Should I pursue reopening my disability case?

2016-07-20T21:50:44-04:00

My service-connected disability was first diagnosed in 1987, and in 1989, it was classified by the VA as a "back strain" and rated at a mere 10%. In the 29 years that I have endured this condition, I have exhausted all reasonable, conservative interventions. You name it, I have done it - back brace, TENS unit, warm moist heating pad, lumbosacral support cushion for my car, physical therapy, chiropractic "treatment"; Pain school and pain psychology (cognitive behavioral therapy), MOVE program to lose weight (down 27 lbs in 23 months), and currently a referral to "Yoga for Pain"; various medications- Prednisone dose-packs, steroid nerve blocks, 29 years on NSAIDs-oral and injections (despite documented evidence of adverse cardiac, gastrointestinal, and liver effects from long-term NSAID use), brief treatment with low-dose opiates-hydrocodone and tramadol (believe it or not, this has been reclassified as a synthetic opiate), and very brief round of gabapentin. My pain has become chronic, and the impressions of my X-rays and MRI show STRUCTURAL spinal defects, bulging disks, nerve impingement, degenerative disk disease. HOW can this be classified as a back STRAIN?! Despite these findings, the interpreting individuals have consistently maintained a status quo of, "Major abnormalities; no attention needed." I am not bashing the VA in any way. I have received excellent care at some of their facilities. I just feel like I have been shuffled back and forth, and because I do not raise cane every time I see my doctor, I have fallen through the cracks, in an already overtaxed VA medical system.

The VA's nationwide implementation of the Opioid Safety Initiative (based on the CDC's Opioid Prescribing Guidelines) has created an unfair restriction of medications that could improve the quality of life for many veterans suffering with undermanaged or unmanaged pain. Those who go through an entire treatment regimen, but still ask for pain relieving medications, are judged, labeled, and stigmatized as high-risk, drug-seeking, addicts. I get it, there's a heroin and prescription drug problem in this country and among veterans. Is a complete ban the answer? Is it any wonder why so many resort to illegal/illicit drug use?

Granted, my disability has not left me completely crippled and unable to care for myself, but the chronic pain has negatively impacted my physical and psychosocial well-being, and I do not expect any improvement as I age. Since conservative treatment measures have only marginally helped, not helped at all, or even aggravated my condition; my condition has worsened since initial diagnosis; there is no possibility of improvement; my doctor has deemed my condition does not warrant surgical intervention; and the VA is moving to "wean people off of these medications," should I pursue reopening my case for reevaluation, reclassification, and an increase in my rating?

Any constructive input and advice is welcome.

Response by SFC Randy Purham made Jul 20 at 2016 10:02 PM

2016-07-20T22:02:00-04:00

Yes. Absolutely. My friend was fighting for years from an IED and was awarded 100%.

Response by SSG Roger Ayscue made Jul 20 at 2016 11:27 PM

2016-07-20T23:27:08-04:00

HELL YES!

Response by PVT Robert Gresham made Jul 20 at 2016 11:39 PM

2016-07-20T23:39:51-04:00

You should absolutely pursue a change of your disability rating, as long as you have new evidence to present. A VA doctor is unlikely to help you out on this. You may have to request a civilian physician. If your request is denied you may need to find (and pay for) your own doctor'said visits.

As for your pain medication, it's a problem that we share. You do have the right, however to request a pain management specialist to request a change in medication / treatment.

Lastly, if you have a new CMP exam, I would suggest that you review: http://www.benefits.va.gov/warms/bookc.asp (38 CFR Book C, "Schedule for Rating Disabilities"), to ensure that you meet the criteria for a higher percentage.

Feel free to contact me if you have any other questions. Good Luck !!

38 CFR Book C, Schedule for Rating Disabilities - Web Automated Reference Material System

Response by Capt Daniel Goodman made Jul 21 at 2016 12:23 AM

2016-07-21T00:23:49-04:00

https://vetadvocates.org/

Call the group here, NOVA, very ethical, charge only what VA allows, handle complex claims, though all themvet groups are good, well worth the expense, they helped us, they might be able to help you as well. Try ffor a mbr who's a vetz, though all are highly qualified. Also, they help freq at law school vet clinics, find one nearnyou, where law students handle vet claims under law school faculty as part of their training, another good possibility, though they don't or can't always help all vets however, you might have one near you somewhere, and, nothing to lose by trying, honest. Be eager for anynthoughts, hope was a help, many thanks.

National Organization of Veterans' Advocates (NOVA)

The National Organization of Veterans’ Advocates, Inc. (NOVA) is a not-for-profit educational membership organization incorporated in the District of Columbia

Response by CAPT Kevin B. made Jul 21 at 2016 1:19 AM

2016-07-21T01:19:49-04:00

Squeaky wheel gets the grease. But make sure the qualified health care professional connects the dots from your original service related condition in their report. Additionally, the degree of how much it limits life functioning is important. When you file for the change, VA will likely pitch you out to one of their contracted evaluators. If you get anything along the line of that provider waffling on the connection, a second opinion might be in order. Some things inherently deteriorate with age. Some things go faster because of the injury. Backs going South over time is common. But linking the structural to the original injury as the proximate cause isn't a slam dunk.

