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Increase for Anxiety related to chronic back pain?

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ColdWarVet

Question

Hello all,

I am 20% for my neck and 10% for lumbar back. I put chronic pain on my request for increase 2 years ago. In my decision letter they increased me from 10% to 30%. I didn't disagree at the time as I felt that 30% was a fair enough rating.  I just re-read the rating recently and they dismissed the chronic pain. They considered it but it does not meet the criteria or something to that effect.

For quite some time now I've had much anxiety and panic attacks that are triggered as a result of my pain. I DID NOT put that on the request for increase, as I didn't realize that I could until I started reading on this forum.

Question is, should I put in a request for increase based on anxiety (or chronic pain) as secondary to my back pain and hope that it can be established at a C&P exam, or should  I get a referral to the pain clinic and establish it that way first? Also, do I have any recourse, and will they go back 2 years as I put it down then, if I am eventually granted for chronic pain?

Thanks Much!

CWV

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Not sure how to approach the increase claim due to anxiety from the chronic pain...However...a mental health(MH) secondary claim due to chronic pain is a real possibility.  Perhaps you would word the claim as "mental health condition" secondary to chronic pain. 

My VA MH Dr told me that chronic pain does play a large part in depression and MH issues, which I used as a basis to file my own depression secondary to chronic pain claim.  At the time I was DXd by him with MDD 5 months before claim was filed.  So I had DX, and a laundry list of SMR entries, including several SCDs that dated back to my EAS. But I was denied, the C&P examiner went out of his way to not talk about how my injuries have effected my life.  Which was quite wrong due to the fact that my major issues occurred on my 5th day of boot camp(I fell down a flight of stairs) with 6 years of USMC ahead of me still.

Does this mean you will get the same kind of examiner, absolutely not, just one Vet's experience of how the VA really does love and care for us.

Now, your back, your rating is based on ROM(range of motion).  You can file for an increase for your back, and once you get to the C&P exam, they will have you bend over and back and side to side.  You MUST NEVER(EVER!) go past the point of tightness or pain!!! They will mark your ROM based on how far you go.  I screwed myself, 15 years ago by doing just that, bending to touch my toes, even tho' it was way past the point of pain. Then last year I went again, and stopped at the point of pain, ended up getting my back increased from 10% to 40%.

Semper Fi

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I too didn't realize at the C&P and bent over much farther than I was comfortable with. I have my first pain clinic appointment on Friday and will take it from there.  In the meanwhile, I'll go on ebenefits and do an intent to file claim for a MH secondary to the pain from SC back.

Thanks for the info and sharing your experience Andyman,  I appreciate it!

CWV

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ColdWarVet,

You're welcome, if someone can benefit from my VA experiences, I'm glad to share them. Have you had any MH treatment during or after your service?  While not necessary, it would be helpful.

Semper Fi

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ColdWarVet,

I agree with Andyman73 in reference to filing for anxiety; due to back pain. Start with you prime care provider and get a referral to mental health for anxiety, plus I would also have an outside provider provide you with a nexus letter and DBQ if possible before submitting the claim.  I think the hardest part about establishing the anxiety is the length of your treatment at least wait 3 to 6 months before filing to establish ongoing treatment. You can do another C&P for your back.  At anytime during the previous exam did you state you were in pain to the examiner as you were bending? 

 

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