Lower Back; Help Please

[Aremihc]

This is my first post and I apologize if it's in the wrong area.

I researched other peoples issues but I find mine to be a bit unique.

I will do this chronologically and as summarized as possible:

I left the U.S. Army Infantry in May of 2009, after serving since Jan 2006.

I had not found any work but I was attending school (GI bill was coming in nice). When I received a recall packet (not unexpected at all) I dropped school happily to have my back checked out. Soon enough, they found the problem and released me.

9 Oct 2009

FINDINGS: There is bilateral spondylolysis at L5 with grade 1- spondylolisthesis of L5 on S1.

IMPRESSION: 1. Bilateral spondylolysis at L5 with grade 1 anterolisthesis of L5

on S1. 2. Indistinctness of the superior endplate of L5, this may be

artifactual, however a CT scan of the lumbar spine should be obtained for more

complete evaluation.

15 Oct 2009

Radiologic Examination Report

Procedure: CT L-Spine w/o contrast

CAT scan lumbar spine

There is grade 1 spondylolisthesis. No abnormality otherwise identified.

Transcription Date/Time: 15 Oct 2009

23 Oct 2009

Provisional Diagnosis:

ACQUIRED DEFORMITY - SPONDYLOLISTHESIS

Reason for Request:

23 yeat old USIRR male with grade 1 spondylolisthesis, please evaluate and provide recommendations for deployability.

---

Consult(s): -Referred To: PHYSICAL THEMPY CONSULT (72 Hours) Specialty: Clinic: PHYSICAL THERAPY

Primary Diagnosis: ACQUIRED DEFORMITY - SPONDYLOLISTHESIS

2. sleep disturbances: Pt reports trouble sleeping seocndary to his physical symptoms. Has tried Ambien in past, was not able to

tolerate med due to adverse side effects. Will start trial of Lunesta.

Medication(s): -ESZOPTCLONE (LUNESTA) 1MG--PO 1MG TAB - TAKE 1 TABLET By MOUTH AT BEDTIME #30

RFO Ql 30 Rf: 0

&

MedBoarded

Now, I spent some time trying to get school back organized (disaster) when I got back.

That and I took on the big ole VA alone:

Dear Mr. (so and so)

We made a decision on your claim for service connected compensation received on

December 10,2009.

We determined that the following condition was not related to your military service, so service

connection couldn't be granted: Spondylolisthesis (claimed as back and spinal condition)

During this time I was being made a cuckold by my now ex-wife who thankfully; bore none of my children.

So I deal with my divorce and struggle to survive. Having still worked absolutely no jobs, I try for school again.

Only this time I received my GI Bill a day after the last day to drop classes.

I'm basically living out of my car when Dec 2011 rolls around and----

*Ring ring ring*

"We want you to be Intelligence for the reserves"

Ummmm.... unemployed for 3 years; yea, i'll go intelligence.

BUT

I want my back taken care of first because it's worse than ever.

VA denied me so I never tried any support other than a chiropractor.

I'm a 11B grunt, what do people expect??

Reserves say: No problem

VA looks at my file like a train wreck, my unit gets SRP so probably deploying; my back gets checked:

LOD - now they're looking at a medboard (#2 by my recollection).

I'm stressed, I started to smoke marijuana because my g-ma that raised me (I moved one block from her nursing center to help feed/entertain) died a few months ago. I self referred to my command and now i'm in OSAP.

While OSAP will help me quite smoking cigarettes, I doubt it will be as useful for me with marijuana.

(My joke: Nicotine gum was my gateway drug.... didn't go over well)

I know i'm going to smoke, it helps better than all the meds.

My unit revoked my security so no longer can I "run S-2". Instead I'll be tasked to menial 11B labor for a stoner.

I came to work, I busted ass; I even said "I'll come in for the flag". What did I get in return?

First Ibuprofen, then;

Tramadol

Baclofen

Meloxicam

I initially opted out (myself!) of all of the higher end drugs because of my addictive personality.

I'll pass on the surgeries, i'm 25; I should be able to do therapy! (Not a therapy 2 hours away, making the event worthless because the drive back will destroy everything they do....)

All the meds either make me sick; or make me loopy.

