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

Im Hoping To Get Some Help. Not Sure What To Do Now?

Rate this question


That guy198742

Question

Heres my situation. 10% Service connected for arthritis, degenerative disk disease in my thoracic region. I always complained that the pain was coming from my lumbar region, but they always took an x ray and said thoracic. I got the MRI a few weeks back and it turns out i have arthritis in thelumbar region and also slight bulged disk. This is what has been causing me these problems and they are just now finding out. Without over exaggerating, I have a constant back pain. 24/7. I lost a job and missed a promotion because i wore a back brace to work. I really wanna work but i just cant do it with my back!. I have had 4 incapacitating episodes where i had to be treated at my local VA in the 1 1/2 years.

Does it sound like i warrant more than a 10%?

Will i need to file a new claim for the condition that hadnt been discovered till now?

I already felt like i needed to file a claim for an increase. Does it sound like i should get one?

Sorry for throwing so much out there, The VFW or is shit and wont return my call and i dont know what i have to do next. I just want to fix my back and not become addicted to painkillers.

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

Heres my situation. 10% Service connected for arthritis, degenerative disk disease in my thoracic region. I always complained that the pain was coming from my lumbar region, but they always took an x ray and said thoracic. I got the MRI a few weeks back and it turns out i have arthritis in thelumbar region and also slight bulged disk. This is what has been causing me these problems and they are just now finding out. Without over exaggerating, I have a constant back pain. 24/7. I lost a job and missed a promotion because i wore a back brace to work. I really wanna work but i just cant do it with my back!. I have had 4 incapacitating episodes where i had to be treated at my local VA in the 1 1/2 years.

Does it sound like i warrant more than a 10%?

Will i need to file a new claim for the condition that hadnt been discovered till now?

I already felt like i needed to file a claim for an increase. Does it sound like i should get one?

Sorry for throwing so much out there, The VFW or is shit and wont return my call and i dont know what i have to do next. I just want to fix my back and not become addicted to painkillers.

Link to comment
Share on other sites

What was the date of your last rating decision where you were awarded the 10%? If it was within one year, you may request a re-consideration and submit all your medical documentation to support your claim.

If your rating decision was longer than one year, yes, request a re-evaluation of your current 10% rating.

I would also request an evaluation for the degenerative disc disease and arthritis (lumbar region) secondary to your current condition.

Also, when submitting a claim, use VA FM 21-526ez. This is a fully developed claim. Submit all medical documentation to support your claim.

Remember, with the exception of the arthritis, your disability will be determined on your range of motion. If you submit a claim, I believe the VA will schedule you a C/P exam. When the Doc has you bending and twisting, you should stop immediately when you feel pain, pinching or tightning of the muscles in your back. I see veterans too often when they are told to touch their toes, they will and when doing so will be in a great deal of pain. by doing that will keep you at the 10%. Like I said just stop when you start feeling the above symptoms.

I see that you are rated 10% overall. I would submit a VA FM 21-686c with your application. Include a copy of your marriage license, birth certificates for all children, to include social security numbers for all.

When a veteran is rated 30% and above, said veteran is authorized to collect additional monies for their spouse and children.

The 21-526ez and 21-686c are not hard forms to complete. When you do have them completed, have all your documentation, just send to the VARO listed at the top of the first page of your rating decision.

Good luck!

Link to comment
Share on other sites

When was the date of your last evaluation? If it was within one year, you can submit a request for a reconsideration and send all medical documentation in support of your claim.

If the claim is longer than the one year, you can submit a claim for a re-evaluation.

I would suggest that you file a claim to re-evaluate your current condition that is 10%. I would also request an evaluation for the herniated disc and arthritis, secondary to your current condition.

I would complete a VA FM 21-526ez (fully developed claim) and provide all medical documentation to support your claim.

Also, I would complete a VA FM 21-686c (dependency), provide a copy of your marriage certificate and birth certificate for each child. When a veteran is rated 30% or higher, they receive additional monies for their family. In my opinion, based on what you wrote above, a 30% or higher may be warranted.

Remember, when you submit these documents, make sure you send all documents to support your claim. These claims are being adjudicated within 90 days in many of the VARO's

The VA will schedule you for a C/P exam. When you attend this exam, they will have you touch your toes, bend sideways and twist your upper torso left and right. You should remember that as soon as you begin a movement, you should stop as soon as you feel pain, tightning of the muscles or spasms. If you bend over and touch your toes, 10% is what you will receive. Each veteran that I see is told the same thing, stop when experiencing the symptoms I listed above

When you have these claims completed, all documentation is enclosed, send them to the VARO listed at the top of page one on your previous rating decision. Of course, send them registered mail of course and keep copies of everything you send.

Good luck!

Link to comment
Share on other sites

Have you applied for SSD?

I hope this thread can come back to life for me, I did apply but havent heard anything back. since I am only 25, do you think i will qualify? Im in a holding pattern as of now. I filed for an increase after talking with my vfw rep. I am supposed to start a very good job as a substation electrician apprentice, and I am worried my condition will get in the way. I am going to be honest on my physical about all of my back problems. I was wondering if that was the scenario (i couldnt complete my apprenticeship because of back issues) will i be able to attain an unemployability rating? Im very unsure about the unemployability rating as i have only heard of it here on the forum. Once again thanks for responses.

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

    • 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
    • jERRYMCK 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