Will This Mri Report Support Claim?

[k9healer]

I am currently receiving 10% for my back since surgery in 2004 decreased my claim from 40% to 10 % for my back. I told them it was not any better and they finally did MRI 3/8/07. I have received and increase for my rt knee swelling and weakness from 10% to 30%.

Radiology Report reads as follows:

L5/S1 disc dessication and bulge causing bilateral neural foraminal narrowing. There appears to be postoperative changes at this leevl. Primary diagnosis Code: ABNORMALITY

What does this mean?

[Hoppy]

k9healer,

It sounds to me like they compared the presurgical radiology reports to the recent MRI and determined that the spine condition is continuing to degrade. However, the VA rating schedule needs to be reviewed to equate the changes to a specific rating. The VA goes a lot by loss in range of motion and emg studies. Also consider what the rating schedule says about any loss of strength or use of lower extremities due to nerve slowing.

Edited March 25, 2007 by Hoppy (see edit history)

[Vike17]

k9healer,

The MRI has no bearing on the rating decision regarding your back. The back, in this case IVDS, is rated either due to range of motion (how far you can bend over), or incapacitating episodes (number of days you were prescribed bedrest by a physician over the last twelve months).

Vike 17

[Berta]

"There appears to be postoperative changes at this leevl. Primary diagnosis Code: ABNORMALITY"

post operative changes at this level- that might be VA medical double talk for-they might have buggered the surgery---

I am unaware of any DC-Diagnostic code for Abnormality.

It sounds to me that the results of the operation caused additional disability-(Section 1151 claim)or the additional disability should be secondary-due to unforeseen events-thus- a regular claim for secondary disability.

Are you able to scan the entire MRI narrative (just cover the personal info with a post em) and let us read it?

Edited March 25, 2007 by Berta (see edit history)

[k9healer]

I do not have a scanner but, I can type the whole report for you later this evening. I have to go watch my son mow the lawn right now.

[Vike17]

K9healer,

Was the opertaion in 2004 done in a VA hospital or was it done while you were still on active duty at a DoD facility?

At any rate, I'm willing to bet the post operative "changes" noted at the operated level is either scar tissue and/or initial degerative changes from the surgery, which would not warrant a 1151 claim. I'm pretty sure if VA screwed up an operation like this, you would most certainly know about it by now. By this I mean an additional disability(ies) incurred due to a VA medical mistake would probabaly be in this instance a severed sciatic or other nerve. I'm not saying this would be the only thing that VA could have screwed up on an opertaion like this, but since already going through an operation myself of the L5/S1, this would be one of the most likely senarios. One must also keep in mind that many residuals of a certain operation are part of the territory and do not warrant a 1151 claim. For example, when I had my lower back surgery at Landstuhl Army regional Medical Center, there was a period of about three weeks after the operation that my right foot was numb from the surgeon "cleaning up" the ruptured disc material within the disc space. This scarred the living hell out me because before the operation it was my left leg that had, and still does, have the severe pain. However, this didn't result in a disability due to a medical error. It is something that can happen due to the type of operation that was performed, and normally stuff like this that can happen the surgeon will explain before the proceedure is done and have the patient sign a concent form.

Now if your lower back condition has naturally progressed after the surgery to the point to where you have drop foot or other disabilities, you should certainly file a claim for these disability(ies) as secondary.

Do you see what I mean between the two. There is a big difference. A 1151 claim must be due to an actual medical error that was preformed by VA and resulted in additional disability(ies).

Vike 17

Edited March 25, 2007 by Vike17 (see edit history)

[k9healer]

The surgery was performed at McClellan Va Little Rock and my primary care doctor told me to file a claim for drop foot last year and still waiting that C&P exam. Pai in my hip and back and numbness in toes has been going on again since 6 months after surgery. This is the first MRI since surgery. I had C&P last Novemebr and they said 10% for sciatica. My PCP has complained that neurosurgery would not accept the referral. They finally said only with a new MRI. That was finally done 3/8/07 almost 2 years since she first requested referral. Now she sent me to M.H. and they said I have severe depression from pain and stress as a secondary and told me to file a claim. I didnt know I was depressed just peed off.I dont believe they messed up just did not do all they should have and put me back to working construction too soon.

