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Increased Ratings

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Medic711

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I will try to keep this short and simple. I got injured, got transitioned into WTU in Texas, received a line of duty and got med boarded after fighting to stay in.

During the the med-board I was receiving treatment at BAMC and I was told that because of my surgical needs I would need to get out and then come back in on a waiver. I had fractured my spine and severely herniated 3 disks with nerve damage. After about 4 months of fighting the Medboard I was told that I would have no issues returning back to active duty as long as I took a low military disability rating. I agreed and took 10% and was immediately rated with the VA at 50% in Texas where i did my comp and pension exam. This was in 2009.

2010 I had my surgery and there were major complications. I was in ICU for 9 days and now as a result of the surgery I am no longer able to have children. I have never tried to increase my rating or contact the VA in regards to the initial comp and pension exam that was done prior to surgery. I was told by several friend who are also VA patients that I should see a service officer with the DAV and see what could be done.

I went to the DAV here in Gainesville Florida and brought my medical files in with all of my personal records and he basically said he thought I should be 100%. I am not sure the process involved for increased ratings but he added about 9 issues to my file that had never been mentioned. As of right now, from the initial comp and pension done back 2009, I have 30% for adjustment disorder and 10% on my spine.

I was just curious since my line of duty is on my spine, how its evaluated so low? I cannot put shoes or socks on anymore and have lost the ability to have kids due to the nerve damage in my lower spine. Should this be something I expect to see increased since I have had surgery on it? I have 2 rods and 6 screws in my lower spine and piraformis syndrome along with a whole list of associated issues. I am 30 years old and unable to perform the type of work I use too and am having a host of mental health issues.

I see a PTSD doctor and about 5 other mental health doctors in regards to my angst, depression, etc. As I stated above this is my first time doing a ratings increase and I am not sure what to expect. I would like to share the information my DAV rep applied for on my behalf and if anyone can possibly help me understand what to expect and prepare for, I would be much obliged.

Here are the NEW findings per DAV for service connection.

1. Pharyngitis

2. Head injury

3.Allergic rhinitis

4.Low Back Pain L3-S1

5.Syncope

6.PTSD w/Anxiety and Depression

7.Epigastric abdominal pain

8. painful right shoulder

9.Sinusitis

10. Gerd

This is for Ratings Increase

1.Chronic adjustment disorder

2.Degenerative of the spine

3. Deformity of the penis

4. Limited motion of the wrist.

I really appreciate any advice, tips, mentoring etc anyone has to offer. It has taken a lot of therapy for me to admit that I need help and to actually seek it out. I have slowly lost all my humility while dealing with the VA over the past couple years and I have heard great things about the people on this forum.

Thank you

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the back condition is rated upon your range of motion. most importantly, NO SERVICE OFFICER can tell you what % you should be at. Unless of course you have a terminal condition, ALS which are an automatic 100%.

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the back condition is rated upon your range of motion. most importantly, NO SERVICE OFFICER can tell you what % you should be at. Unless of course you have a terminal condition, ALS which are an automatic 100%.

I agree. He obviously did not know what he was talking about. He said that because of my loss of being able to have to children. I was told that is something at most that is 20%. My back is whole other issue. I personally did not want to add the majority of the claims but he insisted.

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My reply yesterday went into hyperspace...hope I can remember it:

“2010 I had my surgery and there were major complications. I was in ICU for 9 days and now as a result of the surgery I am no longer able to have children. “

“I cannot put shoes or socks on anymore and have lost the ability to have kids due to the nerve damage in my lower spine. Should this be something I expect to see increased since I have had surgery on it? I have 2 rods and 6 screws in my lower spine and piraformis syndrome along with a whole list of associated issues. I am 30 years old and unable to perform the type of work I use too and am having a host of mental health issues. “

You sound far worse after the surgery than you were before.

If the surgery was done by the VA, has your service rep considered filing an 1151 claim?

Here are the NEW findings per DAV for service connection.

