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

[ArNG11]

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

True, though a part of the rating criteria states a higher rating if you have abnormal spinal contour, or muscle spasm, or abnormal gait. Though the VA does not give any extra if you happen to have all three. I don't agree with it being lumped together like in my case. Of course they go with the IVDS. No doctor that I know or have heard of on this board prescribes bed rest. Least of all for like 4- 6 weeks which yields the higher ratings for that condition.

[jbasser]

Welcome to my world.

You may need an IMO.

J

[ArNG11]

I got the IMO/IME, not that I needed that, my records are pretty straight forward. It's a game though. Gotta low ball it all to hell and hope the Vet is not any wiser. Not it.?

[jbasser]

Who did your IMO?

[ArNG11]

Who did your IMO?

Robert Ellis. He did an okay job. But I felt that he just piggybacked off what the VA had already service connected in some respects. He also missed some specific injuries while in service to contest the denial of service connections for my hips and knees. He also did not mention the severity of the IBS. However, he is doing a revised report. I will give my full opinion of using him once he rectifies the report and after the VA tries to attack the IME/IMO. However,I do have to say that I'm not terribly concerned, my service medical records, private records, functional capacity examination, and my IME/IMO from my private back MD, should rectify the deficiencies. The continuity is there and the level of functional impact is there. Of course this is based on the fact of the DRO actually has to look at reading everything. From what my rainmaker stated we are going to be off to the BVA for my ratings to my nerves and other needed service connections, they are not budging on those even though the regs and evidence clearly show my left side qualifies for a moderate level and should be rated higher than what they afforded and illness and conditions appeared while in service and manifesting to at least 10% disabling before 2016 time frame. I don't believe that I will have the success I am looking for at the regional office level, at least not complete success.