fever when I enlisted, and they stated I took Benadryl and Sudafed for, which at the time I had an allergy to. Which means they never read my service notes, there is a well documented history of treatment, which they over looked.

I am looking for the service connection, if I get the 10% with it even better. Sitting at 80% is going to take a lot of 10% to get me to 90%, just pissed off they didn't even look.

The car acidents both were while on active duty. I have many herinated discs in my lumbar spine. I haven't gotten any bed rest while active duty so I wanted to use the ROM angle for it. I have the pain all the time, and it gets worse around 30 degrees.

[Hoppy]

Who told you you had "hay fever". If you were not diagnosed by a doctor prior to the military with the same diagnosis or symptoms that occurred while you were in the military I would appeal the claim.Tell the VA you were just guessing at what you had. Explain to them there are many conditions that produce similar symptoms. Irritants, colds, infections and non allergic rhinitis, If a doctor did not test for eosinophils there is no objective evidence that clearly and unmistakenly shows that what you called 'hay fever" was not some other condition.

Without a good work up pre-military performed by a doctor you can only guess what you had prior to the military. Most people learn diagnostic terms involving nasal symptoms from teachers at school, family members and friends.

As far as seasonal allergies go it is a coin flip. I can find cases where they deny them and cases where they award them. It depends on just how much medications and whether or not you can control the problem. It is easier to get seasonal allergis service connected than food and medication allergies. The VA usually will not service connect allergies if the allergen can easily be avoided.

Edited February 6, 2012 by Hoppy