VA Claims for Back Pain and Back Disabilities | Are You Rated Properly?
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- čas přidán 26. 07. 2024
- 0:00 Introduction
0:30 Common back conditions and diagnoses
1:09 Are there military occupations that are more prone to back conditions? What are some common back conditions?
2:16 Paratrooper example of VA claim
3:53 Are there secondary conditions related to back problems?
4:39 How does the VA rate back pain? How does the VA rate back conditions?
6:25 How to prepare for back condition C&P Exam | What to say at C&P exam for back conditions
8:36 Common issues with back pain claims
10:25 Can a veteran get 100% for back pain?
11:10 Can you get unemployability due to back pain?
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Speakers
Natalia Jofre - COO
Anne Linscott - Attorney
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Alot of the problem is that reporting any pain or injury resulted in harassment, bad peer reviews, and possibly no promotion. So, many of us just "sucked it up, and drove on" and I can tell you, I'm paying for it now, but there is nothing in my medical record.
Exactly. Running with 300 pound boats on your head in seal training was not a “This hurts, I’m not going to PT so I can go to medical “. So how do we get this documented now ? And put in a claim???
Absolutely right. My best friend is 20 years in right now and has this suck it up attitude. I’m trying to tell him before he gets out to get everything documented because he’s screwing himself over trying to be mr. Tough guy.
Exactly.
That's right. In basic we were told if we went to sick call we didn't deserve to wear the uniform. I saw how the kid who went early on was ridiculed and ridden by all the drill sergeants for the rest of the time. I was programmed so I didn't go to the hospital, I didn't want to be late reporting for duty. I've been paying for those decisions for the last 19 years.
I agree I'm in the same position.
Glad I saw this. I'm scheduled for a C&P exam for chronic back pain. VA medical sent me to a civilian pain clinic for my back and knee. An MRI showed stenosis, denigrative disc, disc bulging. This is the only MRI done on my back because VA only did x rays. Again, VA is using contracted examiners and they may not be a specialist. Recently had a C&P on my hand, wrist and knee and the examiner was a NP in a primary care clinic. These people are 'trained' by the VA. This particular examiner was a family practitioner.
How did it go for your back? Did you get the rating you were looking for?
I have 5 bulging disc in my lower back. My back has been hurting real bad the last 3yrs. I finally found out thru ! Mri.
Clear and concise information. Thank you.
Wow this is helpful. Three back surgeries, neuropathy, radiculopathy in both legs, foot drop and a whopping 10% VA disability rating not including other issues, and this at least gets me some information to fight it. I'm in pain constantly, even while lying down. It seems like every time I try to fight it they find some way to claim it wasn't service connected even though it is written all over my record.
Thank you ladies, 👏this video is a valuable asset for Veterans.
We are so glad that you found this informative! Thank you for watching!
EA a a a r was a
Thanks for the info
Very helpful information.
5:32 IVDS/IDS. Gonna look in on that one.
As a veteran with a bad back, And being a Paratrooper is just one of the things that put me down.
Lift so much all day, week long we get beat up pretty fast.
Hi Larry, we are sorry to hear that you are struggling and we hope you are able to earn your rightful benefits.
8:36 great question.
See CFR 18, Section C to see exactly how the VA rates different disabilities.
You may want to make sure that those criteria are included in some form.
Actually just look at VA disability but I believe it is under 38CFR, Section C
Of course but everything must align from PCM to specialist, and eventually the C&P exam. There must be congruency for each disorder claimed.I hope this assists. Blessings.
I recently got a lot of bad ratings because i was feeling good the day of the exam. I have learned my lesson tho
If we could stand we all showed up for duty, if the VA rep has the sniffles he/she stays home. They use our strengths against us on a regular basis. It’s sad how we’re treated, even 50 years later (which gives them PLENTY of time to “Lose” our records or just not even thoroughly go through them), just keep fighting and make sure whoever is representing you has YOUR best interests in mind (to many it’s just a paycheck not a cause and if your reps don’t want you to win as much as YOU want you to win, then you’re being underrepresented and you need to take control. Been there, done that and own the shirt;)
I have 20 for ivds 20 for right lower extremity radiculopathy and 20 left lower but feel I should have a much higher rating due to my symptoms.
