Filed For Increase And New Claim

[huskerfanfl]

I finally sent in the letter last week to file for an increase for my right knee (currently) at 10%, Lower Back (currently at 10% and now having to go to physical therapy because of the pain), left knee (has gotten worse since I retired 2 years ago, was rated at 0% then) and right ankle (currently 0% but swells up each time I walk more than 1/2 mile)

I also filed for anxiety/sepression which was diagnosed by a VA psychiatrist in Evansville who stated it was more than likely caused by my other disabilities.

Any advice on what I can do while I wait for the C & P examination(s)

Thanks,

Tim

[Guest rickb54]

Huskerfanf1,

Actually there are two different ways that your back injury could be rated. It can be rated under the general rating schedule for the spine(diagnostic codes 5235-5243) this schedule is mainly concerned with limitation of motion. Under this schedule you could be rated seperately for sicatiac nerve damage. Sciatica nerve is rated under 8520 or 8521, this rating will be based on the severity of the nerve damage.

You could also be rated under 5243 Intervertebral disc syndrome, this schedule is based on the number of medically documeted incapacitating episodes. Under this schedule the sciatic nerve is not rated seperately. The va will rate using the schedule that is more advantage to the veteran's case.

I will not guess what your rating(s) may be. I do know the va is not going to rate the sciatic nerve damage unless you have a nerve conductive study done. The nerve conductive study wil indicate how much damage is done to the nerve. If you have not had a study done I suggest you talk to your doctor about it, the va will not do this study at a C/P exam. The va is not going to rate you on the number of damaged disc, however if you have damaged disc in more than one are of the spine, ie, lumbar, cervical spine, you could be rated for both segiments seperatley.

The only comment I will make about the depression is that it is widly known that pain causes depression. Also keep in mind if you open a claim for sciatic nerve damage you back injury will be totally reevaluated.

Here are the rating schedules for the back and sciatic nerve.

Best of luck

The Spine

------------------------------------------------------------------------

Rating

------------------------------------------------------------------------

General Rating Formula for Diseases and Injuries of the Spine

(For diagnostic codes 5235 to 5243 unless 5243 is evaluated

under the Formula for Rating Intervertebral Disc Syndrome Based

on Incapacitating Episodes):

With or without symptoms such as pain (whther or not it

radiates), stiffness, or aching in the area of the spine

affected by residuals of injury or disease

Unfavorable ankylosis of the entire spine............... 100

Unfavorable ankylosis of the entire thoracolumbar spine. 50

Unfavorable ankylosis of the entire cervical spine; or, 40

forward flexion of the thoracolumbar spine 30 degrees

or less; or, favorable ankylosis of the entire

thoracolumbar spine....................................

Forward flexion of the cervical spine 15 degrees or 30

less; or, favorable ankylosis of the entire cervical

spine..................................................

Forward flexion of the thoracolumbar spine greater than 20

30 degrees but not greater than 60 degrees; or, forward

flexion of the cervical spine greater than 15 degrees

but not greater than 30 degrees; or, the combined range

of motion of the thoracolumbar spine not greater than

120 degrees; or, the combined range of motion of the

cervical spine not greater than 170 degrees; or, muscle

spasm or guarding severe enough to result in an

abnormal gait or abnormal spinal contour such as

scoliosis, reversed lordosis, or abnormal kyphosis.....

Forward flexion of the thoracolumbar spine greater than 10

60 degrees but not greater than 85 degrees; or, forward

flexion of the cervical spine greater than 30 degrees

but not greater than 40 degrees; or, combined range of

motion of the thoracolumbar spine greater than 120

degrees but not greater than 235 degrees; or, combined

range of motion of the cervical spine greater than 170

degrees but not greater than 335 degrees; or, muscle

spasm, guarding, or localized tenderness not resulting

in abnormal gait or abnormal spinal contour; or,

vertebral body fracture with loss of 50 percent or more

of the height..........................................

Note (1): Evaluate any associated objective neurologic

abnormalities, including, but not limited to, bowel or bladder

impairment, separately, under an appropriate diagnostic code.

Note (2): (See also Plate V.) For VA compensation purposes,

normal forward flexion of the cervical spine is zero to 45

degrees, extension is zero to 45 degrees, left and right

lateral flexion are zero to 45 degrees, and left and right

lateral rotation are zero to 80 degrees. Normal forward flexion

of the thoracolumbar spine is zero to 90 degrees, extension is

zero to 30 degrees, left and right lateral flexion are zero to

30 degrees, and left and right lateral rotation are zero to 30

degrees. The combined range of motion refers to the sum of the

range of forward flexion, extension, left and right lateral

flexion, and left and right rotation. The normal combined range

of motion of the cervical spine is 340 degrees and of the

thoracolumbar spine is 240 degrees.The normal ranges of motion

for each component of spinal motion provided in this note are

the maximum that can be used for calculation of the combined

range of motion.

