disability claim increase

[abnrgr88]

I had a back increase for degenerative disc disease from 10% to 20% 1 year ago. Since that time my back was correctly diagnosed by a private outside the VA Surgeon and underwent 13 level spinal fusion with 26 screws and 2 cobalt chrome rods. Surgery was 8 1/2 months ago. This surgery is definitely an increase to an existing 20 % rating. I have pain in the scar and back is painful and not healing well. PT has been slow with numerous cancellations. Now both hips are in pain and being addressed through outside pain management friday. this is all documented at the VA through the choice program. this is alot and i am looking for suggestions on my next step? I am currently 90% overall and 100% IU. Thank you again! RLTW.

[broncovet]

When you go to a C and P exam, Vets advocates always say to tell the doc about your "worst day", not your best day.  

So, if your pain level was a 9 on thursday, but its only a 2 on the day of the exam, then tell the doc your pain level was a 9 on Thursday.  (Your worst day).  

[vetquest]

Get a VSO and file for increase of your back injury.  The VA does not rate pain as I know it but it will rate the cause of the pain if it is service connected.

[Buck52]

You actually can file the claim for increase or new claim yourself on e benefits  its a lot faster.

also you may want to consider this.

In order to receive VA disability compensation for chronic pain, the symptoms caused by the chronic pain disorder must be ratable. For example, oftentimes a veteran’s chronic pain will cause depression. In that case, the veteran’s chronic pain would be rated according to the rating criteria for general mental health disorders.

Keep in mind that, in order for symptoms of chronic pain syndrome to be ratable, the source of the chronic pain must be a service-connected condition. For example, a veteran with a service-connected back condition suffers from chronic pain. The chronic pain causes the veteran to become severely depressed. Because the chronic pain developed out of a service-connected condition, the veteran can receive VA benefits for the depression caused by his chronic pain. In other words, the depression is secondary to the veteran’s service-connected condition.

Source: Hill & Ponton , Disabilities  Attorneys

[Buck52]

Just want to add this

About pain,

   when they ask you on a number from one to 10 10 being the most critical  what number is your pain right now?

you need to give them a high # like an 8 or 9 even if your pain is below that and your not having as much pain at this time as you usually do.

Always give them a high Number.

We need to do this to get anywhere with the VA

[kanewnut]

5 hours ago, vetquest said:

Get a VSO and file for increase of your back injury.  The VA does not rate pain as I know it but it will rate the cause of the pain if it is service connected.

This is one I have. Painful motion or pain in use is used several times in CFR 38.

5003 Arthritis, degenerative (hypertrophic or osteoarthritis):

Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below: