Range of motion ratings. Anyone?

[Rivet62]

I need someone keen on range of motion ratings.  I'm updating my back issues with physical therapy findings. VA sees records dated 4 years ago, but things have changed.

I've had recent physical therapy. The files are below. I've got to be more than 10% now, but when I look at the CCK infographic on back pain issues, and range of motion (https://cck-law.com/infographic/va-ratings-for-back-pain-infographic/) it has me swimming on how to interpret my own physical therapist's observations. 

I have service-connected underlying conditions and according to the SOC I just received, they're relying on range of motion from years ago (which. according to them, has me at 10%).

The physical therapist has notes sprinkled throughout the files. To me it looks like 20% at least. Anyone have an opinion otherwise? I'm about to file supplemental claims in about 30 days.

 

Edited January 21, 2022 by Rivet62
Deleted uploads to save space on server

[Carl the Engineer]

6 hours ago, Rivet62 said:

What went wrong?  You were anticipating one thing and VA had you at another? What happened?

Well, when you file for a increase, you get the date of the new evidence, unless it is longer than 1 year, then you get the date of the C&P exam.  And I waited 14 months trying to figure out what I wanted to do.

So, if you go to the doc/thearopist, and you get the exam record back, and it say you have something new ailing you, and you think it could be secondary to a service connected condition, file for it right away.

Anyway,

I went to the doc for lower back pain, which I was already rated at 20%, after I had a couple days of immobility (pain) more than usual.  She sent me to physical theropy.  After about 6 sessions, they had stretched me a couple different ways and had releived what ever was happening.  When I got the notes for the sessions, the theropist wrote I had this, that and the other.  

So, after a year of fiddling, this was already rated, so I file for an increase for this, that was new, so I filed that secondary to this, and the other was too new for the VA to understand.  The VA defferred this, changed the name of that and deferred it, and denied the other. My rating stayed at 90 and I thought it was over.  But, in the end, the VA increased this to 40% and changed that into bilateral 10's.  It looked like the other was rolled up into the overall rating as well.

But, I waited over a year spinning my wheels and it cost me a year,

Hamslice

Tic-toc

   

[Rivet62]

2 hours ago, Hamslice said:

I went to the doc for lower back pain, which I was already rated at 20%, after I had a couple days of immobility (pain) more than usual.  She sent me to physical theropy.  After about 6 sessions, they had stretched me a couple different ways and had releived what ever was happening.  When I got the notes for the sessions, the theropist wrote I had this, that and the other.  

So, after a year of fiddling, this was already rated, so I file for an increase for this, that was new, so I filed that secondary to this, and the other was too new for the VA to understand.  The VA defferred this, changed the name of that and deferred it, and denied the other. My rating stayed at 90 and I thought it was over.  But, in the end, the VA increased this to 40% and changed that into bilateral 10's.  It looked like the other was rolled up into the overall rating as well.

But, I waited over a year spinning my wheels and it cost me a year,

I better pay real close attention to what you're saying here, and I might be asking you again. I think I had that C&P exam back in 2017?? Boy...

Nope. Here it is.

C&P exam dated 3/26/2018 for the following conditions:

• Disc Degenerative Disease
• Scoliosis
• Compressed Nerve L2,L4,L5
• Right hip condition w higher hip/rotated

 

Edited January 20, 2022 by Rivet62
added my C&P date for back and hip issue detailed

[Carl the Engineer]

12 minutes ago, Vync said:

I also requested SC for secondary issues and was granted for GERD (from years of NSAID use) and bilateral radiculopathy on both arms and legs.

Vync,

I put NSAID use in my denied GERD claim.  I haven't got my c-file yet, so not sure why.  My exam was referred and then sent out to some doc in California for the denial.  

Where you successful?

Thanks,

Hamslice

 

[Rivet62]

I'm deleting the PT visit PDFs, to save storage space on the server. My questions have been answered. Thanks.

[Vync]

@Rivet62 Bone broth and starch avoidance sounds promising. I have been dealing with the chronic pain for so long that I'm open to trying new approaches. Right now I drive across town to visit a chiropractor in Irondale, get regular massages (not paid for by the VA), get pain block injections a couple of times a year, and our house has a jetted tub and a shower with a bench for days when I cannot access the tub. Beyond that, the Alpha stim and tens devices the VA gave me are very helpful. I don't think they are as effective as norco, but I save that for the worst times because I also want to be able to go to the bathroom normally.

[Vync]

@Hamslice When I filed for GERD secondary to NSAIDs, they checked a few things. First was simply a visit to the lab to get blood drawn to determine if I had a heliobacter pylori infection. That was negative so then I had the pleasure of drinking chalk for the upper GI which showed reflux. They looked at my medical history showing I was given regular NSAIDs from 1991 to 1995 while in the Army and from 1995 to like 2010 or so by the VA. The doc granted it on benefit of the doubt because GERD is a known side effect of long-term NSAID use. After the heart attack, the cardiologists cut out NSAIDS. My non-VA doc opined that they raise the risk of heart attack. Now I only get norflex injections a couple of times a year. Unfortunately, the damage was done to my esophagus and I still get GERD a lot, but the meds make it manageable to a degree and have their own side effects. I initially got the typical 10% low ball rating, but when I reviewed my evidence over the duration and compared it to the rating criteria for hiatal hernia and IBS, they totally overlooked many symptoms. I filed a reconsideration back then and they actually granted 30% just a couple of months later.
  It took forever to get my c-file years ago and even back in 2019, but keep in mind that most of what I had to do was well before covid.