Great information! Thank you! In regards to back pain and range of motion, what if the pain is consistent even prior to moving? I am able to touch my toes but at the expense of having more pain. Is there a link showing device y’all are talking about to show range of motion?
Google goniometer.
PT & working in the post office on base going to the airport overseas slanging & lifting heavy boxes all day every day 😭
OMGEE THIS is what HAPPENED TO MY BACK IN ITALY😭
I HAVE BEEN IN CHRONIC BACK PAIN SINCE 1979. I HAVE RECEIVED 30% SERVICE CONNECTION. NOW, I HAVE SPINAL STENOSIS, HERNIATED AND BULGING DISKS, AND IN MY NECK, THERE ARE LITERALLY DISKS MISSING, SO THREE VERTABRAE ARE BONE ON BONE. I'VE BEEN DIAGNOSED WITH BIPOLAR DEPRESSION. I HAVE AN ATTORNEY WORKING ON GETTING ME A HIGHER RATING.
I got denied my lower back pain condition. Even while still in the service. I went to Dr often for it while in, the pain has continued for 20 yrs and now I am getting back spasms in the same lower back area. I tried again to get VA claim for it. They denied me stating I got rated at 0% when I ETS'd. No matter what I do I keep getting blocked. I am at 20% for my hands and I have trouble even cooking dinner yet I got denied my request for % increase. The VA will deny anything and everything possible so they do not have to pay.
Keep going to the doctor complaining & getting it documented. I was told if you got zero rating you could get more if it gets worst…. Don’t give up ‼️
Go get an attorney. Will fix this issue
My back pain is from the Marine sit-ups. I have two rods in my back from my military PT.
Didn't they recently outlaw situps for Marine Corps PT?
I have a VA blessed morphine pain pump implant in my lower back to help me "suck it up" and move.....my issue is the CP does not see that and looks only at the minimum movement as acceptable. So I am stuck at 70%....
My back pain is from The Marine Corps PT. The PT is from Marine Corps PT (sit-ups. I have two rods in my back
Been there and Done that and Have been Denied for almost 10 years now. I have 11 Blown Vertebrae all of the way from my neck to my lower back and The Ankles Knees and The Hips and Shoulders. The Question is where do I not Have Pain. When I did the Evaluation I told the So Called Doctor that I have trouble lifting my arms above my head and When I Tried. I Stopped because of the PAIN. Like I said I have been fighting for this for At least 10 years now
Thank you for this educational video. Do you have a video providing advice for soldiers who will be retiring from active duty in a year from now? Thank you in advance.
Hi David, thank you so much for watching. That is a very good suggestion. I will pass it on to our marketing team!
Yeah start going to the doctor & get everything on record that you were afraid to claim in your file.
I was told you could file a year out check with a VSO or research that for sure
If I have a disability rating from the VA for my back and after i got out my back got worse, should I be re-evaluated?
I’ve had chronic foot pain since 1990 ( plantar fasciitis). It’s all documented. We I got out in 1994 the VA rated it at 0%. I let it go. Went in with life and had pain for 30 yrs. I finally got 10% 3 yrs ago. Now my right ankle hurts , right knee, right hip and back. I’ve already had surgery in my right knee got torn meniscus and not sure how I tore it. Took care of it with my own insurance. All the problems I’ve been documented or many yrs. How do I tie all this together?
I just got upgraded to 80%. That does not even take into account my back issues. The VA denied my claims for my back, even after I have had 4 surgeries and a fusion.
Hi William, we are sorry to hear that your back issues were denied. If you would like to appeal, please feel free to give our office a call at 407-537-9000 to see if we may be able to assist. Thank you.
