Need Advice On Increase.

Billellis75 · January 30, 2007

Hello all, I am currenty rated at 20% for a service-connected comp for Lumbar disc disease, status post laminectomy and discectomy. I was recently told that the same disc was agin herneated(Sorry spelling). I went to the surgeon and was told and saw in the MRI that I have a sac of spinal fluid about the size of an orange around where the firsr surgery was done. He also stated that this was caused by the forst surgery. As soon as I found out about the disc I went back to the VA far an increase this was around Jan 2. Today I found out that the have me scheduled for a C&P on Monday Feb 5th. I think that it is great that the VA is moving along with the process so quickley because I know it usally dont work that fast. My concern is that I just had the appoitment with the surgeon on the 24 of Jan. I spoke with my doctor today and he says that the infor the sergeon gave me is not in my file yet. My VA rep wants me to send in the VA notice form saying that I dont have any other information so that the claim is not delayed. What should I do. I don't think that they have all the info they need to make a desion. Also what is a fair % for the bocthed surgery and the same dics messed up agian. Also it is my understanding that any thing over 30% you receive comp for your children. If my claim is raised it will have to be at least 30%. Why would they not send me paperwork for that now.

Any help would be great.

Berta · January 30, 2007

"My VA rep wants me to send in the VA notice form saying that I dont have any other information so that the claim is not delayed. What should I do. I don't think that they have"

I think he is wrong-

It will take time after the C & P to even get those results- and then whatever they do next-and by then you might have the results of what the surgeon said-

By the way- did the vet rep mention filing this as Section 1151 claim as well as secondary?

"Also what is a fair % for the bocthed surgery and the same dics messed up agian. Also it is"

This is hard for us to determine- they will rate this on the level of disability that occurred After the screw up-very hard to know what they will do-

the C & P results (you can get them from the VAMC) will help show what the VA is considering as to the extent of this additional disability-

A secondary claim for a medical error is just as good as a Section 1151 claim-often a better way to go- and even easier to prove in most cases-

I just wondered if this vet rep told you the options you had-

You are right- what good is a decision without all of the pertinent evidence?

I cannot imagine how -in the long run- important evidence could "delay" a claim.

Without it the claim could be denied.

Vike17 · January 30, 2007

Billellis75,

Did you have this surgery while in the service and was the 20% the result of the residuals you had after the surgery? I ask this because you said you already had a 20% rating and it appeared that you are requesting a higher evaluation because of a further worsening of the disability. By this I mean residuals of the surgery becoming worse. If you could clarify this situation, then we can give you some sound advise as what you should do.

Vike 17

Billellis75 · January 30, 2007

Vike17, You are correct in your statement. I did have the surgery when I was on active duty. The rateing was given to me after the fact.

Thanks

Vike17 · January 31, 2007

Billellis75,

That's what I kind of though, but wasn't sure as the surgery could have been through the VAMC. However, that senario wasn't making any sense.

At any rate a 1151 claim isn't even a consideration because that entails a medical error by the VA not the DoD. Essentially that's what the VA is there for; to compensate you for stuff like this.

The only thing you need to do is write a short letter to your regional office stating would like to be evaluated for an increase in your current 20% evaluation for yoor lower back (I assume this is for IVDS either) I'm not sure when this was first rated (you didn't say in your previous post), so i don't know if it was rated under the old criteia or the new. Regardless, the VA currently rates IVDS, as Rickb54 said, according to range of motion (how far you can bend forward)or incapacitating episodes (how often your doctor says you are totally incapacitated due to pain and the other symptoms). Even if you were rated under the old criteria, the VA would see which criteia would be more beneficial to you and assign the evaluation accordingly.

When you request the increase in evaluation, you should attach any medical records, private or from the VAMC, since your last C&P exam. You do not need to send in any stuff from prior to that. The VA only needs to see the current stuff on how your back is doing.

Oh by the way, yes, your rep is wrong! Just fill out the VCAA response asking them to wait the additional 60 days or don't send it in at all, so you have a chance to submit those records if you cannot attach them to the request for increase. Of course what Rickb54 said is also true in the sense that it will more than likely take a couple of months after the C&P exam before some one in the Rating Activity has a chance to take a look at the claim. Just make sure the RO receives your currentmedical records before they actually make a decision.

Vike 17

I hope this helps!

Vike 17