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

[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

[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

[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