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In need of advice on disability claim

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88mike101

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Hello all!!! I need advice on what to do with my VA disability claim. I was medically discharged from the Army in 1999 for lumbar strain. Since being discharged my back has continually gotten worse. I am currently rated at 50% for the following disabilities: 40% for lumbar strain and 20% for radiculopathy for my right leg. Since I have received this rating I have had a laminectomy on my l4-l5 which my neurosurgeon didn't release me back to work for an entire year due to complications. I only received temporary 100% for 6 months. To say the least the surgery wasn't a success and I begged the doctor to release me to work because I couldn't afford to be out of work any longer. A year later I continued to see my neurosurgeon and he gave me a permanent lifting restriction of no more than 15lbs. I lost my job in 2013 that I held for 8 years due to my job requiring a me to lift up to 50lbs. I didn't work from Feb 2013 to September 2014 due to my lifting restriction. After running out of money and support from family and friends and being evicted from my apartment I reentered the work force. Since September 2014 I have had 5 jobs and I struggle physically and mentally everyday while at work. My current employer provides accommodations for my disabilities and doesn't hold me to the same standards as the other employees. I also have a letter from my employer stating how my employer accommodates me. I have exhausted much of my PTO at work due to my medical conditions. I also have a letter from my neurosurgeon stating that my surgery wasn't successful, how much time I was not able to work after my surgery and the course of treatment he has tried on me. The letter also stated that I have spinal Stenosis throughout my lumbar spine and if he was to perform surgery it would entail a fusion operation and major reconstructive surgery. My MRI states that I have congenitally short pedicles contributing to overall diminutive spinal canal diameter, bilateral neural foraminal stenosis from my l1-l5 with the l3-l5 being the most severe, bulging disc from l3-l5, flavum thickening l4-l5 and facet hypertrophy l4-l5.  I also have been seeing a psychiatrist at the VA and was diagnosed with major depressive disorder due to chronic pain. I have also have been diagnosed with bilateral plantar fasciitis due to my flat feet. I was given custom heel inserts for this. I was also treated for this while serving on active duty and given the same inserts. Can anyone assist me on how to go about filling my claim?

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You certainly have to  request a higher rating for the results and residuals of the labinectomy,but that would take medical information that this is directly from the 40 and 20%s your have now.

I assume VA already does have that info as they did award the temp comp for 6 months-

others here know far more about spinal disabilities than I do and they will help you shape that claim.

 " also have a letter from my neurosurgeon stating that my surgery wasn't successful, "

who did the surgery-VA? and why did the surgery fasil to be successful?

I also have been seeing a psychiatrist at the VA and was diagnosed with major depressive disorder due to chronic pain. I have also have been diagnosed with bilateral plantar fasciitis due to my flat feet. I was given custom heel inserts for this. I was also treated for this while serving on active duty and given the same inserts. Can anyone assist me on how to go about filling my claim?"

Claim the depression as due to pain from your SC disabiltilies and claim the bilateral pes fasciitis too.

The custom heel inserts- --just for the heels? you don't require custom orthonics that help build up the arch?

Maybe you do mean the type a podiatrist takes a mold of your feet for- 

I am a civilian. My neighbor showed me some orthonics the VA gave him ( he had 2 SCed knee replacements and felt off balance until they finally gave him orthos but he showed them to me- and they looked like real cheap crap. ) He seemed happy with them however.

I hope yours build up your arches like mine do. 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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