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]

The VA will lowball you as much as they can on ratings. Example: I have DDD and OA. They just want to rate the DDD but I know for a fact my issues are caused by the OA which is worse. My last XRay showed multilevel progression when compared to the previous film. HELLO!!! PROGRESSION means its getting worse. I have a NOD in on the denials but I am about to amend the NOD and add that I should be rated under Osteoarthritis and NOT DDD. The DDD isn't what's causing my issues, its the OA.

I want to thank Mr. Rogers for selling me the VBM, there are tons of information in that book. If you don't have one, get one, it will help you NOT need an attorney for the BVA appeals.

[ArNG11]

It seems that after talking with my attorney,the local regional office is not going to follow the regs on nerve damage caused by my sc back injury or even acknowledge all the evidence. It seems I may be off to the BVA.

[iceturkee]

I was under the same impression. The advice from members here have been explaining the differences and how IVDS is rated and how ROM would be applied but it wasn't making sense to me from reading the regs and applying it to my decision letter. I know from the physical damage my rating on that should warrant a higher rating. Since I have muscular issues and nerves issues that is a another separate matter entirely. I do have a combination of the two. My spine is curved because of the way I had adjust myself when wearing the IBAS (body armor) when I was overseas to minimize the pain and function with mission activities. I have x rays of my back before I left and x rays when I came back. I was pretty shocked. MRI show how ugly the picture is. I've been gathering all my evidence and trying to formulate a rebuttal and statement to contest the decision. I feel I should call attention for the VA to acknowledge all the evidence I submitted. I also will ask for them to reopen the claim and correct the error and apply the correct ratings and percentages but don't feel all that confident in the wording. I could try to prove a CUE but statistically that is a gamble. Since I have new evidence I am not sure if I should just be blunt and cite the regs and ask they reopen the claim as NEW EVIDENCE and that they rate it correctly according to regs and/or file an NOD. These are two avenues that I can take. File for an increase with new evidence and if they still low ball it, then hit it with an NOD, and hopefully a fair and competent rater/senior or DRO reviewer will rate it fairly. I believe if it goes to BVA I will be stuck in limbo, just for the BVA to remand it back to the regional office. I know wishful thinking, or not wishful, however, I feel confident that the evidence is too overwhelming for them to ignore. Luckily my evidence is from private providers and I have copies of everything. I am just at a loss on my plan of attack.

i don't want to burst your bubble but my lumbar mri report is 3 pages long. only problem i don't have are tumors. and that's not counting how my inflammatory arthritis affects it too. i am wheel chair bound because i can't walk without pain, cramping and burning in my lower back and legs. and that's just my lower back. additionally, both my cervical and thoracic spines are messed up.

[ArNG11]

No bubbles burst. Not in a competition for whose jacked up more. I know there are people out there that are worse than I am. I just share what I go through for two reasons. One to get advice from veterans going through or have gone through the same thing and two to offer advice from my experiences in the hopes that it helps another veteran out.

[jbasser]

Bottom line. If you get rated, You will be rated on Range of motion. IVDS will be rated on incapacitating episodes (Bed Rest)

Nerves will be rated separate. The Reg does not mention muscle or soft tissue.

J

[ArNG11]

Yup John. Right on the $[quote name="jbasser" post="357625" timestamp="1419016747

Bottom line. If you get rated, You will be rated on Range of motion. IVDS will be rated on incapacitating episodes (Bed Rest)

Nerves will be rated separate. The Reg does not mention muscle or soft tissue.

J

Edited December 19, 2014 by ArNG11