Note (3): In exceptional cases, an examiner may state that

because of age, body habitus, neurologic disease, or other

factors not the result of disease or injury of the spine, the

range of motion of the spine in a particular individual should

be considered normal for that individual, even though it does

not conform to the normal range of motion stated in Note (2).

Provided that the examiner supplies an explanation, the

examiner's assessment that the range of motion is normal for

that individual will be accepted.

Note (4): Round each range of motion measurement to the nearest

five degrees.

Note (5): For VA compensation purposes, unfavorable ankylosis is

a condition in which the entire cervical spine, the entire

thoracolumbar spine, or the entire spine is fixed in flexion or

extension, and the ankylosis results in one or more of the

following: difficulty walking because of a limited line of

vision; restricted opening of the mouth and chewing; breathing

limited to diaphragmatic respiration; gastrointestinal symptoms

due to pressure of the costal margin on the abdomen; dyspnea or

dysphagia; atlantoaxial or cervical subluxation or dislocation;

or neurologic symptoms due to nerve root stretching. Fixation

of a spinal segment in neutral position (zero degrees) always

represents favorable ankylosis.

Note (6): Separately evaluate disability of the thoracolumbar

and cervical spine segments, except when there is unfavorable

ankylosis of both segments, which will be rated as a single

disability.

5235 Vertebral fracture or dislocation

5236 Sacroiliac injury and weakness

5237 Lumbosacral or cervical strain

5238 Spinal stenosis

5239 Spondylolisthesis or segmental instability

5240 Ankylosing spondylitis

5241 Spinal fusion

5242 Degenerative arthritis of the spine (see also diagnostic

code 5003)

5243 Intervertebral disc syndrome

Evaluate intervertebral disc syndrome (preoperatively or

postoperatively) either under the General Rating Formula for

Diseases and Injuries of the Spine or under the Formula for

Rating Intervertebral Disc Syndrome Based on Incapacitating

Episodes, whichever method results in the higher evaluation

when all disabilities are combined under § 4.25.

Formula for Rating Intervertebral Disc Syndrome Based on

Incapacitating Episodes

With incapacitating episodes having a total duration of at least 60

6 weeks during the past 12 months..............................

With incapacitating episodes having a total duration of at least 40

4 weeks but less than 6 weeks during the past 12 months........

With incapacitating episodes having a total duration of at least 20

2 weeks but less than 4 weeks during the past 12 months........

With incapacitating episodes having a total duration of at least 10

one week but less than 2 weeks during the past 12 months.......

Note (1): For purposes of evaluations under diagnostic code

5243, an incapacitating episode is a period of acute signs and

symptoms due to intervertebral disc syndrome that requires bed

rest prescribed by a physician and treatment by a physician.

Note (2): If intervertebral disc syndrome is present in more

than one spinal segment, provided that the effects in each

spinal segment are clearly distinct, evaluate each segment on

the basis of incapacitating episodes or under the General

Rating Formula for Diseases and Injuries of the Spine,

whichever method results in a higher evaluation for that

segment.

Sciatic nerve

8520 Paralysis of:

Complete; the foot dangles and drops, no active movement 80

possible of muscles below the knee, flexion of knee weakened

or (very rarely) lost.......................................

Incomplete:

Severe, with marked muscular atrophy....................... 60

Moderately severe.......................................... 40

Moderate................................................... 20

Mild....................................................... 10

8620 Neuritis.

8720 Neuralgia.

External popliteal nerve (common peroneal)

8521 Paralysis of:

Complete; foot drop and slight droop of first phalanges of 40

all toes, cannot dorsiflex the foot, extension (dorsal

flexion) of proximal phalanges of toes lost; abduction of

foot lost, adduction weakened; anesthesia covers entire

dorsum of foot and toes.....................................

Incomplete:

Severe..................................................... 30

Moderate................................................... 20

Mild....................................................... 10

8621 Neuritis.

8721 Neuralgia.

[Guest terrysturgis]

Husker, I do not think anyone here was trying to be "clever". Heck when I had my hearing and tinnitus C&P they asked me if I had any hobbies. I said " I do drag race occasionally". I won't tell you what my wife called me. Those statements stay with you in your file and that is the point the folks were trying to make. When I am at any VA facility I think like an attorney and say very little. I think to myself , would my wife think I'm a dumb S--- if I say this. Darn it, now I told you what she called me. Take care. Terry Sturgis