degenerative arthritis Degenerative Arthritis Secondary to Lower Back Pain

[Anthony61]

I served in the Marine Corps from 1980-2000. During Boot Camp and throughout my 20 career and even now, I suffer from incapacitating lower back pain, which is far worse today than it was during my years of active duty. The back issue was noted during my VA exam upon retirement, and didn't receive at rating in 2000 after I retired. In 2014, I decide to file a claim due issues with my, which had worsened. In May 2015, I was awarded a 10% disability rating under VA Code 5235. I know for a fact the lower back pain I experience today is a direct result of the trauma, wear and tear and misuse of my back during my military career. A recent MRI shows (Mild facet hypertrophic changes with congenital shortening of the lumbar vertebral pedicles resulting in mild narrowing of the neural foramen at the L3-4 through L5-S1 levels bilaterally. The central canal is patent throughout the lumbar region). My Doctor stated these are just terms that mean I have Degenerative Arthritis. I'm trying to determine if I should file a secondary claim for this issue under my current disability rating for my back pain or approach the Degenerative Arthritis as a separate claim seeing the range of motion has already established under my current disability rating?      
 

[Pete53]

It sounds like the severity of the service connection needs to be looked at. Good luck and welcome to Hadit

[iceturkee]

I served in the Marine Corps from 1980-2000. During Boot Camp and throughout my 20 career and even now, I suffer from incapacitating lower back pain, which is far worse today than it was during my years of active duty. The back issue was noted during my VA exam upon retirement, and didn't receive at rating in 2000 after I retired. In 2014, I decide to file a claim due issues with my, which had worsened. In May 2015, I was awarded a 10% disability rating under VA Code 5235. I know for a fact the lower back pain I experience today is a direct result of the trauma, wear and tear and misuse of my back during my military career. A recent MRI shows (Mild facet hypertrophic changes with congenital shortening of the lumbar vertebral pedicles resulting in mild narrowing of the neural foramen at the L3-4 through L5-S1 levels bilaterally. The central canal is patent throughout the lumbar region). My Doctor stated these are just terms that mean I have Degenerative Arthritis. I'm trying to determine if I should file a secondary claim for this issue under my current disability rating for my back pain or approach the Degenerative Arthritis as a separate claim seeing the range of motion has already established under my current disability rating?      
 

do i understand that you are currently 10 percent for your back and you want to file an additional claim for the same area? if not, then please correct me.

 

first, the va is going to treat the thoracic and lumbar area as one. if you are experiencing worsening in the area you are connected for, then file an upgrade. but i don't think you can do what you are asking. i am currently 40 percent for my back.

[Carl the Engineer]

I have degenerative arthritis of the lumbar and thoracic (cervical also, but rated seperately) which is counted as one.  You get 10% for arthritis found by x-ray.  That is all you can get for arthritis, unless your bedridden etc..  Now your rating is based on range of motion, which they gave you 10%.  So if you did get service connected for arthritis, you would still be at 10% as you cant piramid these two for the same body part.

However, there is an advantage to get the SC for arthritis, as that would be a stepping stone to get other body parts Secondary to your arthritis.  I have two adjoining joints that where secondaried because of arthritis.  And then once they were SC'd (secondary) if claimed increase and got 20% for both because of range of motion.

If I were you, I would file for a increase and new for secondaries on any adjoining joints.

Appearently arthritis spreads...

Hamslice

 

[Anthony61]

do i understand that you are currently 10 percent for your back and you want to file an additional claim for the same area? if not, then please correct me.

 

first, the va is going to treat the thoracic and lumbar area as one. if you are experiencing worsening in the area you are connected for, then file an upgrade. but i don't think you can do what you are asking. i am currently 40 percent for my back.

iceturkee, thanks for the quick response. My thought was to file a separate claim for degenerative arthritis rating code 5003 based on the findings of the MRI. The 10% I'm currently receiving under rating code 5235 was based on chronic lower back pain and listed as a back condition. At the time I filed for the lower back issue, I knew nothing about the degenerative arthritis a this came about a year after filing for the 10% I currently have. Filing for claims and increases is somewhat new to me, so I'm just looking to those with experience with the VA claims requirements.

Thanks

  

[Anthony61]

I have degenerative arthritis of the lumbar and thoracic (cervical also, but rated seperately) which is counted as one.  You get 10% for arthritis found by x-ray.  That is all you can get for arthritis, unless your bedridden etc..  Now your rating is based on range of motion, which they gave you 10%.  So if you did get service connected for arthritis, you would still be at 10% as you cant piramid these two for the same body part.

However, there is an advantage to get the SC for arthritis, as that would be a stepping stone to get other body parts Secondary to your arthritis.  I have two adjoining joints that where secondaried because of arthritis.  And then once they were SC'd (secondary) if claimed increase and got 20% for both because of range of motion.

If I were you, I would file for a increase and new for secondaries on any adjoining joints.

Appearently arthritis spreads...

Hamslice

 

Hamslice, thanks for the advice as this all new to me. To ensure I'm tracking, I should file for an increase on the 10% I currently have for my back condition (chronic lower back pain) under 5235 and new secondaries for L3-4 through L5-S1 joints?  

[iceturkee]

Hamslice, thanks for the advice as this all new to me. To ensure I'm tracking, I should file for an increase on the 10% I currently have for my back condition (chronic lower back pain) under 5235 and new secondaries for L3-4 through L5-S1 joints?  

i would agree with hamslice's recommendation. in theory, it should be easier to receive primary and secondary service connections based on arthritis in the back.

and arthritis does spread. well, it really doesn't spread per se. but arthritis of the spine can lead to arthritis of the hips and feet and so forth.