90-100%

[VeteranNadine]

I have been rated 20% for my back. I have a lot of notes and evidence that show (to me) that it should be higher. If that 20% got raised to 40% I would get an overall rating of 100%. My question is the guidlines for back disability. One of the criteria is for time of incapacitating episodes. I have notes from my V.A. Dr., my FMLA forms and attendance records which include reason for missed work. Will the V.A. ever use the critera of incapacitating episodes since it is listed as a critera? Thanks. 

[Chuck Haven]

Issues with the spine - cervical or lumbar (back) is one of the disabilities where the VA makes the most mistakes in rating decisions.  See attached report from the VA OIG for some excellent detail on how secondary conditions (e.g. radiculopathy) or often missed during VA C&P exams .... and because these conditions are missed, vets are being underpaid.  

I'd do some homework ... you may have a winnable CUE claim if the VA failed to rate your condition properly.

VAOIG-18-05663-189 spine eval.pdf