Edited March 25, 2007 by k9healer (see edit history)

[Berta]

"Pai in my hip and back and numbness in toes has been going on again since 6 months after surgery. This is the first MRI since surgery. I had C&P last Novemebr and" etc

I could see these as problems BEfore the surgery but not after it-

By all means put the depression in your claim, tell them of any pain meds you need and any side affects the meds cause-

and as the MH person said -the depression is a secondary condition.

What have the docs said is the Cause of this pain and numbness?

[k9healer]

The neurosurgeons said it is the bulging disks and sciatica that is causing the problem. I have another appt with neurosurgery on friday 3/30/07. They want to schedule surgery. I cannot afford to have the surgery.

I only receive 40% and if I am out of work I do not know how I can pay the bills. My VSO at the MOPH said I can apply for 100% if the Dr put me out for surgery. What if they deny me?

Im really stressing about this. I do not know what to do. I dont have surgery I live with this pain. I do have surgery and I could loose everything.

[Guest RickB54]

I am currently receiving 10% for my back since surgery in 2004 decreased my claim from 40% to 10 % for my back. I told them it was not any better and they finally did MRI 3/8/07. I have received and increase for my rt knee swelling and weakness from 10% to 30%.

Radiology Report reads as follows:

L5/S1 disc dessication and bulge causing bilateral neural foraminal narrowing. There appears to be postoperative changes at this leevl. Primary diagnosis Code: ABNORMALITY

What does this mean?

It means that you had an operation, and the MRI shows the changes caused by the operation. This would be normal in an abnormal way. In other words it shows just what it should so. The MRI might help support the claim but I doubt it because you were already re rated after the operation. Seems that you will need to keep seeking treatment and if that doesn't help a request for increased disability might be in order.

[spike]

I've sometimes needed to get 2nd or third opinons on MRIS and Xrays from VA...they always seem to screw it up.

[JohnM]

The neurosurgeons said it is the bulging disks and sciatica that is causing the problem. I have another appt with neurosurgery on friday 3/30/07. They want to schedule surgery. I cannot afford to have the surgery.

I only receive 40% and if I am out of work I do not know how I can pay the bills. My VSO at the MOPH said I can apply for 100% if the Dr put me out for surgery. What if they deny me?

Im really stressing about this. I do not know what to do. I dont have surgery I live with this pain. I do have surgery and I could loose everything.

Do not live with the pain, it will eventually make it worse for you. apply for SSD and then apply for the 100%. You do what you have to do, I know it is stressfull. Depending on the type of work you do, you will most likely get SSD if the DR. Says you can no longer lift,pull, push, climb, bend,ext.but it does take the initial 6 months. Have they sent you to the pain clinics to RF the back and if so did that help? With JohnM's back it took them 6 months decide on surgery and then it did not really help, but he can at least walk. The Dr. at the pain clinic RF'ed JohnM's back 4 times and it did nothing for him. He lost his job because he was off work to long and the day before his surgery he recieved a letter of acceptance from SSD. The bills will always be there but your health will not. If having surgery will help you get around then I say to you GO FOR IT but again you need to do what you need to do. I know for JohnM he is able to get around not as fast as it was years ago but for now he can at least walk. At this time another surgery will not help him and he knows eventually he will be in a wheel chair so for now he is happy to be able to get around the pain is still there and there is times he can not get out of bed or walking to much will also cause an increase of pain.

I wish you all the luck in your desicion. I am sure my responds did not help you in deciding "living with Pain is stressfull" and "stess is not good for your health especially the heart"

JohnM's Wife