I only take baclofen now for bedtime when necessary...

-----------

Now i'm supposed to talk to someone in the benefits section eh?

It's been 3 years, I feel pain in my UPPER back, shoulders, neck, and arms as well as my lower extremities. My spine looked dominoed at my chiropractors and now the VA tells me:

Treat it psychosomatically

The pressure has me curling my toes all day long, I am in pain, I have trouble finding and holding suitable work that doesn't make me feel like a bus ran over me.

They have had me shredding paper in the reserves because they know about my problem.

When I've been asked about my back from VA, they say "Can you touch your toes".

Never have they asked, "How far can you go before it hurts"....

I always touched my toes and said "Thanks, now my back feels like ice" to those bastards!

Any helpful data would be nice, I want to apply for 100% (Not looking to be a lifer people, I just have NO SUPPORT FOR MY CONDITION). I just want resolution so I can get back to a REGULAR life.

My doctor should write me a bed rest prescription; it will prevent me from being hard labored at Drill these next few months thank god.

Lastly; I exited the military over 200 pounds. Today I weigh 145.

I've done the exact OPPOSITE of the boy who cried wolf; yet i'm treated as a malingerer the ENTIRE process.

Any help at all, I will no doubt be homeless again soon when the paychecks stop coming next month.

[john999]

I would try and get psychiatric referral due to chronic pain and depression.

[rdnkjeeper]

I completely understand and can relate a little. I hurt my back in 1996 at the age of 22. The military told me that there was nothing wrong with my back. Fast forward a year and I am service connected for my back, but at 0%. I am happy, but know I am more disabled than that. So I appeal, when it is denied I drop it. About 5 years later I reapply for an upgrade and have to appeal it to get upgrade to 20%. I just a few days ago got up to 40% and I had to appeal that one too. If need someone to talk to or whatever shoot me a message. I'll try to help out as much as I can.

[Quint7]

You are all over the place on this. Let's get some stuff down:

Why did your enlistment end? Early release? Med Board? I don't think they do 3 year enlistments anymore do they?

When you got out did you immediately file ANY claims with VA? Or did you file after being refused re-entry upon being recalled?

Did you ever see anyone in the medical field for any injuries period while on active duty and is it documented in your service records?

Did you have any type of undocumented back (or other) injuries while on active duty that are not documented but could be by things like Buddy Statements from other troops who witnessed the injury and will attest to it in writing?

Do you see a neurologist or orthopedic doctor?

My 1st advice is to see a neurologist. As mine told me after I wasted months and months with a orthopedic doc "I'm a brain surgeon, he does old ladies hips and knees. I'm a BRAIN SURGEON". This is your central nervous system, don't settle for a bone doc, demand referral to a neurologist if you haven't been seeing one.

Also, demand a MRI. The VA itself lists the MRI as "the gold standard" in the Fast Letter about DDD/IVDS.

Next, get any and all evidence you can to support your claim as far as proof of injuries, statements from witnesses, and after reading the VA Fast Latter on DDD/IVDS (IVDS is another name for DDD) in the Spine Claim Repository you write your claim and specifically list all of the things you did as a grunt that are listed on the DDD Fast Letter as causes of DDD.

You then demand that the VA follow their own statements and service connect you for it.

I have DDD and by using this site and specifically the info in "Spinal Claim Repository" to prove to VA that my back injury happened in service. There is a lot of info a guy named Rentalguy on here used to prove his case and it is all good, but the VA's own Fast Letter explaining exactly what DDD is and how troops can end up with it (including that it can take years to manifest itself) is the strongest evidence you can use. It outlines everything for VA and you need to plug yourself and your service experiences in to it to explain to these raters that they do not have a choice, they are bound by law and their own regs to approve you at a compensable rate.

