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?      
 

[pwrslm]

Code 5235: Vertebral fracture or dislocation—the bones of the spine break or slip out of alignment due to a traumatic event like a car accident. Any generic spinal bone injury would be coded here.

"If there is an abnormal spine contour (like scoliosis), or if you have muscle spasms, or if you guard your spine movements enough that you walk abnormally, then the condition is rated 20%. Proof of the abnormal spine contour or abnormal walk must be noted by the physician in an exam, not just with radiological evidence."

Edited September 30, 2015 by pwrslm

[iceturkee]

Code 5235: Vertebral fracture or dislocation—the bones of the spine break or slip out of alignment due to a traumatic event like a car accident. Any generic spinal bone injury would be coded here.

 

"If there is an abnormal spine contour (like scoliosis), or if you have muscle spasms, or if you guard your spine movements enough that you walk abnormally, then the condition is rated 20%. Proof of the abnormal spine contour or abnormal walk must be noted by the physician in an exam, not just with radiological evidence."

would code 5235 be a seperate rating? if i am service connected for arthritis in my spine but i have an abnormal spine contour or walk (which has been noted on comp and pen), could i or anyone else apply for this as well?

[Andyman73]

Anthony61,

One thing to keep in mind is ROM (range of motion).  I'm currently rated at 40% for my lower back due to limited range of motion.  I had an X-ray done while still on AD, that showed DDD of L5-S1, but was DXd as low back pain.  I was originally rated at 10% back in the fall of '98, then this past spring filed for an increase and got bumped to 40%.  But did not get any for DDD or radiculopathy.  However I do have several claims for secondary service connection currently in progress.

Welcome to Hadit, Marine!

Semper Fi.

Andyman

[pwrslm]

No, the arthritis could not stack with this, its pyramiding.  However, if your medical records show any type of abnormal spine contour when you had the 10% awarded, you might argue for a retro to 20% in a reopen.  After you do the reopen, put in a new claim for an increase.  They will combine the two, and if they approve it, you would get retro and an increase.  Everything in the lumbar and thoracic spine is rated as a single unit.  In that unit, it includes all musculoskeletal claims.  If you have nerve problems that can be rated separately, under nerves.

 

It just seems like if someone had a fractured or dislocated spine, it would alter the contour, a bit more than just a sore back.  I would look hard at that medical file, get the C File and scour it for information on the original claim.  VA is prone to mistakes like a flea is to a dog.

[Buck52]

Listen to this video by Attorneys Matt Hill and his Partner

Great Information'

 

https://www.hillandponton.com/category/veterans/cp-exams/

 

.........Buck

 

[Carl the Engineer]

Claim for an increase and secondary for any other issues you may think is connected within reason.

You may get some issues service connected at 0%.  Don't look at that as a bad thing, look at it as a stepping stone to a higher rating in the future.

Keep in mind, this may take a while.  I have posted (many others as well) namy times, I went 30 than 40 than 60 and most recently 70% over about 6 years timeframe.

Nothing is magical or automatic, and dont expect any help from the VA regards your rating, you need to drive this train yourself.

Good luck,

Hamslice