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Just had exam for increase in benefits for ruptured disc

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TugnTow

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Hello all,

 

I am new to the forum and this is my first post so I hope that its in the correct forum and makes sense. I'll give my background. I did 5 years in the USGC all aboard seagoing buoy tenders. I was a Boatswains Mate 2nd Class when I got out. I hurt my back while on the ship moving anchor chain around for the buoys we serviced. When I got out I was given 10% VA compensation for Degenerative Disc Disease but I had already had an MRI which showed a tear in the L4-L5 disc and a small herniation in the L5-S1. In 2011 I recieved an added 10% for sciatic nerve damage right lower extremity. My condition has since gotten a lot worse so I decided to re-file for an increase. The following is what I claimed

Disabilities Claimed: degenerative disc disease lumbar spine with herniated nucleus pulposis (Increase), sciatic nerve damage right lower extremity (Increase), L4-L5 Right paracentral annular tear small central disc protrusion slightly effacing ventral thecal sac mild bilateral facet disease. (New), L5-S1 Large paracentral disc protrusion effacing the ventral thecal sac severly compressing S1 Root. Moderate left severe right recess stenosis. Bilateral radiculpathy right greater than left. Mild Bilateral Facet Disease. (New)                   

Under the section "Pending Disabilities" in ebenifits it says

Degenerative Disc Disease Lumbar Spine With Herniated Nucleus Pulposis 01/03/2018 INC View Pending Claim
Sciatic Nerve Damage Right Lower Extremity 01/03/2018 INC View Pending Claim
L4-l5 Right Paracentral Annular Tear Small Central Disc Protrusion Slightly Effacing Ventral Thecal Sac Mild Bilateral Facet Disease. 01/03/2018 NEW View Pending Claim
L5-s1 Large Paracentral Disc Protrusion Effacing The Ventral Thecal Sac Severly Compressing S1 Root. Moderate Left Severe Right Recess Stenosis. Bilateral Radiculpathy Right Greater Than Left. Mild Bilateral Facet Disease. 01/03/2018 NEW View Pending Claim

 

I submitted all sorts of documentation (MRI's, Nerve Studies, several years worth of documentation showing my treatment from my primary care doctor, letters from my wife, DBQ's, and letters from my surgeon who recommended a lumbar microdiscectomy. Since filing the claim in October I went forward with the surgery to try and relieve some of the pain I was having and because I was told I may cause irreversable nerve damage and loss of feeling in my legs. I went for my VA exam this past Thursday in Hinesville, Ga. and the Dr. asked questions and measureed the scar on my back from the surgery and did all of the range of motion measurements. I wasn't able to see what any of the measurements came out to be which is disappointing because I wanted to compare those to what I know is part of the VA requirements.

Some of my questions are:

1 is it possible to get an increase in sciatic nerve and degenerative disc disease based on the info provided

2 are tears in the disc rated seperately than ruptured discs (I have one disc that is ruptured, one that is torn)

3 is Bilateral Facet Disease rated seperately than Degenerative Disc Disease

4 are Radiculpathy and Stenosis rated separately

5 does the increase if any change if it affects both sides of the body (Bilateral) as opposed to just one leg

6 is the scar that he measured ratable.

7 about how long after the VA exam can you expect a decision? I submitted it through the ebenifits website as a fully developed claim

8 In your opinion or experience what is the highest rating that you can get for the conditions I listed.

 

I hope this post was laid out in a way that is understandable and appropriate for the forum. I'm not sure how all of this works yet. Thank you in advance for any help or advice.

 

 

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I have another question that came up that I'm not sure what it means. My file says that I am rated at 60% based on 40% for the DDD with Lumbar Microdiscectomy, 20% Right Leg Radiculpathy with nerve Damage, and 10% Left Leg radiculpathy as I had stated earlier. I guess I overlooked it but they also list a deferred "Bilateral Upper Extremity Radiculpathy". I called the VA today to see what that meant but they said it would be explained in a letter that I haven't received yet. I assume this has something to do with the nerve study I had done but they said that the 60% disability was approved and the other was deferred. Does that mean they are looking at the possibility of rating that as well?

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