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

[That guy198742]

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.

[That guy198742]

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!

Thank you very much, im headed down to the VA tomorrow.

[71M10]

Until you get the rating boosted up, unemployability is going to be very hard to get. Do you have a copy of your C-file (file VA has on your disability and the documentation they used to make your rating)? If you do not have your c-file you need to request a copy of it from your VARO. Their address will be on the decision letter that granted your 10% rating. The request can be as simple as a letter stating you request a copy of your C-file (include your file number) to include Service Medical Records . Under the privacy act you are generally allowed a copy of any files the government has on you. Once you receive your files you need to read thorugh the xray reports and exams. If anywhere in those reports they indicate kyphosis or Scoliosis, you have a strong case for an immediate increase to 20%. If you have kyphosis or scoliosis it should also be easier to Service connect your lubar segmant (all though currently for ROM thoracic and Lumbar are rated together) and your cervical segment. The reason for this is scoliosis or khphosis generally knock your spine out of alignment causing increased loads on the other segements. This increased load often causes damage to the disks and nerve roots. CFR 38, subsection 4.59 clearly states "It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint.".

I have an inkling of what you are going through brother, I was diagnosed with arthritis in the spine at 22, but the VA hid this from me and gave me a 0% rating, the award letter said "5099 bone condition" even though the rating codes on the decision were 5242 degenerative arthritis of the spine and 5237 Lumbosacral or cervical strain. When I found out about this in 2006 (I left service in 87, VA decision 88) it made sense, tell a 22 YO he has arthritis and he might appeal, tell him its a "bone condition" and he nods his head and soldiers on. In 2006 I was just trying to get physical therapy for my back, they said I couldn't get health care for my SC injury because I was a 0% (contrary to the letter I had from 1988). When I went through my records, I found lots of things they didn't tell me about, Hypertension, heart condition... Well I am at 90% right now and I am told I have a 100% rating comming in the mail. Sure would have cost the government a lot less money if they would have just given me the physical therapy!!

Without the help and guidance of HADIT members I would still be holding a 0% rating.

I have recently been thinking about inversion therapy and whether it would help. I think it is a good idea to be leary of the massive amounts of painkillers. Fortunately (or unfortunately) it hasn't been an issue with me since i am allergic to opiods.

Best regards,