What Rating Would This Go Under.

[maniac]

My first claim goes back to 2005. It was a Pre-existing injury (Back Injury) that i received in the service. The (SMR} provide the proof of the treatments i received in the service. As this claim was in, i did 2 other claims. Which i won. (Psoriasis and Psoriatic Arthritis.) I received IU from the Va.

The first claim i finally won after 9 yrs. Won that at the (BVA). It was there 4 times. It was at the (Courts of Veterans Appeal) 1 time, and i won a Remand vacating the boards ruling on 2/2013.

When i re-injured myself, back in 2003 i filed for SSDI. I won that in 10 weeks. The SSDI was for only my back injury. Which is now service connected. They made this claim Secondary to my other claim.

(Entiltement to service connection for DDD of the lumbar spine is secondary to Psoriatic Arthritis is Granted.)

Now my C+P report states, The DDD,Scoliosis,Lumbar Radiculopathy are as least as likely as not secondary to services connected psoriatic arthritis . The rational is that predisposed to the other conditions- by altering the structural interactions of the spine withe weight bearing gait.

I just had a C+P exam for over 16 joints, back in Nov, 2013. just before my claim went back to the BVA.

My Question is: Will they have to rate me for DDD,Scoliosis,Lumbar Radiculopathy?

Since now that i am IU from my primary condition , Would this go back to 2005 for IU. Just trying to figure out how it might work.

Thank You.

[jbasser]

Only one rateable condition per body segement to avoid Pyramiding. If they rate it as Traumatic Arthritis then the Radiculpathy will be the only separate rating.

The regs state rate effected nerves separate.

J

[ArNG11]

True to a degree. With spine injuries , it can go with segment damage, IVDS, nerve damage and muscle control such as muscle spasms. gait can also be abnormal. Those all should be seperate rateable ratings and not be considered pyramiding. JMO per rating criteria. Oh also pain is rateable as well with constant or chronic episodes.

[jbasser]

Arthritis.

It should be rated under DC 5242.

http://www.ecfr.gov/cgi-bin/text-idx?SID=4869b065804676ba88becfbe488a9460&node=se38.1.4_171a&rgn=div8

J

[asheth007]

True to a degree. With spine injuries , it can go with segment damage, IVDS, nerve damage and muscle control such as muscle spasms. gait can also be abnormal. Those all should be seperate rateable ratings and not be considered pyramiding. JMO per rating criteria. Oh also pain is rateable as well with constant or chronic episodes.

Gait is ratable separately? I have tredelenberg gait according to the VA physical therapist. My va problem code just says hip disorder.

[ArNG11]

Arthritis.

It should be rated under DC 5242.

http://www.ecfr.gov/cgi-bin/text-idx?SID=4869b065804676ba88becfbe488a9460&node=se38.1.4_171a&rgn=div8

J

I have a few conditions rolled into one with, scoliosis, abnormal gait, muscles spasms,IVDS, DDD, DJD, and others related to my fall aong with nerve issues. These all should be rated separately as they are independent of each other and can and should be rated separately. At least that is what I have read and been advised. Both from members here, reading the CFR and my attorney.

[rosypalm]

Intriguing.