Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Backpain question

Rate this question


bruinboy

Question

I am confused... I have a complaint of backpain on my exit physicial. I stated that I had a serious back spasm for about a week in medical record .... I continue to have back pain so I filed a claim. Recently I had a C&P for lower back pain and spasm.  Can this service connect?


This Veteran describes a clinical picture of occasional lumbar muscle spasm/strain, with no objective evidence that is had its onset in service.However, his X-rays show diffuse degenerative spondylosis which could be triggering the spasms. The radiologic abnormalities may be nothing more than simple wear and tear of the spine, but the likelihood is that the process began more than 12 months ago, i.e. began while he was in service. THerefore, it is at least as likely as not that his LBP had its onset while in service
Link to comment
Share on other sites

Recommended Posts

  • 0

bruinboy,

Heres the beauty of your report.  Arthritis.  It looks like you will get at least 10% for arthritis.  You could get more from ROM, but you'll have to wait for thier desision.  

Now, after a while if you have (get) an x-ray of your neck and it shows arthritis, you can get that SC'd secondary to your thoracic.  Then you can get 10% for that and maybe more if your have neck ROM issues.

You could have your lumbar evaliated for secondaries, however, they count that with the thoracic, so it could be added and you would get the higher of the two and not each.

I am currently 20% cervical and 20% thoracic/lumbar for range of motion.  It started at 10% for cervical DDD (arthritis).  Later increase cervical for ROM and then I claimed thoracic seconday to cervical and got 20% for DDD DJD (arthritis) for ROM.

Any x-ray of arthritis will only get you 10%.  ROM gets you more.

Any key to Range of Motion is to stop movement UPON pain.  I did this with my arm movement for a ROM test for my shoulder.  Don't let the examiner pull/push you farther than first pain.  Stop at pain.  FYI, my neck and spine ROM didn't not involve pain (I literly cannot move any farther).

Also, as other will opine, it will take you a while for all this to build a case/claim, you just have to keep plugging a long.  There are a couple of big steps you want to make.  30%, 50% 70% and 100% are important markers for percentages and all have important benifits.

My story;

2009 30%, 2011 40%, 2013 60% and lastly 2014 70%.  And am planning my next claim as we speak.

And your your only advocate.  Read, read and read again.

Hope this helps,

Hamslice

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

Link to comment
Share on other sites

  • 0

Because the C&P Exam noted at least as likely as not (50%)  It should be SC'd.  The ROM is not less than 60, so hey will probably give you 10% on the back issue.  As long as they say that the onset of the symptoms was during active duty, you qualify.

You are pretty young (it sounds like).  Your back is a tough system of disc and bone.  Good advice;  get X ray and/or MRI to confirm that this is not a small problem that could get big later on.  Correcting a disc problem (if one exists) now might save you a lot of trouble later.  A good therapist or Chiro can fix it without needing surgery most of the time at the early stages.

Edited by pwrslm
Link to comment
Share on other sites

  • 0

your range of motion is nearly normal other than the 80 degrees where 90 is normal. your others are normal. given that, i think the most you will get is 10 percent and maybe even 0 percent. i'm currently 40 percent for my back.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

The main thing above all is to get this back injury service connected.  If you are young now and you have spine trouble due to arthritis just think what it may be like in 40 years.?  I can tell what it may be like.  You may end up having constant back pain that can only be corrected by surgery.   This is the worst option of all since there is a whole category of "Failed Back Surgery" diagnosis.  Get any and all problems you believe occurred in service connected to your service.  No injury or illness is too small because these things loom large in your later years.   I had foot and knee problems in Basic and AIT.  I did complain and low and behold all my medical records from that time vanished.  Now if I were to file on these conditions I would lose because there is no record of any medical treatment or complaints in my file.  This was way back in 1969.  About half of my medical records are missing.   I know you got a full copy of your military records at ETS.  Most of us older vets did not get a copy nor were we offered a copy.   Now look at us!   I have arthritis so bad in my knees, back and hips I can hardly get in and out of my car after driving for half an hour.  I know it was probably from forced marches carrying all that junk on my back but how can I prove it after all these years.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use