Back Injury And Nerve Damage

[ArNG11]

Wanted some opinions on how to pursue a claim for a back injury that I am service connected for and was given a 10% for L1 and 10% for partial paraliys of lower left extremity.still within NOD period. By regs all Ive been able to find is about and entitlement to 40% maybe 60% with the nerve damage to this injury. I am a little stumped on the muscle and nerve ratings. VA only mentioned connection for L1 from an older MRI I submitted but mentioned no others. Wanting opinions on course of actions and possible avenues to have my injury rated fairly.

Specifics.

Lumbar MRI

disk dehydration lower thorasic spine. Notably L1-L2 and L3-4. Prominent Schmorl node herniation along inferion end plate L1

Small disk protrusion T11-T12 effacement of anterior CSF space and central canl space narrowing. Minor disk bulge L1-2 minimal narrowing proximal foramina

L2-3 far right lateral disc protrusion into nerve root foramen contributing to a mild narrowing/stenosis of the right foramen at L2-3

L3-4 broad bulging disc mild face degenerative change. Significant central canal space narrowing suggesting mild aquired central stenosis. Mild stenosis right foramen. Small protrusion out laterally resulting in moderate stenosis of left forament likely some mass effect on the exiting left sided L3 nerve root.

mulilevel degenerative disc disease of mild to moderate degree. Central disc protrusion at t-11-12 significant central canal space narrowing. Boderline mild central stenosis on degenerative basis L3-4. small protrusion out laterally on the left resuliting in moderate stenosis of the left foramen. likely mass effect on left side exiting L3 nerve root. small far right

lateral disk protrusion L2-3 resulting in mild narrowing/stenosis of the right foramen at that level.

mild to moderate mid throasic scoliosis curve to the right

mild multilevel degerative disc disease

tiny right paracentral disc protrusion suggested t5-6 and t6-7

mild disc dehydration upper, mid and very lower throsic spine.

any info and opinions gladly welcomed

[rpowell01]

I can tell you from my experience is that whenever you muscles in your back rips they will not heal properly and will keep ripping and other muscles will begin to rip. These rips will cause the joints in the spine to become loose and be able to move around a lot more freely. This is the cause of Osteoarthritis, where the cartilage in the joints deteriorate over time. When this happens o'boy you best be ready for the worse pain. People don't understand that whenever you lose height in your spine the nerves become impinged and actually twisted because of this. This is why surgery will not help...

[71M10]

How long your MRI report is will not correlate to how your back injury will be rated! You are letting a lot of detail in the MRI report de-rail you from objective analysis of your situation.

If you are rated 10% for a lumbar spine injury that would correlate to range of motion greater than 60 and not greater than 85 or evidence of arthritis in 2 major joint groups (thoracic and Lumbar, assuming you are SC for arthritis). The 10% rating for nerve issue would be consistant with mild or moderate imparment of a nerve (depending on nerve).

What you need to see is a reported ROM to compare to the schedule and you need to read the nuerologist opinion to see if the nerve issue is rated in accordance with the evidence. If you have SC for IVDS you need to look at how much "bed rest" was perscribed by a physician (which they almost never "perscribe bed rest" anymore).

If your C&P exam does not have the ROM testing (all three measurements) when you NOD you can state that a full an accurate C&P was not completed.

Your rating wasn't a fully developed claim was it? If it was the VA rated on the record at hand and had no "duty to assist" in developing the evidence for your rating.

Edited August 29, 2013 by 71M10

[71M10]

I can tell you from my experience is that whenever you muscles in your back rips they will not heal properly and will keep ripping and other muscles will begin to rip. These rips will cause the joints in the spine to become loose and be able to move around a lot more freely. This is the cause of Osteoarthritis, where the cartilage in the joints deteriorate over time. When this happens o'boy you best be ready for the worse pain. People don't understand that whenever you lose height in your spine the nerves become impinged and actually twisted because of this. This is why surgery will not help...

Sorry I know this is nit-picky but torn muscles are but one of the causes of osteoarthritis. However you get it, after years and years it really is a complete and total debilitating pain!

[ArNG11]

No not taking it personally. The advise is fine. No it was not a FDC. Back injury is all that was stated when I filed. Made a mistake of listening to a non experienced VSO rep. But I am learning and I think to some degree I can use this to my advantage and turn it around. I just want a fair rating. For the time being ill keep getting evidence and reading the regs. I had a feeling the way I was rated was combining separate rating criteria. They ignored the "or's in rating qualifications besides evidence as well.

[rpowell01]

Sorry I know this is nit-picky but torn muscles are but one of the causes of osteoarthritis. However you get it, after years and years it really is a complete and total debilitating pain!

You are correct its ONE of the few reasons. Osteoarthritis happens in more 60+ of age. If you get it in your 30s and 40s then its called Traumatic Osteoarthritis which is most likely caused by a traumatic injury but not all the time. Yes there are those who have it in their 20s, 30s and 40s without it being traumatic and this is because its comes from a gene that can be detected on certain tests. I am thinking this is why the RO did a blood test on me earlier this year to see if it was genetic. I have traumatic osteoarthritis with about 6 impinged nerves throughout my spine. 4 are known and two was just found on Wednesday at L5-S1 level after waiting in pain for a year. It wasn't good news because the doc told me that since my feet are numb and has been numb that its more likely permanent. He did say there is a chance that the ESI that are being done might help but its gotten worse instead of better. Hopefully next Tuesday's injection will be at S1 and will kick it out. I know it may take two years to heal or it may never heal. Just take the pain away from my legs is what I want at the moment.

arng11 check your pm on here...

Edited August 30, 2013 by rpowell01

[71M10]

I was an early adopter, back injury in 84, arthritis on exray in 88. The VA called my injury a "bone condition" even though the exray report (they didn't show me) showed multi level arthritis. I was 23 and was so ready to be done with the Army I never questioned the rating or the 0%, because they said if I needed medical care for it in the future, they would be there to help me. So I delt with the back issues and flare ups (2-3 times a year) until I was in rough shape in 2006. I really couldn't afford the co-pays for physical therapy so I called the VA (they promised). Was promplty told since I was 0% I couldn't enroll for any care through them, not even just service connected care because they would have no way of preventing me from being treated for other things as well(was getting smoke blown on me big time). Found Hadit and VAWatchdog and filed for an increase and got my records and found out all types of things the Army and VA never told me. Now I am 100% with two appeal's pending that will put me SMC S, and one that may provide a 10% rating all the way back to 12/1987. I would have been a whole lot cheaper for the VA just to have given me the physical therapy!

I do wonder, if I would have been told about the arthritis in 1988 and the VA would have actively pursued treating and managing this chronic condition, would I possibly be able to live without being in constant pain today?

Edited August 30, 2013 by 71M10