Does the Veteran now have or has he/she ever been diagnosed with a thoracolumbar spine (back) condition? YES
If yes, provide only diagnoses that pertain to thoracolumbar spine (back) conditions:
Diagnosis #1: Low back strain and degenerative disc disease
Date of Diagnosis: UNKNOWN
2. Medical history:
The veteran stated during his military service in the Army, he was playing football when he injured his head, low back, and his left shoulder. He was tackled and he was knocked out for about 30 min. He was transferred to the hospital. He said that his first memory was woke up in the field. He had x-rays on his back and his shoulder. Since then, he has been complaining recurrent low back pain due to suspected pinch nerve and osteoarthritis. He has been seen or ER at VAMC because of his back. He also recalled that he had Physical Therapy during his Army time. He also recalled that during his Desert Storm, he was hit in the head but had no LOC. He denies any other accident or trauma, he still having cognitive problem and memory issues. From his left shoulder, he is having pop all the time, some weakness and LOM. He is having a constant 4/10 on pain intensity but its depend on activities. Sometimes is a zero but sometimes is an 8/10. From his lower back, he is having a constant back pain about 4/10 on pain intensity. His worse pain is a 10/10 on pain intensity once a year.
He is on Naproxen with fair response.
4. Initial range of motion (ROM) measurement:
a. forward flexion ends: 60
Select where objective evidence of painful motion begins: 40
b. Select where extension ends: 15
Select where objective evidence of painful motion begins: 10
c. Select here right lateral flexion ends: 20
Select where objective evidence of painful motion begins: 20
d. Select where left lateral flexion ends: 20
Select where objective evidence of painful motion begins: 20
e. Select where right lateral rotation ends: 20
Select where objective evidence of painful motion begins: 20
f. Select where left lateral rotation ends: 30
Select where objective evidence of painful motion begins: <X) No objective evidence of painful motion
5. ROM measurment after repetitive use testing
a. Is the Veteran able to perform repetitive-use testing with 3 repetitions? YES
b. post test forward flexion ends: 60
c. post test extension ends: 15
d. post test right lateral flexion ends: 20
e. post test left lateral flexion ends: 20
f. post test right latereral rotation ends: 20
g. post test left lateral rotation ends: 30 or greater
6. Functional loss and additional limitation in ROM
b. Does the Veteran h ave any funtional loss and/or functional impairment of the thoracolumbar spine (back)? YES
c. If the Veteran has a functional loss, functional impairment and/or additional limitations of ROM of the thoracolumbar spine (back) after repetitive use, indicate the contributing factors of disability below:
<X> Pain on movement
7. Pain and muscle spasm (pain on palpation, effect of muscle spasm on gait)
a. Does the Veteran have localized tenderness or pain to palpation for joints and/or soft tissue of teh thoracolumbar spine (back)? YES
If yes, describe: thoracolumbar paraspinal muscle
b. Does the Veteran have guarding ofr muscle spasm of the thoracolumbar spine (back)? YES
If yes, is it severe enough to result in:
<X> Guarding and/or muscle spasm is present, but do not result in abnormal gait or spinal countour
10. Sensory exam
Foot/toes (L5): Right and left Decreased
14. Intervertebral disc syndrome (IVDS) and incapacitating episodes
a. Does the Veteran have IVDS of the thoracolumbar spine? YES
b. If yes, has the veteran had any incapacitating episodes over past 12 months? NO
18. Diagnostic testing
a. Have imaging studies of the thoracolumbar spine been performed and are the results available? YES
If yes, is arthritis documented? YES
c. Are there any other significant diagnostic test findings and/or results? YES
If yes, provide type of test or procedure, date and results (brief summary):
Report status: Verified Date Reported: Nov 10, 2011 Date Verified: Nov10, 2011
Impression: Frontal and Lateral Lumbar Spine 11/9/2011: No comparison lumbar spine. Preserved lumbar column alignment, vertebral body heights and disc spaces. Multilevel anterior osteophytic lipping. Normal sacroiliac joints. Posterior fusion anomaly at lumbosacral transition. Nonobstructive bowel gas pattern. Indeterminate renal outlines. No opacities to suggest biliary, pancreatic, or urinary tract stones.
19. Function Impact
YES, He is on SSDI due to Mental and Physical condition.
20. Remarks, if any:
C-File was reviewed. No evidence of back injury during service.
