To Cue, Or Not To Cue, That Is The Question My Friends.

[Andyman73]

I was looking over some of my recent claim info regarding a granted increase on my back from 10 to 40%. C&P Doc wrote that this is the natural progression of the disease(DDD). And she noted that there was an X-ray from my AD time that showed then the DDD already starting. . And she noted that this should have been the original diagnosis as well. The original rating was/is still for low back pain.

Can some of you well versed VA claim Warriors give me some input on this? Thanks!

Semper Fi.

Andy

[broncovet]

1

Edited June 4, 2015 by broncovet

[iceturkee]

asknod,

The rating sheet shows this rating; 5010-5295 for Low Back Condition. And according to the notes from that C&P exam the diagnosis codes are as follows; 724.2 mechanical low back pain, and 846.0 lumbosacral strain. X-ray of the lumbar spine from 09/15/1998 showed impression spins bifida of S-1; sacralization of L5 bilaterally. Also noted was narrowing of intervertebral disc space at the level of L5-S1 due to Degenerative Disc Disease.

I had an MRI done on 03/17/2015 and here are the findings from that; normal alignment and heights of the vertebral bodies; transitional anatomy with partial lumbarization of the S-1; conus is normally positioned at the L1. L1-2 and L2-3 normal disc spaces and posterior elements; spinal canal and neuroforamina widely patent. L3-L4 normal disc space; minimal degenerative changes of the facet joints; neural foramina mildly narrowed bilaterally. L4-L5 normal disc space; mild degenerative changes of the facet joints; right neural foramina mildly to moderately narrowed bilaterally( but the radiologist report shows both L and R neural foramina narrowed). L5-S1 mild disc degeneration with mild mild broad-based central disc buld; minimal degenerative changes of the facets joints; moderate to severe stenosis of the neural foramina. Compromise of either L5 nerve root is possible. The proximal S1 nerve roots appear unimpeded.

Reported "Impression: There is transitional anatomy present with partial lumbarization of S1. At L5-S1 there is mild disc degeneration with mild circumferential disc bulge. There are minor facet changes a well. The combination results in a moderate to severe stenosis of the right and left neural foramina with possible compromise of either L5 nerve root."

The more appropriate diagnosis for DBQ Back(Thoracolumbar Spine) Condition is :Diagnosis #3 Degenerative Disc Disease, ICD code 722.6, diagnosed on 03/17/2015.

And at this point the examiner noted again that x-rays dated 09/15/1998, while I was still on AD, of the lumbar spine report narrowing of the intervertebral disc space L5-S1 due to degenerative disc disease.

Then she wrote that this diagnosis represents a progression of the SCD.

the mri of my lumbar spine from may 2014 showed: 5 herniated discs with no nerve impngement; a stable grade 1 slippage of vertebrae at l5, s1 i believe; 2 torn discs; both foraminal and spineal stenosis throughout entire area and arthritis. i'm still at 40 percent for my back.

[Buck52]

I was thinking you could use the medical evidence you have for the cue..if you get DENIED , you can keep it in appeals or maybe it will stay at the BVA=CAVC

At least you will have it filed.

The basic change in format of the rating decision was changed in 2005

I Believe you should be able to prove your wrong Diagnosis & the codes they used to rate you beings that the 5295 was change after you was diagnosed.(dates will factor in)

use the M21-MR pertaining to your change in Diagnose.

http://www.google.co....94911696,d.cGU

This medical can sure be hard to figure out at times.

I wish you luck Andyman73

.........Buck

Edited June 8, 2015 by Buck52

[Andyman73]

Ok, Buck, I appreciate your thoughts. I will do that.

[Buck52]

Andyman

With all the Regulations, there should be a way to straighten this WRONG DIAGNOSE out.

you have the evidence that Dr wrote that should be good medical evidence coming from Dr

you might ask for an increase but check the DC's (Diagnostic Codes) to which your disability's was coded, if you can find the correct code? then you may have a chance!

But I think I remember reading that that still don't help with a cue?

jmo

............Buck

[Buck52]

https://iris.custhelp.com/app/answers/detail/a_id/927/kw/(%26quot%3Bprotected%20disability%20rating%26quot%3B)/related/1/session/L2F2LzEvdGltZS8xNDMzODE0Mzg0L3NpZC9HNDV0NnFvbQ%3D%3D