Lower Back Injury....and Assorted Stuff

[StreetWalker]

Still waiting to hear from the VA on my reopened claim. But I'd like to get an idea of what to expect.

Had back surgery at the Naval hospital on Okinawa back in 1979. Was rated at 10% by the Marines. VA rated me at 20% in 1980.

Fast forward to now.

Daily muscle spasms. Constant pain in lower back and radiating down both legs and buttocks. Left leg is around 25% weaker than right leg. Left leg is noticeably smaller than right leg. Range of motion is very limited. Bending correctly, not using hips, I can barely bend forward at all. I can't stand on my tip toes for more than a couple of seconds. Can't walk on my heels. Reflexes in left leg are muted. Can't balance on left leg without support. I'm missing around 25-30 days of work per year.

Now due to 30 years of medication for the back my stomach is shredded. Heartburn constantly, reflux almost daily. I get reflux at night and a couple of times a month I aspirate the reflux.

The reopened claim is for the stomach problems and an increase in the rating for my back.

As soon as this claim is settled I will be filing for depression. For years I've been trying to "man up" and ignore the depression but it's gotten to the point where I can't hide/ignore it anymore. My wife has told me to get treatment or else.

So the question for all of you with lower back problems is what do you think I should be rated at?

The kicker is I have a walking route delivering mail. I pretty much just suck it up and pop pills to get the route done every day that I can. Is this "active" job going to hurt me when it comes to my rating?

[Irish-7]

I had 6 weeks of doctor ordered bedrest within 12 months of military retirement and filing for disability. I felt that this met the criteria for intervertebral disk syndrome in that I have a bulging disk (L4-L5) and a herniated disk (L5-S1). The doctor's clinical notes from the 2 weeks (01-15 APR 10) and the 4 weeks ( 10 MAY - 07 JUN 10) were turned in 4 times. During my Comp & Pen Exam, I asked the doctor if incapacitating episodes had any bearing on my rating. He did not want to talk about it. I had the C&P Exam narrative mailed to me. The question that pertained to incapacitating episodes was answered "about once per month". I copied the notes (3rd submission) and faxed it to the VAMC deciding my claim. I sent the whole exam, with my corrections to all the mistakes, through my VSO with the VFW to the VA as well (4th time). I was rated 20% for my lumbar spine. The Web Automated Reference Material System (WARMS) states that 6 weeks incap/bedrest is 60%. I did get an overall rating of 90% and have been approved for Individual Unemployability. I don't want to sound like a malcontent, but I really want this corrected. Should I appeal or file NOD for DRO? Perhaps I am misunderstanding something here. There is no way the rater missed this evidence, as it was highlighted in my file. Either I did not meet the criteria, or the VA deliberately ignored this. Any input would be appreciated.

[carlie]

I had 6 weeks of doctor ordered bedrest within 12 months of military retirement and filing for disability. I felt that this met the criteria for intervertebral disk syndrome in that I have a bulging disk (L4-L5) and a herniated disk (L5-S1). The doctor's clinical notes from the 2 weeks (01-15 APR 10) and the 4 weeks ( 10 MAY - 07 JUN 10) were turned in 4 times. During my Comp & Pen Exam, I asked the doctor if incapacitating episodes had any bearing on my rating. He did not want to talk about it. I had the C&P Exam narrative mailed to me. The question that pertained to incapacitating episodes was answered "about once per month". I copied the notes (3rd submission) and faxed it to the VAMC deciding my claim. I sent the whole exam, with my corrections to all the mistakes, through my VSO with the VFW to the VA as well (4th time). I was rated 20% for my lumbar spine. The Web Automated Reference Material System (WARMS) states that 6 weeks incap/bedrest is 60%. I did get an overall rating of 90% and have been approved for Individual Unemployability. I don't want to sound like a malcontent, but I really want this corrected. Should I appeal or file NOD for DRO? Perhaps I am misunderstanding something here. There is no way the rater missed this evidence, as it was highlighted in my file. Either I did not meet the criteria, or the VA deliberately ignored this. Any input would be appreciated.

Please repost your info & questions as a new topic and start a thread.

[Teac]

Hmm.... no one ever told me that nerve impingement should be rated separately. Going to have to look into that. May have to file a claim for that and depression as soon as this claim comes through.

Yes it can be rated seperatly. The va changed the rating schedule concerning this in 2001. With Nerve inpingement becaue of DDD it usually affects the siatiac nerve and may cause dropfoot, both rated as listed below :

Sciatic nerve 8520 Paralysis of: Complete; the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost 80 Incomplete: Severe, with marked muscular atrophy 60 Moderately severe 40 Moderate 20 Mild 10 8620 Neuritis. 8720 Neuralgia. External popliteal nerve (common peroneal) 8521 Paralysis of: Complete; foot drop and slight droop of first phalanges of all toes, cannot dorsiflex the foot, extension (dorsal flexion) of proximal phalanges of toes lost; abduction of foot lost, adduction weakened; anesthesia covers entire dorsum of foot and toes 40 Incomplete: Severe 30 Moderate 20 Mild 10