Chronic Pain

[30percentermovingup]

Hello, my question is does VA have a specific disability for pain? I just finished a VA disability for ankles, knees and hips. I got it but there was no mention of pain or a disability rating for it. I know people who get disability for pain but apparently that is not a clear and easy way to apply for it from what I am seeing on search.

Can anyone guide me on this?

Thank you.

[ShrekTheTank]

Veterans (VA) Disability Benefits for Chronic Pain | CCK Law (cck-law.com)

VA Depression Secondary to Chronic Pain Rating: What You Need to Know (vaclaimsinsider.com)

Here are a couple of articles on how the VA rates chronic pain.

https://www.va.gov/vetapp10/files1/1003690.txt

Here is a rating given to a vet for chronic pain

[30percentermovingup]

7 minutes ago, shrekthetank1 said:

Veterans (VA) Disability Benefits for Chronic Pain | CCK Law (cck-law.com)

VA Depression Secondary to Chronic Pain Rating: What You Need to Know (vaclaimsinsider.com)

Here are a couple of articles on how the VA rates chronic pain.

https://www.va.gov/vetapp10/files1/1003690.txt

Here is a rating given to a vet for chronic pain

Yes I read those, I was just wondering if they had a specific disablity for pain, so I guess the answer is chronic pain due to my disability then. Okay the CandP I told him I had pain, I expected to get pain. So I guess I need to file a nod and appeal it for pain. Thank you Shrek

Edited January 31, 2023 by 30percentermovingup

[ShrekTheTank]

The issue is with chronic pain, they normally will put it with whatever the disability is.  Now if you have pain they can't just lump with something else then I think this is where it will come into play.

As far as I know there is no just raiting for pain.  Like the one article said if it is lumped with depression, then then they rate it based on how bad it affects your ability to do things.  

For example I have one of the top 10 most painful diseases in the world.  I get 60% for the issues it causes me.  I would think it would be 100% but it is not.  I have fought them for 10 years and it does not look to be changed.  I also have Fibro which the VA uses as a catch all.  They also have chronic fatigue syndrome.  They will use these to cover the pain part from what I can see.  

As the citation shows it is possible to get chronic pain, but you will start to run into the issue of pyramiding.  If the VA is already rating you for pain from something else and not just pain, they will not just give a seperate rating.  

My example is for my dercums disease I also had scaring with pain.  They removed my 30% from scaring and moved it to my disease and gave me a lump 60%.  IMO i should have both, but they determined that I am overlaping and only could receive the higher of the two.  

Just be aware of this if you are fighting for a higher rating as they can say oh you have headaches and we rated you 30% because of that and 20% for your knee both had pain so you can't get pain ontop of that.

[30percentermovingup]

5 minutes ago, shrekthetank1 said:

The issue is with chronic pain, they normally will put it with whatever the disability is.  Now if you have pain they can't just lump with something else then I think this is where it will come into play.

As far as I know there is no just raiting for pain.  Like the one article said if it is lumped with depression, then then they rate it based on how bad it affects your ability to do things.  

For example I have one of the top 10 most painful diseases in the world.  I get 60% for the issues it causes me.  I would think it would be 100% but it is not.  I have fought them for 10 years and it does not look to be changed.  I also have Fibro which the VA uses as a catch all.  They also have chronic fatigue syndrome.  They will use these to cover the pain part from what I can see.  

As the citation shows it is possible to get chronic pain, but you will start to run into the issue of pyramiding.  If the VA is already rating you for pain from something else and not just pain, they will not just give a seperate rating.  

My example is for my dercums disease I also had scaring with pain.  They removed my 30% from scaring and moved it to my disease and gave me a lump 60%.  IMO i should have both, but they determined that I am overlaping and only could receive the higher of the two.  

Just be aware of this if you are fighting for a higher rating as they can say oh you have headaches and we rated you 30% because of that and 20% for your knee both had pain so you can't get pain ontop of that.

To give you an example below are two of my ratings. I complained of moderate to severe pain. Doctors notes align with this for the last 10 years. I wouldn't think my rating would be so low with moderate to severe pain though. 

 

10%right hip osteoarthritis

Service-connected disability? Yes

Effective date:09/22/2022

20%right knee degenerative arthritis, other than post-traumatic

Service-connected disability? Yes

Effective date:09/22/2022

[ShrekTheTank]

So you are right, that does seem low.

Now I am going to tell you the issues I have had when I go in.  I let the C&P doc go as far as they can and I suck it up.

They are testing you ROM to see how far you can move it.  This is fine, but you need to tell they hey that HURTS!!!  once you feel pain you tell them.  Most of the military people are oh i am going to suck this up and not say anything.  This is not the time for that.

When they ask how bad your pain is you tell them it was an 8 on tuesday and on wednesday and any other time.  You don't go in and say oh right now i am at a 3 because I am not hurting that bad right now.  These are common pitfalls we make.

My advice is to put in a NOD and when you get the new C&P exam you need to be honest about it.  Tell them when it hurt and let them know the pain at the worst time also.  Do not lie, but do not hold back either.

They are trying to see how bad your condition is and if you are not honest then there is no way for them to know.  

You can also try to get your Doc to give you an exam to see how bad it is so it is in your record or you might have that and you need a new C&P exam.  

Worst case you might need an IMO, but it sounds like you got a lowball and you need to fight it.  

 

[30percentermovingup]

10 minutes ago, shrekthetank1 said:

So you are right, that does seem low.

Now I am going to tell you the issues I have had when I go in.  I let the C&P doc go as far as they can and I suck it up.

They are testing you ROM to see how far you can move it.  This is fine, but you need to tell they hey that HURTS!!!  once you feel pain you tell them.  Most of the military people are oh i am going to suck this up and not say anything.  This is not the time for that.

When they ask how bad your pain is you tell them it was an 8 on tuesday and on wednesday and any other time.  You don't go in and say oh right now i am at a 3 because I am not hurting that bad right now.  These are common pitfalls we make.

My advice is to put in a NOD and when you get the new C&P exam you need to be honest about it.  Tell them when it hurt and let them know the pain at the worst time also.  Do not lie, but do not hold back either.

They are trying to see how bad your condition is and if you are not honest then there is no way for them to know.  

You can also try to get your Doc to give you an exam to see how bad it is so it is in your record or you might have that and you need a new C&P exam.  

Worst case you might need an IMO, but it sounds like you got a lowball and you need to fight it.  

 

Trust me when they moved it or I moved it, they heard pain. I just don't think they gave it to me is all. I am 58 but walk like a crippled 90 year old. Thanks for your help.