BTW my back pain is more controllable now since I saw an actual MD that specializes in pain management. Family Practice, General, etc. types aren't as good. My Doc was a former Olympic rower, so she's treated many trauma driven pain cases. I use a specialized compounded cream on my back. VA/Tricare has decided to drop several of its components from their formulary so I pay around $100 a pop for enough to last 6 months plus. Because it isn't an oral med, the doses are much higher and actually works without pissing off the liver. Basically diclo, nerve inhibitors (both ways), and a strong topical along with a carrier that causes it to be soaked into where it's needed.

Response by Sgt Private RallyPoint Member made Jul 21 at 2016 2:13 AM

2016-07-21T02:13:42-04:00

Absolutely! Best of luck.

Response by SSG Wade L. made Jul 21 at 2016 2:53 AM

2016-07-21T02:53:26-04:00

Go to the American Legion or the VFW, they can help.

Response by SSG Private RallyPoint Member made Jul 21 at 2016 5:19 AM

2016-07-21T05:19:14-04:00

You should consult with a veterans disability lawyer if you're appealing a denial of compensation or you need a discharge upgrade.

Response by AN Anita Feerer made Jul 21 at 2016 8:38 AM

2016-07-21T08:38:04-04:00

Go for it. You sound just like my husband he tore 3 tendons in his ankle in boot camp in 2003 and after 18 months of cam walkers and crutches the Navy finally did surgery to fix the tendons resulting in an instability of his ankle and lower back problems. As of 2010 he couldn't work readily and hasee tried just about everything Tens unit, physical therapy, and etc.. He now has a doctor treating him for fibromaligia. In 2011 the VA increased his back to the max of 50 percent. Now we are refining with secondary issues of depression. Just go to the DAV with lots of documentation proving your case. We have been fighting the VA since 2003 it's a long tiresome battle but worth it because you did your part and served.

Response by Cpl Justin Goolsby made Jul 21 at 2016 10:42 AM

2016-07-21T10:42:50-04:00

Now out of curiosity, was 10% the total or just for the back injury? The reason I ask is because I have a knee issue which causes me almost constant pain. That was rated at 10%, but because knee issues impact the hip, my hip was also rated at 10%. So even though they only rated 1 issue at 10%, that issue caused another issue which raised it another 10%.

So that's why I ask if 10% was for your total body or just for the back area. Because they might have distributed those percentages to other body parts if 1 issue caused other issues. I can't remember specifically what my paperwork said, but I know they did explain how they rate each specific body part percentages. Of course there is also about a 25 year gap between when you were rated and I was rated, so for all I know the VAs paperwork procedures could have changed quite a bit.

Considering you've already been classified and have everything documented and evaluated, I see no harm in trying to get reevaluated. In my paperwork for instance, it says that even in areas that were rated as 0% doesn't mean that there isn't an issue. It just means there isn't an issue yet and further down the line, especially as I get older, that insignificant problem could lead to a bigger problem.

So where's the harm in trying to get better? Living with pain sucks.

Response by TSgt Kenneth Ellis made Jul 21 at 2016 10:45 AM

2016-07-21T10:45:46-04:00

To much to cover. You need to research how percentages are granted. The back goes by how far you can bend over. Not about how painfull it is or how many shots you had. Next talk to someone at the DAV. I tried for a secondary on my back. Told later that it would not go anywere. And I open myself for anothere evaluation.

Response by PO3 Ellsworth Allen Westgate made Jul 21 at 2016 12:32 PM

2016-07-21T12:32:44-04:00

Keep trying have the DAV or VFW help

Response by MCPO Roger Collins made Jul 21 at 2016 1:29 PM

2016-07-21T13:29:47-04:00

You do what you have to do, but don't you have other medical insurance, if this fails?

Response by LCpl Todd Houston made Jul 21 at 2016 11:01 PM

2016-07-21T23:01:52-04:00

Yes, I think you should since you stated that it is worse since your original rating. However I would suggest getting a service rep to help you and file a Fully Developed Claim. Those usually get results much quicker than a traditional claim, 6 to 9 months on average. The difference is a FDC is submitted with all available evidence. In other words, you are not going to send them anything else. If you do, they will make it a traditional claim and put it at the bottom of a 75,000 claim backlog.

Response by 1SG Billye Jackson made Jul 22 at 2016 10:55 AM

2016-07-22T10:55:03-04:00

Here is the Deal ,Paper, go to the last Unit Hospital get Copy of you Med Records. Aske for AllCopys of you Civ. Dr.'s reports. Resubmit and enclose all Medical Records that have anything to do with your Back. Remember most Personnel looking at your reevaluation, reclassification are Low Leval Government Employees and are not going to Dig for this Info, Signe relies for your Med Records for all Dr's you have seen. But still send Copies of your Records, I said Copies because you don't want tp give them your only Copies.

Response by SPC Veronica J Rorrer-Miller made Jul 24 at 2016 8:46 PM

2016-07-24T20:46:12-04:00

COL Mikel Burroughs

Response by PFC Pamala (Hall) Foster made Aug 23 at 2016 6:42 PM

2016-08-23T18:42:24-04:00

Talk to DAV about the possibility of being reevaluated and see what can be done

Response by PO3 Ellsworth Allen Westgate made Aug 25 at 2016 4:50 PM

2016-08-25T16:50:49-04:00

Contact DAV [login to see] ask for TOM GEIH Service Rep he's very good

Response by SrA Jimmy Beam made Aug 29 at 2016 6:54 PM

2016-08-29T18:54:03-04:00

I would nothing to lose