Are Ivds, Arthritus And Ddd Considered Seperate Or Are They Combined Contensions?

[silverdollar22]

I guess I'm confused on this subject can anyone un-confuse me .Will it be pyramided?

[Vync]

Pyramiding
This is the VA rule that says limits the number of ratings you can have on most body parts. The rating percentage for that body part would be based on the highest SC %. I'm not an expert on pyramiding, but I believe the knee might be an exception.

IVDS
There are a number of ways the VA rates the spine. A lot of times it is by ROM, or Range of Motion, but can also be via IVDS where they often require physician prescribed periods of extended bedrest. Generically, this term is really vague. Of course, you are already familiar with arthritis and DDD.

Example scenario about pyramiding

Let's go back 25 years and pretend you injured your lower back at the barracks while unloading pool tables from a truck. You went to the infirmary and they did x-rays and gave you the usual Motrin pills. Years later you file a claim. The MRI shows lumbar DDD with bulging discs at L3-L4 and L4-L5, but the doctor also diagnosed you with muscle spasms.

If you filed for both "lumbar muscle spasms" and the bulging discs, the VA would consider them pyramiding and roll it all up into one claim. Additionally, they consider the lumbar and thoracic spine as a single segment, so it would be rolled together anyway.

In addition, it might be worth researching secondary claims, which are claims caused by other claims - or by the side effects of medication used to treat other SC conditions. In reference to the example I provided, many Veterans with DDD often experience sciatic nerve pain running down their legs or arms. Regarding medication, an example might be the 20 years of doctor prescribed Motrin to treat your lumbar pain, but leading to really awful acid reflux.

[usn215]

I was rated in 1999 and put in a claim for an increase for Lumbosacral strain and Bilateral Lower Extremity Radiculopathy (secondary claim) this year. I tired to perform the ROM but my sciatica pain was too much. He documented that I could not perform it due to my sciatica pain shooting down both legs. He did note on my C&P that my incapacitating episodes over the past 12 months is "AT LEAST 6 WEEKS". Anyone care to give me a WAG?

[Vync]

Welcome to Hadit usn215,

Don't assume the VA to get it right the first time, but I provided some information to help. This might also help the original poster, just in case they wanted to look at the ratings table too.

The schedule of ratings for the spine is located here, but it is like 20 pages into the document.

http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_71a.doc

They tend to rate the spine based on range of motion and incapacitating episodes. I just extracted out the part about the episodes based on what you mentioned. I wish you good luck on your claim.

Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes

With incapacitating episodes having a total duration of at least 6 weeks during the
past 12 months 60%

[Byte187]

usn215,

You should get 40% for ROM less than 30 degrees.

The C&P examiner can consider your personal description of pain, as well as their own tests when determining your level of sciatica in each leg -- if both legs are rated, use the bilateral factor when calculating your total.

For incapacitating episodes, the VA only considers doctor prescribed bed rest. The C&P examiner will note whatever the veteran tells them regarding incapacitating episodes, but if it's not prescribed by a doctor, it doesn't count.

Now, if you do happen to have a prescription for bed rest for at least 6 weeks in the past 12 months, you can receive 60% rating for that, but you can't get that rating and the 40% ROM rating together. It's the same body part so you would only get the higher of the two ratings.

[broncovet]

It will help you if you understand Vets are rated on SYMPTOMS, not diseases. You see, you could have arthritis, for example, but no symptoms, you will only get 0 percent, maximum, if you are service connected at all. You could have all of those diseases, but with no symptoms, you would still get 0 percent.

Regardless if your disease is called DDD, arthritis etc, you will be rated on symptoms such as loss of range of motion/and or pain. You wont be rated 20%, for example, for arthritis AND another 20 percent for DDD for the same joint, even tho its possible to have both of these in the same joint. When the doctor checks your range of motion..the result will be your TOTAL loss of range of motion for, in this example, both DDD and arthritis. If both of these are SC'd it simply wont matter if you have 10% loss of ROM for DDD and another 10 for arthritis, or if your entire ROM loss if from one or the other.

[Gastone]

Silverdollar22: File a claim for everything you have been or think you will be DX'd with, that is or might be SC compensation elegible. Let the VA figure it out. Establish your claim date, then research the 38 CFR 4 and related documents that relate to your SC Conditions. Be prepaired for the possibility of a Denial. Get the VA DBQ's for your claimed conditions completed by the appropiate VA Clinician after you file the claim. You could loose 3-5 months or more retro, if you wait for all your needed evidence.

Semper Fi

Gastone