Sounds like you need to hire a lawyer and request your medical records.
The worst mistake that I made while I was in was not going to sick call for most issues.. Now I have back, knee, ankle and all kinds of other issue that are not in my SRB..😤😤😤
Yup that’s the culture to stay deployable & we suffer on the back in because nothing is documented 😭😳
What if you had back surgery before you left the service?
I have been denied increase for back pain been turned down 3 times for increase was told that if I had broken my neck then I was get it right now have 70 % for P T S D Vietnam Vet
I have pack pain,doctor has already examined me/ plus he wants to add pins. Another doctor wants too give me a shot in my right hip, that he feels is part of the the cause in my legs where I have limited movement
I complained of back pain when I left active duty for reserve an. I put a comment on an evaluation medi al sheet saying that my civilian job makes it worse. Is that something that the VA would use against me
How can I get P&T for my back?
I have not yet filed and now at least two disks no longer exist
Is there a specific VA Form we have to fill out for a back disability claim or will a form 21-4138 be alright ?
i when to know how to get my rate change from 10% to more for Hearing .
I've been trying to find out what is wrong with my back and hips for over 25 years. The military and VA never properly tested me and just gave me pain medication and physical therapy. My new civilian doctor ordered x-rays and found severe arthritis and chronic pain in the spine and hips. The VA refuses to complete a DBQ for my C&P exam. It is frustrating getting any help from the VA.
Bring a witness too I had nothing shady happen by having another set of eyes.
How do I submit a claim for back pain
How long would you have to be out of work, to get the TDIU claim?
Get information ladies, thank-you. Is it possible to get my back condition connected secondary to my left knee?
Good question, John - so long as you can show medical evidence that your back has been affected or aggravated by your service-connected left knee issues then it could be something worth looking into.
@@HillAndPonton thank-you.
What if you are employed and it's getting to the point you're missing so much time that you could end up being fired? I'm 20% for spondylolisthesis and 10% for cervical spine DDD.
Late reply... but I was just shocked to get a rating for spondylisthesis 40% and never heard of it. It's almost impossible for me to work 5 consecutive days without grueling pain. I had no idea what spondylisthesis even was. I feel like it would be wise to address it with a VA VSO or lawyer before it progresses. There are definitely options.
I was in a fall on a Navy ship calling out a garbage can with another sailor. I feel down gang way.I have spinal stenosis, Vertible compresion at T12 and L1` I also have bursitis of my hip. I have pain and back spasims
Sore vs pain. When you see the doctor and its just sore. Should you say something? I am sore all the time some days are better than others. I learn to ignore the sore. And dread the days it is actually pain.
I hate being at the doc.. And magically feel better when i go. :-|
My back and leg pain doesn’t affect my range of motion, but I have problems walking
If you an open claim with the VA, please feel free to give us a call at 386-257-2100 to see if we may be able to assist you.
I just had my comment letter send to me on my va, exam they said I have,degenerative dics, narrowing of L4,and S1,also elbow chronic cacific tendinitis, right knee result degenerative changes ,also the left knee as well, right shoulder degenerative changes of ac joint,and the cervical spine a diffuse degenerative changes how will they rate this from the doctor fining report
Are there repercussions if a current police officer with prior service claiming VA disability? ( 6yrs active, 3 guard, military police) Positive for sleep apnea, and actively going to a chiro from past deployments.
What do you mean?
Is it difficult to get a rating for scoliosis that is causing back,hip and knee pain
Hi Mike, each Veteran's situation varies, so we would not be able to advise you on how difficult it may or may not be to get rated for this. However, if a Veteran is struggling, we do feel that it is very important for he or she to try to get their rightful benefits. I have linked a great blog we have on back pain here that we hope you will find helpful www.hillandponton.com/spinal-claims-pt1/
Can you audio record appointment? To validate your statements. I’m currently rated at 40% for Lumbosacral or cervical strain & 20% each lower extremity for radiculopathy. I have been diagnosed for DDD since my increase. Would it benefit me to be re-evaluated?
