Increased Rating Of Lumbar Spine Disability

[Axelbrain]

Hey vets, I have been following these threads and threads on yoku.com for the past few months. So, first, I want to say thank you. These sites have helped tremendously.

I filed for compensation for back problems during TAP in 2009. The whole process took about one year--I think I was one of the lucky ones because it didn't take two plus years or more--and I ended up getting 20%.

Moving forward, my back problems became increasingly worse throughout 2014. However, I did not think I should ask for an increase because I thought I might lose the 20% I already had. Then, a few months ago, it got so bad that I couldn’t lift myself out of my car after driving for more than 15 minutes. I would try to get up and out using the door as leverage as usual and I would just fall back down. That is just one example--I have had some problems getting out of bed too... I’m really tolerant to pain, so, when there is pain, I could just fight through it and just get up, but this was something I couldn’t just fight with strength. So I thought this was insane. And, thus, I finally decided to ask for an increase at the beginning of January of this year.

I went to the C&P exam at the end of March and the doctor asked me several questions and tested my range of motion (bending forward and turning side to side). She also did some other tests in regards to numbness and tingling I had in my right side. From that exam, I learned that my range of motion is less than 30 degrees from front to back and I have moderate to severe numbness and tingling in my right side from my hip down to my toes.

When I check my benefits account now, it says “Preparation for Notification.” It has said this since Wednesday of last week. The only difference that I see is in the section of pending disability claims.

This is the original claim and what I have been rated for:

Lumbar Spine Disc Herniation And Degenerative Facet Changes Of L4-s1 10%

Right Lower Extremity Radiculopathy 10%

Now it shows this:

Lumbar Spine Disc Herniation And Degenerative Facet Changes Of L4-s1 --INC

Right Lower Extremity Radiculopathy --INC

Radiculopathy Femoral Nerve --NEW

So, from what I have said, what do yall think my new rating will be?

Also, looking through the forums, I have also noticed that I could claim disability for Pseudofolliculitis barbae. I know it is in my record. This has been documented since boot camp... where my face swelled up like a melon after they made me shave with a blade when I told them I could only use an electric shaver. I also still have several of the no shave chits that they gave to me for it.

So my other questions are:

Should I file for this?

If I do, will they do a C&P exam?

If I do, will they have to re-rate my back disability, as well?

(I would wait to file for this after the claim I have clears)

Edited April 12, 2015 by Axelbrain

[iceturkee]

just curious, have you had a recent mri on your lumbar spine? if so, what did it say if i might ask? i am 40 percent service connected for my back, why i am curious. thanks.

[Andyman73]

Axelbrain,

I have to say, you certainly went forward in reverse! I got upgraded several weeks ago, for my back. Lots of other stuff was denied, tho. I fell down a flight of stairs during boot camp. That was November of '92. My original rating was 10% for low back strain, despite showing spina bifida, disc narrowing, degenerative disc disease and sciatica down the left leg. That rating was given in early '99. I finally got some relief after my 4th attempt. Now it shows the DDD has progressed to the point that the disc is bulging out enough to touch nerves on both sides. Sciatica in both legs, artharitis now as well as some notable changes on more than half my vertabrae. Doc wrote her opinion that the DDD should have been the original rating. And that the bulging disc as bi-lateral. New rating is still coded as low back strain. Hmm.. I'm thinking CUE. Oh, and this was all because she "mentioned" that she could schedule an MRI. Well, thank the Lord I said yes to that! ICE your pain turkee and it makes me curiuos as well.

Semper Fi.

[lcurle]

I was told by my PCP and a PA in the ER that, "The body wants to heal itself and you should let it do that." This was after I went in because I had swelling around my spine where the bulk of the "Degenerative Arthritis" is. Asked for an MRI and got told, "We don't do MRI's." Asked for an xray to see if there was any acute injuries, "We are here to treat your current pain symptom and not your back." I told them I did not want any narcotics. I just want help to get my back feeling better so I can move without being hunched over. It seems like IME/IMO's are starting to be counterproductive and tells the VA , "Screw you and your doctors." but they are needed when we go past their first line of defense, the C&P examiners, and into the BVA.

"Never give up, never surrender. Until the day I die."

[iceturkee]

can you get a cat scan done? that will still show more than a routine xray will but not as much as an mri. good luck with that.

[lcurle]

We shall see what my PCP says tomorrow when I go in about my back. I'm sure it will be the same rigmarole as last time, "physical Therapy" and "ice"