Lower Back and Neck Claim Question

[Galen Rogers]

Howdy all,

I have been reading through CFR 38 diagnostic codes for my neck and lower back issues. I know I don't meet the incapacitating requirements but do have limited range of motion, painful movement, and numbness/tingling/pain in my arms and my feet. Both my lower back and neck have ruptured discs, degenerative arthritis, and stenosis to some degree. All mostly due to a fall that happened a few years back caused by my service connected knee giving out. So I know to claim both as secondary (working on those two). I believe my range of motion falls in the 20% rating range. I f I read the CFR correctly I can also claim as secondary the radiculopathy caused in my arms, hands, and feet. I also get pain in my hips when I walk due to the limp caused by my knees.  So my question is:

1. Can I claim the radiculopathy as secondary as separate issues for my arms (neck), feet (lower back), and my hips (lower back)? 

[broncovet]

Yes.  However, you have pyramiding to contend with.  The VA wont pay you for the same symptoms twice.  You will only be compensated, if service connected, for "one" set of symptoms.  You wont get paid for hip pain secondary to back pain AND hip pain secondary to neck pain, for example.  

As far as primary and secondary, best is to apply for both, and let VA raters decide, and dont try to do their job for them.  (They will likely resent it).  Its ok, tho to apply for "hip pain, both primary and secondary to neck pain", but the VA will only pay for it once.  Without reading your file, I dont know if a doctor said your hip pain was related to service or if it was secondary to neck pain.  However, you can read your own file, but I dont recommend "burning down" any bridges.  That is, dont insist its primary or insist its secondary...let the evidence speak for itself.  

We see a good example of this with mental disorders.  You could be diagnosed with bipolar, depression, PTSD, MST, and maybe even a few more.  However, you wont get 400 percent witho only mental disorders from symptoms from each.  You will get paid for 1, and the worst set of symptoms.  

[Galen Rogers]

Thanks broncovet.  The hip pain is caused by a combination of  the bad knees and the ruptured discs in my lower back. I'll let the VA decide what to actually tie it to. The way I understand it radiculopathy can be rated separately and it won't be considered pyramiding. But I can only get it once for my legs and once for my hands/arms or can I only get it once for all extremities combined? That is probably a more precise question.

 

[broncovet]

Once SC, they are rated on "symptoms".  

"Pain" is a symptom.  

ROM is a symptom (loss of ROM).  

Yes, You can have symptoms affecting your hands, your feet, or for all extremities.  

If rated for "all extremities", I dont think you could also get rated for your hands, because hands are an extremities, so they would be inclusive.  Theoretically, the VA would rate you on the one that resulted in the biggest percent to you:  either individually or collectively.  

[vetquest]

Neuropathy can be rated for the individual extremities.  I have a rating for each arm and leg, four separate ratings.

[brokensoldier244th]

Yes it can . It's under partial paralysis of sciatica nerve.