Degenerative Dics Desease

[jacanah83]

I'll try to be brief with this explanation, my last post here looked more like a short story. The shorter story is that I've had a long time go around with the VA to get a proper diagnosis for knee and hip pain when I was in the Navy. I was discharged with a 10% service connected disability that the VA has matched. The problem is they never wanted to put a very good diagnosis to it; calling it polyarthralgia which is a very vauge diagnosis (simply means pain in one or more joints in the body) so it doesn't rate more than 10%. I'm seeing a private doctor to get a more proper diagnosis. So far we've found out that I have degenerative disc desease in my neck. The VA actually has this very well documented as it's given me a lot of problems since 2007. Our next step is to do an MRI on the lumbar spine to see if there is deneration there as well. I had x-rays done a year after getting out of the Navy as the knee and hip pain was out of control and the VA at the time turned me away; they didn't believe there was anything wrong with me. Those x-rays showed my lower spine was twisted off center and that was the source of the pain. I feel confident that the MRI is going to show degeneration there as well and it will be termed DDD. So, my question is two fold. #1: Is degenerative disc desease on the VA rating schedule and at what percentage is it ratable? #2: Can the DDD in my neck be claimed as a secondary disability as the condition has worsened to include another part of my spine? I should add that during my entrance physical to enlist in the Navy it was noted that there was evidence of "moderate sclerosis of the spine" but they accepted my enlistment anyway. They knew I had a problem; one that I didn't even know I had or what the heck it even was (I was 21 and clueless), and then when I had a problem with it, they wouldn't do anything about it.

Thanks for answers to my questions in advance. I love this site, wish I'd known about it since my battle started with the VA in 2008.

[justrluk]

Well, judging by what you've written you have a lot going on in the same area. Be careful as the VA may consider this trying to pyramid issues in the same region (neck). I've had ddd and osteophytes since a severe accident (SUV roll-over) and have been dealing w/arthritis, ddd and other neck issues for years. The VA rated the area based on the worst condition, but will not add to the rating based on other issues regarding the neck. It's not the same as having a bilateral factor added for joints when painful range of motion is involved in the same areas (i.e., knees). I don't know if I answered your question directly, but hope to have pointed you in the right direction. Bottom line: gather evidence for each condition impacting the area, causing pain, etc., and file for an increase. See where it goes from there.

[Navy04]

I agree with Just's advice given above. I too have multiple issues from the Neck down, to include DDD, DJD and hole in spine. I have had the issues denied twice already, even though the VA's own Chiro Doc is currently treating me, and VA referred me to Civilian Back Dr for fee based treatment. The VA keeps claiming that my evidence has not been received, even though I have uploaded on Ebennies and mailed it in. Also the last C&P for back, in Sep 14, the Damn VES exam Doc would not even look at my back. He just said that I was 6'3 and well built, looked fine to him, WTH!!!

[jacanah83]

Thank ya Senior Chiefs. This has been a long battle with the VA. I've filed three times for an increase and have been shot down three times. Just for the heck of it, I contacted my local Senators office to see if they could offer any advice or help in filing a claim. They answered my email with an offer to assist me in the next claim to make sure it's filed the right way. Once I get all the evidence from my doctor after the MRI and we have a concrete diagnosis, I'm to take all of to their office to have the claim prepared. I'm not asking the VA to take responsibility for what the Navy refused to, but they knew I had problems with my back when I joined. I can't do the kind of work I used to do anymore because of this and all I'm asking for is a raise in my rating so I can afford to live a decent life. And Navy04, I know what you mean by the C&P people. Because you can't see neurological disorders doesn't mean the pain doesn't exist. The problem with this is when I go to see them they can bend me all different directions and they aren't going to cause any pain. It doesn't happen like that. It just appears from nowhere with little warning that I'm doing something that is going to cause pain. The doctor I'm seeing after three visits gave me a prescription for Gabapentin as a diagnostic drug to see if the problem was neurological and it works wonders. How in the world the VA not go that route in over 3 years of dealing with them to figure this out? They just say you appear to be in very good health. The whole ordeal robbed me of the chance for a career in the Navy. I was selected for E5 while on limited duty after 2 1/2 years in. I could have had the chance to take the E7 exam before 10 if my math is correct. They just never made an effort to find the cause of the pain, they thought I was lying to them; was told most people that want to get out of the military will complain of knee pain as it's very hard to diagnose. Why the heck would I want to get out? It's all very frustrating.

[BobbyH]

I have degenerative disc desease that the VA is giving me 10% sense 2013 that's when they sent me their decision letter for the 10%. I sent back a letter of disagreement in December of 2013 asking them to revaluate my systems and it has been over a year and month and phone calls to VA to find out status of my file all I get is they received it on Dec 6, 2013 and they have 162 days to respond to NOD which have been well over that date. My question if any one knows why is it taking so long to get a response and am I wasting my time will I get any more compensation than what I am getting now? Thanks vet for you info.

[jacanah83]

Bobby, I'm unsure if they will decide a higher rating or not, we're kinda in the same boat there, but if you are having problems getting answers out of them, contact your local state representative or senators office. My senators office here in Kentucky has a representative that is very well versed in VA law and is assisting me in my next claim to ensure it is filed and worded correctly. Not sure it's going to do me any good but I do feel better that I've got some help that is way beyond my talent level in dealing with the beaurocracy of a government institution.

[jbasser]

You are service connected for Joint pain. That throws a monkey wrench in the rating as they are listed in the title 38 cfr part 4.

The VA rates the cervical spine under two categories. If you have a bone issue it is called traumatic arthritis. If your issue is disk related they call it invertabral disk syndrome.

I advise you to get hold of a good Doctor to get an IMO to look at your entire medical history to get the diagnosis changed to its correct issue. The reason for this is that under the rating for Traumatic Arthritis there are secondary contentions like nerve radiculpathy that are to be rated separate. The Va will not rate 2 disabilities for 1 body system. The spine is broken down by segement. The neck is a separate part from the Lumbar and Thoracic spine. These are rated as one.

If you can afford it, I would call Craig Bash. He is an expert in Neuroradiology and your claim is right down his alley.

J