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”
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.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
Question
mekon1971
1. Diagnosis:
Does the Veteran now have or has he/she ever been diagnosed with a thoracolumbar spine (back) condition? YES
If yes, provide only diagnoses that pertain to thoracolumbar spine (back) conditions:
Diagnosis #1: Low back strain and degenerative disc disease
Date of Diagnosis: UNKNOWN
2. Medical history:
The veteran stated during his military service in the Army, he was playing football when he injured his head, low back, and his left shoulder. He was tackled and he was knocked out for about 30 min. He was transferred to the hospital. He said that his first memory was woke up in the field. He had x-rays on his back and his shoulder. Since then, he has been complaining recurrent low back pain due to suspected pinch nerve and osteoarthritis. He has been seen or ER at VAMC because of his back. He also recalled that he had Physical Therapy during his Army time. He also recalled that during his Desert Storm, he was hit in the head but had no LOC. He denies any other accident or trauma, he still having cognitive problem and memory issues. From his left shoulder, he is having pop all the time, some weakness and LOM. He is having a constant 4/10 on pain intensity but its depend on activities. Sometimes is a zero but sometimes is an 8/10. From his lower back, he is having a constant back pain about 4/10 on pain intensity. His worse pain is a 10/10 on pain intensity once a year.
He is on Naproxen with fair response.
4. Initial range of motion (ROM) measurement:
a. forward flexion ends: 60
Select where objective evidence of painful motion begins: 40
b. Select where extension ends: 15
Select where objective evidence of painful motion begins: 10
c. Select here right lateral flexion ends: 20
Select where objective evidence of painful motion begins: 20
d. Select where left lateral flexion ends: 20
Select where objective evidence of painful motion begins: 20
e. Select where right lateral rotation ends: 20
Select where objective evidence of painful motion begins: 20
f. Select where left lateral rotation ends: 30
Select where objective evidence of painful motion begins: <X) No objective evidence of painful motion
5. ROM measurment after repetitive use testing
a. Is the Veteran able to perform repetitive-use testing with 3 repetitions? YES
b. post test forward flexion ends: 60
c. post test extension ends: 15
d. post test right lateral flexion ends: 20
e. post test left lateral flexion ends: 20
f. post test right latereral rotation ends: 20
g. post test left lateral rotation ends: 30 or greater
6. Functional loss and additional limitation in ROM
b. Does the Veteran h ave any funtional loss and/or functional impairment of the thoracolumbar spine (back)? YES
c. If the Veteran has a functional loss, functional impairment and/or additional limitations of ROM of the thoracolumbar spine (back) after repetitive use, indicate the contributing factors of disability below:
<X> Pain on movement
7. Pain and muscle spasm (pain on palpation, effect of muscle spasm on gait)
a. Does the Veteran have localized tenderness or pain to palpation for joints and/or soft tissue of teh thoracolumbar spine (back)? YES
If yes, describe: thoracolumbar paraspinal muscle
b. Does the Veteran have guarding ofr muscle spasm of the thoracolumbar spine (back)? YES
If yes, is it severe enough to result in:
<X> Guarding and/or muscle spasm is present, but do not result in abnormal gait or spinal countour
10. Sensory exam
Foot/toes (L5): Right and left Decreased
14. Intervertebral disc syndrome (IVDS) and incapacitating episodes
a. Does the Veteran have IVDS of the thoracolumbar spine? YES
b. If yes, has the veteran had any incapacitating episodes over past 12 months? NO
18. Diagnostic testing
a. Have imaging studies of the thoracolumbar spine been performed and are the results available? YES
If yes, is arthritis documented? YES
c. Are there any other significant diagnostic test findings and/or results? YES
If yes, provide type of test or procedure, date and results (brief summary):
Report status: Verified Date Reported: Nov 10, 2011 Date Verified: Nov10, 2011
Impression: Frontal and Lateral Lumbar Spine 11/9/2011: No comparison lumbar spine. Preserved lumbar column alignment, vertebral body heights and disc spaces. Multilevel anterior osteophytic lipping. Normal sacroiliac joints. Posterior fusion anomaly at lumbosacral transition. Nonobstructive bowel gas pattern. Indeterminate renal outlines. No opacities to suggest biliary, pancreatic, or urinary tract stones.
19. Function Impact
YES, He is on SSDI due to Mental and Physical condition.
20. Remarks, if any:
C-File was reviewed. No evidence of back injury during service.
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