Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Rate this question


justrluk

Question

Good morning and Happy Thanksgiving to all at Hadit!

I need some advice: on a recent visit to the rheumatologist, I complained of worstening neck pain. The rheum ordered x-rays and in review, she stated that the osteophytes and narrowing were markedly worse than the last x-ray. She also ordered an MRI to see if there was any tissue being impacted. I haven't had the time to travel to the VAMC to get this done yet. My question: I am currently rated at 30% for DDD in this area. I can't seem to find the correct reference to the schedule of ratings for this issue. Can anyone lead me in the right direction?

Limbo is status quo for the VARO.

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

What kind of treatment do you plan to get besides PT and pills? Are you ready to go under the knife? I have similar problem. No cure for stenosis that I know of except surgery.

John -

I'm not there yet emotionally. It's constant and I'm waiting to talk to the rheum after the MRI to find the next course of action. Pills are all that I have at the moment.

Limbo is status quo for the VARO.

Link to comment
Share on other sites

I'm in the same boat. Neck getting worse. Scheduled for a consult with pain management. (been thru that clinic 3 times before for back - had spnal surgery, and neck last year, no help with epidural injections). Primary sent request in Oct.2012, appt. set for FEB. 2013! Crazy over booked under staffed at Bay Pines in Florida. Now some mysterious doc who I will never see, reviews everything (xray, MRI, therapy (traction), etc., and will decide if I get to see a neuro surgeon. Peyton Manning the football player probably had less damage and pain, and he was taken care instantly. He is luck he was never in the military, injured, and stuck with the VA.

So my advice is gather all documents, and file a claim yesterday, and when they deny you and have errors in their statement of case, appeal. Get back to us in 3-5 years and let us know how you made out. Sorry, but don't blame the messenger.

Sonny -

No blame here. Just looking for those that are there or have been to see what my options might be. The increase will come second only if there is a real need per the CFR.

Limbo is status quo for the VARO.

Link to comment
Share on other sites

I am also rated 30% for my neck and it is due to limited range of motion (ROM) due to DDD. To get any higher than 30% here is what the 38 CFR says:

(For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating

Intervertebral Disc Syndrome Based on Incapacitating Episodes):

With or without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease

Unfavorable ankylosis of the entire spine............................................................... 100

Unfavorable ankylosis of the entire thoracolumbar spine......................................... 50

Unfavorable ankylosis of the entire cervical spine; or, forward flexion

of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of

the entire thoracolumbar spine............................................................................. 40

Forward flexion of the cervical spine 15 degrees or less; or, favorable

ankylosis of the entire cervical spine.................................................................... 30

Forward flexion of the thoracolumbar spine greater than 30 degrees but not

greater than 60 degrees; or, forward flexion of the cervical spine greater

than 15 degrees but not greater than 30 degrees; or, the combined range of

motion of the thoracolumbar spine not greater than 120 degrees; or, the

combined range of motion of the cervical spine not greater than 170 degrees;

or, muscle spasm or guarding severe enough to result in an abnormal gait

or abnormal spinal contour such as scoliosis, reversed lordosis, or

abnormal kyphosis................................................................................................ 20

Unless your neck is totally incapacitated, I would think 30% is as much as you will get and another C&P examiner may say your ROM is greater than 15 degrees. From what I have seen, the VA is looking to reduce as many people as they can. Be careful and good luck!

Thanks, Mags -

I think I'll just stick to the medical treatment portion of all this. My ROM is getting worse, but I don't think it would warrent an increase in comp...The bump from 30 - 40% might not be worth the trouble.

Limbo is status quo for the VARO.

Link to comment
Share on other sites

  • HadIt.com Elder

Justrluk

I am not there yet either. One doctor said I did not need surgery and one said I did. I have pain, but there is no sureness that even if they fix my herniation or stenosis that my pain will go away. I have pretty full ROM, but just this miserable pain running down from base of my neck to my shoulder and arm. It is DDD and slowly getting worse. I have pills and I have to restrict my activites. After reading about the surgery I can understand your not being there yet.

John

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use