degenerative arthritis Should I Ask For An Increase?

[snowshovel]

Hello I was awarded 10% for my lower back pain from Xrays the VA did

degenerative arthritis of the thoracolumbar spine, claimed as low back pain

10% Service-Connected

This was in the T-10/11 area of my back, well I was finally able to convince them to give me an MRI and they found a herniated disk and a bulging disk in my lower spine area in the 5/6 area.

My question is will this new information help me in getting a higher percentage for my back or will they care at all?

On a good note at least I am scheduled to get steroid shots starting next week and here's hoping the pain actually will subside some.

[Notorious Kelly]

I'm glad you have some relief in sight.

If you don't feel your rating is accurate, by all means pursue a higher one. Research the specifics of what would entitle you to a higher rating (this might be good info http://www.militarydisabilitymadeeasy.com/thespine.html#rate )and also you can look at other claimants i.e. http://www.va.gov/vetapp10/files3/1021991.txt

Good luck!

[Carl the Engineer]

Ah, I may be able to offer some insight, maybe. You get 10% from imaging, i.e., x-rays etc. And only 10%. Every beyond 10% is Range of Motion.

Did they check range of motion? And if they did, did you stop at pain??? Always stop at first pain.

My issues, especially my back was stiffness, not pain. I got 10% from x-rays, then upped to 20% because of range of motion. And this was lower (lumbar and thoracic) spine. They rate those two together.

Also, this 20% was secondary to my DDD of my neck at 20% which was Service Connected.

I don't know all your issues, but if you were in the service for a long while, you can acquire arthritis while on active duty. I was SC'd for arthritis in my neck because it occurred on active duty, and since that rating have been rated secondary for 2 more issues related to arthritis.

So, I think you have a good start. Bear in mind this is a long process. Took me over six years to plug along a couple issues at a time. I did get a increase to my original x-ray ratings of 10% on my shoulder, elbow (secondary), neck and back (secondary). All at 20% now because of ROM.

So if they did not check ROM, I would ask for a increase. Then after that gets settled, move on to the neck, etc. Arthritis is progressive and you SC'd for it, so when it gets worse ask for a increase. Worse thing that can happen is you are denied. The x-ray 10% cant be taken away..

Hope this helps,

Hamslice

[Philip Rogers]

If you are within one year, of your original decision, I would file a NOD, and not request an increase. A request for an increase will start a new date, on the increase, and you'll lose any retro benefits you may be awarded. jmo

pr

[kate7772]

If you are within one year, of your original decision, I would file a NOD, and not request an increase. A request for an increase will start a new date, on the increase, and you'll lose any retro benefits you may be awarded. jmo

pr

How about a reconsideration if there is enough time before the year is up? A lot faster than a NOD. Then, if that doesn't work, he still has the NOD to turn to. My husband's reconsideration took about 6 months.

Kate

[iceturkee]

this raises an interesting question. is the va now rating the thoracic and lumbar spine as one? from what i have read, it suggests that.

i am currently 40 percent for my thoracolumbar spine. but an mri on my lumbar spine last year (spinal stenosis, slipped vertebrae, arthritis, 2 torn disks and 5 bulging discs) might be significant to file a new claim. however, since i have had unemployability since dec 2011, it might not be a good idea to ask for an increase.

recommendations? thanks.