As for your pain, etc. you again need to see a neurosurgeon or a different one if you do already. I'm a fireman, I couldn't walk before my spinal fusion after having problems since 1993 in the Marines. Just got worse and worse. The orthopedic doc wanted to open my gut and back, remove 2 discs and put screws and a cage in, thus ending my career. After almost a year with that doc I saw our area's top neurologist (took3+ months for an appointment) and in 5 minutes he explained why that other guy was a quack. I ended up with one disc removed, only 2 screws (fusing 2 vertebrae instead of 8 fusing 3 vertebrae like ortho doc wanted), no cage, no opening my gut, and I've only had problems twice in 3 years and that is because of knee problems (also service connected) that have led to muscle spasms (knocked down in 2 weeks on melxocam). I just had knee surgery #2 in 9 months yesterday and did a 2 week stint on melxocam before it. It is supposed to be a 2-3 week long series of meds only. I hope they don't have you on it non-stop. The rest of the meds are boilerplate back problem meds.

Meds aren't going to fix you. Like I said, you need an MRI and a review of it with a well qualified neurologist. Don't let them talk you into implants or pt or anything that isn't going to remove the problem.

I hope that helps. The info you need to win a claim are on here. The info you need to get better is up to you to fight for.,........ sadly.

[ketchup56]

Aremihc

Spondylolishtesis is acquired 100% from spondylolysis. When the va said it was an acquired condition they were absolutely correct. Spondylolysis cannot be service connected due to being a congential condition BUT if you claim that your spondylolishtesis was SUPERIMPOSED UPON by your spondylolysis which caused the other conditions with your low back you will win .Reason saying without me even seeing your reasons and basis for denial i bet you some of there reasoning was that it was a defect and defects are not service connected. The va WILL NOT tell you this SUPERIMPOSED THEORY but if you research bva and cavc cases involving spondylolysis you will see how veteran law judges view these condtions and their decisions on SUPERIMPOSED CONGENTIAL CONDITIONS. VA will say spondylolysis pre existed your service which PROBALY is true so since it was pre existing your military service you can claim AGGRAVATION of your pre existing spondylolysis, or you could just claim direct service connection of Spondylolishtesis, SUPERIMPOSED UPON by the rigors of your military service as an INFANTRYMAN. That and fact that va and the dod has already admitted that it is an acquired condition. ACQUIRED HOW? Stresses of military service, heavy back packs, etc. My opinion is that you have the evidence you need you just need to research and use the wisdom that's here at hadit. The condition you have will cause a variety of other conditions to develop if not taken care of properly. I know because i have the same condtion and i know what you are dealing with as far as the pain, depression or just the struggles of everyday life.I'm total disabled on ssdi for this condition.Hang in there WE WILL WIN THIS.

[Aremihc]

I could only scan over the comments just now but I have to say a big:

THANKYOU

to all of you on here. The information you are giving me is top notch!

Today I wanted to prep my older medical files and look for discrepancies.

Sadly i've been dealing with a ton of other issues (flat tires, stripped nuts, rent, etc etc).

I'll have more information by this weekend after organizing my med files.

Real quick though:

I do not have any information relating it to being aggravated or superimposed.

After I was recalled (about 4 months from active duty) I was given the release documentation. (Filed with Va after being refused re-entry through recall)

Will serving in the Active Reserve (4 months) allow me to restart a new claim easily with the VA? Or do I have to deal with the initial claim I sent in 2009 first?

The only reason I was allowed into the reserves is because I was NEVER medically screened until very recently when they held an SRP (readying for deployment) My objective from the beginning of the Reserves was to fix my back, and the VA has all that on record :D

My doctor is seeing me Friday and i'm certain he'll validate my bed rest. Something I need so I can take care of VA appointments and avoid the heavy duty i'm about to get Saturday (Boy my first lines are gonna be pissed, meh). My physician is Ron Pauls son so i'm certain he'll agree with me on my issues with Government :D

Keep it coming

[ntyler0341]

Quint7:

Im lost to Fast Letter about DDD/IVDS. Can you point me in the right direction about this? Also, you mention Rentalguy providing good information. Is the info he provides on hadit?

Ive been at 10% for my back since 97 or so. Today, i have an QTC appt for this. I reopened my claim 8 months ago. It has never gotten better, only worse. I was a grunt from 1990-94. I injured my back fast roping during night operatiins. Its dicumented in my medical records, and i did 2+ years of physical therapy and shock treatment.

The one thing I have yet to do, is use the VA's rules against them- as you state.

Thanks

Nate