1. Pharyngitis ..........needs inservice nexus

2. Head injury .............same "

3.Allergic rhinitis.............. same " and it related, as likely as not, to the pharyngitis

4.Low Back Pain L3-S1 is this related to the surgury

5.Syncope a synptom, needs nexus and I dont think is ratable without a ratable disability causing the syncope. (it could be from pain or maybe even from meds)

6.PTSD w/Anxiety and Depression You already have a MH rating. VA only rates for one MH condition

7.Epigastric abdominal pain This is more than likely due to the GERD

  1. painful right shoulder needs nexus and diagnosis

9.Sinusitis this is related to # 1 and # 3 in my opinion and needs inservice nexus

  1. Gerd needs inservice nexus and/or...do you take VA- prescribed NSAIDS?

    VA has awarded GERD as caused by VA prescribed NSAIDs.

This is for Ratings Increase

1.Chronic adjustment disorder You have 30% for that now and that rating could become higher with additional proof of increased disability.

2.Degenerative of the spine Is this the exact diagnosis you have for this condition?asnd what VA pays 10% or now?

3. Deformity of the penis This,if awarded, is the SMC K award

4. Limited motion of the wrist. Not enough info ...will need inservice nexus...

“piraformis syndrome” this diagnosis confirms pain.

“I am 30 years old and unable to perform the type of work I use too and am having a host of mental health issues.”

Have you applied for SSDI?

Has the DAV guy suggested applying for TDIU?

I am concerned about who did the surgery and why you are worse now than before the surgery.

Do you have copy of your complete med recs and also copy of your SMRs?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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My reply yesterday went into hyperspace...hope I can remember it:

“2010 I had my surgery and there were major complications. I was in ICU for 9 days and now as a result of the surgery I am no longer able to have children. “

“I cannot put shoes or socks on anymore and have lost the ability to have kids due to the nerve damage in my lower spine. Should this be something I expect to see increased since I have had surgery on it? I have 2 rods and 6 screws in my lower spine and piraformis syndrome along with a whole list of associated issues. I am 30 years old and unable to perform the type of work I use too and am having a host of mental health issues. “

You sound far worse after the surgery than you were before.

If the surgery was done by the VA, has your service rep considered filing an 1151 claim?

Here are the NEW findings per DAV for service connection.

1. Pharyngitis ..........needs inservice nexus

2. Head injury .............same "

3.Allergic rhinitis.............. same " and it related, as likely as not, to the pharyngitis

4.Low Back Pain L3-S1 is this related to the surgury

5.Syncope a synptom, needs nexus and I dont think is ratable without a ratable disability causing the syncope. (it could be from pain or maybe even from meds)

6.PTSD w/Anxiety and Depression You already have a MH rating. VA only rates for one MH condition

7.Epigastric abdominal pain This is more than likely due to the GERD

  1. painful right shoulder needs nexus and diagnosis

9.Sinusitis this is related to # 1 and # 3 in my opinion and needs inservice nexus

  1. Gerd needs inservice nexus and/or...do you take VA- prescribed NSAIDS?

    VA has awarded GERD as caused by VA prescribed NSAIDs.

This is for Ratings Increase

1.Chronic adjustment disorder You have 30% for that now and that rating could become higher with additional proof of increased disability.

2.Degenerative of the spine Is this the exact diagnosis you have for this condition?asnd what VA pays 10% or now?

3. Deformity of the penis This,if awarded, is the SMC K award

4. Limited motion of the wrist. Not enough info ...will need inservice nexus...

“piraformis syndrome” this diagnosis confirms pain.

“I am 30 years old and unable to perform the type of work I use too and am having a host of mental health issues.”

Have you applied for SSDI?

Has the DAV guy suggested applying for TDIU?

I am concerned about who did the surgery and why you are worse now than before the surgery.

Do you have copy of your complete med recs and also copy of your SMRs?

I made a double post in another forum board and you had replied to that link. I was hoping you would get back on and see what I had replied. I will copy and paste a link for you. I greatly apologize for the double post, I was not getting any responses.

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