I am sorry, we are not able to advise you on that in this forum. Do you currently have an open claim? If so, please feel free to give us a call at 386-257-2100 to see if we may be able to assist you. Thank you.
How you get that rated? Did you do a C&P exam
@@Tazzypoo821 I went to my VA PCP and they ordered an MRI on my back. Thats where it was detected.
I was in a military vehicle accident. Applied for my back. Got denied since I didnt continue to go to dr after getting out. On denial letter VA admitted it happened in service. Can I still claim gerd secondary to the motrin i been taking for pain?
Hi Mario, we are sorry that you were in an accident. If your claim is still open, please feel free to give us a call at 407-537-9000 to see if we can help. Thank you!
I have been out of the service since 1989 and i have tried to get compensated before for my back pain I have been denied several times I am really just about ready to give up on ever being compensated for my injury can you help?
Contact Veterans Guardian.
Have 60 percent VA disability, want to file for Back injury, I jumped out of Helicopters, I am Rescueswimmer #4 USCG.
So if I was seen for back pain on active duty, seen for back pain many times over the years but I'm service connected just for knees. Should I just request a C&P exam for my back without a doctor formally saying it's from active duty. Also I was infantry
Hi Shawn, we would recommend that you consult with a Veteran's Service Officer or Veteran's Advocacy Group to determine what your next steps should be so that you get the best information and advice regarding your particular case. Thank you for watching!
What if you have no in-servicedocumentation but have been struggling with back for 30 years after you were separated from service. This is my case and I only recently found out I could have claimed this. I have medical documentation with mri and ct scans showing my issues and a buddy statement from my wife stating the facts of my back issues over the years.
I got a 0% rating for my lower back. I now suffer from sciatica. I don’t know whether if it’s best to file a new claim for my sciatica or file for a secondary condition. Any suggestions?
I would continue seeking treatment and not shut up about it. I would seek assist at my county’s Veteran Service Officer, wounded Warrior officer , VFW. Reason being the VA wants things done a certain way.
The VA denied all my back issues even with documents
i have been out of the army since 1996 but i have arthritis in my hips and bone deterioration. i fractured my hip and broke my tailbone while i was on active duty in germany in 1994. i went on sickcall they sent me to the hospital but they told me they couldn’t do anything about it. so i had to deal with the pain on road marches. doing PT and everyday work. over the last 25 years i have had back surgery but im told nothing can be done about the arthritis in my hips. it effects my sleep and my job. can i still file a claim after all these years
Heck YES!!!!
What can be claim with TDIU. Since it’s a disability.
What if you never documented pain but you start hurting a couple years after you get out?
That's a good question Sean. You may still possibly have a claim even if you never had pain documented during service. It's not the easiest way but it's possible. If you can show evidence of certain actions or incidents that led to that pain and/or perhaps have buddy statements written by people who knew you before service, during, and after service and can speak about the differences with your body, pain management, etc. then that could be helpful.
Can I request for TDIU while I am waiting for the med board to give me a disability rating ?
I've been in diagnosed with a lot of lower back disorders. I've also been denied compensation for 20+ years... I finally start therapy this week for the second time. Should I file again for my back?
ABSOLUTELY!
NEVER STOP FILING!
Are back issues and gastro issues related?
That's a good question, Vo. With how intricate back issues can be, it could be possible there's information out there connecting back and gastro problems as it pertains to a VA claim.
Pars defect L5?
I've been complaining about my back since I got out in 1995. It took 21yrs to get a MRI at the VA to find out my disk is herniated. It took 23yrs to finally get 20% for my knees that obviously made my back go bad. I wasn't able to bend my knees with out falling from Oct '95-July '96. What can I do to fight the denial on my back claim?
Hi Christopher, we are sorry to hear about your back pain. Have you appealed your decision?
