Ssoc - What Does This Mean?

[tom91]

I'm struggling with understanding what the VA is saying in the SSOC I received for appeal on herniated nucleus pulposus.

BACKGROUND

Received medical discharge in 1991 for HNP rated @10%. Filed claim for increase in 2008, received 20% and subsequently appealed decision. BVA hearing, remanded to RO in 2012. New C&P in 2012.

Filed new claim for T and C spine condition in 2011. VA modifed claim as follows: cervical spine condition, radiculopathy (one for upper © and one for lower (T)), and thoracic spine condition. C&P scheduled for cervical condition & cervical radiculopathy. Approval issued for radiculopathy for lower (T). Thoracic spine condition deferred to be included in appeal.

Our confusion lies with the summary provided for back in SSOC. It reads as follows:

An Evaluation Higher than 40% for SVC Lumbar Spine Disability

After careful consideration we have confirmed and continued the evaluation of 40% for your degenerative arthritis of the lumbar spine. Evidence of record does not show that an increase to 40% is due prior to that date. THe evidence of records does not show that a higher evaluation is warranted under the rating schedule.

We obtained and reviewed VAMC treatment records. THese records do not evidence symptions to warrant a higher evaluation.

A 40% evaluation is assigned from xx/xx/2009, the date facts were found. The treatment records from xx THerapy shows range of motions measurements of 25 degrees flexion, 2 degrees extension, 5 degrees of left & right lateral rotation. The symptoms reported from VA C&P xx, 2012 also support evaluation.

We have confirmed the 40% for your herniated nucleus pulposus, mild based on - forward flexion of the T spine 30 degrees or less

Additional symptoms include - Intervertebral disc syndrome with no incapacitating episodes during the past 12 months.

First of all, keep in mind that I am presently 20% for HNP and just recently awarded 40% right lower radiculopathy and 40% left lower radiculopathy; therefore, I'm confused as to why they reference 'continue of 40% for degenerative arthritis of lumbar'.

Are they saying they recognized the degenerative arthritis and awarding me 40% in addition to increase to 40% for HNP?

Or are they just awarding me an increase of 40% for HNP?

HELP!!

[stillhere]

I am not a back guy but that is what it seems like.

A 40% evaluation is assigned from xx/xx/2009, the date facts were found. (this line says it will go back to 09 so if you did not have 40% at that time you will be getting some retro is the way I read it.

[71M10]

It sounds like they have granted a 40% rating for your thoracolumbar spine segment(arthritis and HNP), based upon the ROM measurment of 25 degrees forward flexion. The VASRD indicates forward flexion less that 30 degrees should be rated at 40%.

I am assuming your SOC granted the lower extremity radiculopathy and indicated the Tspine was deffered for additional exams. This looks like the conclusion of that deferal.

Are you working? if not they should consider you for TDIU. Your radiculopathy and t spine rating (for the purpose of a qualifying 60% disability) would be lumped together since they are all part of the same disease process.

This sounds like good news.