They denied me. Told me my pain was from wait. Even though I've been complaining about my back since my 1st visit to the VA in 1996. I didn't get a MRI on it till 2016.
@@christopherspringer7010 Please feel free to give our office a call at 407-537-9000 to see if we may be able to assist. Thank you!
Chris I am so sorry for what happen and what's happing to you. Unfortunately the VA is our enemy. Just looked over my claim again, and I see it says Not Service connected, I don't even have a rating. I looked through my med records and do not have an documentation about my injury. Any suggestions to prove my case?
@Christopher Springer Since you are SC for knees, and since they opined it's due to weight, can link weight to the knee condition as a secondary. Search service connect obesity...I recall seeing articles on that.
Back issues get worse over time. People stop exercising and have to take days off work. It affects mental health as well. The fact that the VA disregards this means that they have very low IQ, or they just don't care.
They don’t care.
They don't want you to get any money or healthcare.
Or u were rated properly and the VA lowers u on ROM. 🤦🏼♂️then comes back n raises u back to where u were to then he proposed to lower u back down after they figured out tbey paid u an allowance after they took away the higher rating 🤦🏼♂️🤷🏼♂️ going through that now
I’m rated 20% for a right ankle and also shown 10% each for carpal tunnel of each wrist and 10% for back spondylosis but those are shown as disabilities under Pension. I believe these should also be rated like my ankle and I should be at 50%. Can you help me with this?
Do you currently have an open claim with the VA? If so, please feel free to give us a call at 386-257-2100 to see if we may be able to help. Thank you!
19K? What was the issue with your ankle? I hurt my ankle as a microfracture due to rucking and airborne jumps, I want to know how I could claim when I ETS
What it be into best interest to mention that I suffer from osteoarthritis and sciatica during my exam ? However, I have yet to get rated for my back injuries.
Or should I just stick with LBP, and then file for sciatica and osteoarthritis secondary to LBP ?
Hola me llamo Juan M Chavarin Tengo Sirujias Fission 2bone spins dorsal 2 discos y 2 Places atras 4y 5 Lumbar tengo despues infecciones de mi cirujias tengo stroke y facial y LA infection me pusieron Catetes end las Vena's de my Corazon y LA infection peor 7 Años tirando infección por muy Boca y Doctores Abogado Estas muy bien y siguio y me Amputaron mis dedos de mis pies infecto el Estómago y tengo feas Constipaciones mis beneficios Nada 2009 soy homeless me ayudan con mis beneficios
I was cleared by my draft board for Service but instead of waiting I enlisted and was denied benefits.
Hi Tony, we are very sorry to hear that. Please feel free to give us a call at 407-537-9000 to see if we may be able to assist. Thank you.
I don't see the connection, draft vs enlistment?
@@SandfordSmythe draft you have no choice. Enlisted means you volunteer to serve and get a choice of what Branch of service.
Everyone one who was drafted at that time went to Vietnam even though I was cleared for service in Vietnam, I was denied benefits because I Enlisted and hurt my back. They said it was a pre-existing condition.
@@tonysoto1592 Pre-existing is pre-existing even though it was not picked on in the initial physical exam. Not everyone that was drafted went to Vietnam, but you had a higher chance since a 2 year obligation meant you were not extensively trained in anything bedsides infantry or combat medic.
(NEVER TRUST A V.A. EXAMINER) They have trick questions.(Clean your house) Denied Unemployability! (Put you socks on) Denied! (Riding Lawn mower) Denied! (Walking a Dog)Denied!
C&P Exams can definitely be tricky to navigate, especially when claiming mental health conditions. The VA is looking to identify "malingering"
Firefighters
Reading these comments makes me wonder if I’ll get 0% rating as well. I really dislike the VA because they are not reasonable at all. The same people that made going to get medical help seem like a sin not stating that their personnel status mattered more, now work at guess where... Not to mention the perverseness from doctors in the VA.
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