So helpful!!! I've paid for a company to help me file my claim, but I regret it. I've learned so much more watching your videos than what they've provided. Thank you!!!!
I’m still having g constant pain when ever I do any chores or even trying to tie my shoe laces it hurts my back also trying to brush my teeth the pain is on my lower back and mid back and upper back
@@johnandstephanie377 the knowledge I received from this video enabled me to increase my back rating from 20 to 40 it all I’m saying. You’re right, I could’ve worded that better.
@@AJMac1 My bad, I could have worded it better as well. I'm on my second attempt to service connect back after first denial. Had to file supplemental and continue treatment at the VA
Hi. Thanks so much for the video. I've been out over 20 years. Recently did an MRI and saw the pain management doc said I have a history of lumbar & cervical radiculopathy (but not sure if that qualifies as an official diagnosis). The doc ordered epidural shots for me beginning next month .. I was looking at the DBQ for back and neck because I plan on going to a civilian orthopedic doctor and have him fill out. It seems so technical to me that I'm not sure the doc will feel comfortable filling it out. Did you have the DBQ filled out by a civilian doc or is that mainly for the C & p examiner? Thanks.
I hear the goniometer is required a lot in these exams. But I have had multiple C&P exams, for my knees, my back, my elbows and it was NEVER used. I mean NEVER!! How can you do a proper exam if you don't use a tool that is required? Can that ever be questioned? Especially after finding out it is a required tool?
If a goniometer is not used and you are dissatisfied with your rating and you are within your appeal period, you can file supplemental claim reporting the exam as inadequate. VA will likely order a new exam. If you are outside of your appeal period, you’ll have to file a new increase claim. At your exam challenge the examiner if a goniometer is not used.
Excellent, on the goniometer, I am in pain without even starting to bend forward. Would that be considered over selling that, even though I am in pain 24/7 without bending? Depends on the day and time as to how much pain.
This response is not intended to be legal advice. I am not a lawyer or a claim's agent. Per my personal knowledge, painful motion (regardless of at what point the pain starts) is always worth 10%; however, painful motion is only awarded a rating if a ROM rating is not granted. In other words, you can’t get separate ratings for both limited ROM and painful motion.
I get that ROM is important at the exam for the rater. However, I've worked really hard to ensure I stay flexible because I was fused at 60. What is your opinion on how my examiner would conduct the eval when I've had a cervical fusion C3-C7 and another T10-Pelvis fusion? My "compensating" gait from my service connected knee injury from 1999 has played a huge part since 1999 when I was medically discharged.
ROM is the only way neck and back claims are compensated in most cases. Only veterans with ankylosis or Intervertebral Disc Syndrome are rated differently. Watch my knee video to learn about knee claims. Don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
I’m confused on the arthritis claim, if I have arthritis in multiple joint, back, neck, knees ankles, will that be a separate rating from pain, or range of motion of the back.
Claims for back, neck, knees and ankles are separate and distinct claims unrelated from a rating perspective. Having the most claimed type of arthritis (osteoarthritis) in all these joints means nothing from a rating perspective. All joints are rated separately per ROM, then possibly arthritis, and finally painful motion: the assigned rating would be the highest rating of the rating types which is typically ROM. Arthritis would never even be a consideration for a rating unless ROM was only 10%. A 20% ROM rating cancels out the possibility of an arthritis rating. The highest arthritis can be a 20%. Watch my arthritis video for a full explanation of arthritis ratings.
Most treating professionals won’t help as they do not want to be involved in legal issues and claims are litigation. Most veterans turn to the veteran services industry. Check out my last video about nexus providers as it at least provides a list of nexus/DBQ providers. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
How is it possible for Veterans to obtain "Nexus" letters when the VA doctors refuse to write Nexus letters. I believe, my military service occupation (MOS) duties should be a substitute to over come the requirements in needing Nexus letters!
Most veterans use a paid nexus service. Service connecting a disability requires three elements; (1) a current diagnosis, (2) an event in service, and (3) a medical nexus (link) between the event in service and the current diagnosis. The nexus is typically provided at the C&P exam if the other elements are present. From the VA’s perspective, stress either physical or mental in itself is not an event unless there are complaints in service medical records noting problems. A statement can establish an event; however, it may be offset by other evidence. If you have questions or need any specific advice, just fill out the contact form at vamadness.com.
In 1975 I suffered a T.B.I. Along with Lumbar Spine. In 1980 I was placed on the P.D.R.L. at 30% where I remained until 2015 when I finally was changed to 100% P&T. Do I have a case for back pay?
An earlier effective date is dependent on the exact situation. My effective dates video explains the possibilities ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-2xDZT7qdNys.html. If you need any specific advice, fill out the contact form at vamadness.com.
I have tibial nerve paralysis of my left leg with weakness and foot drop from shrapnel wounds in war which accord in 2009. I experience back and neck pains frequently due to balance issues and nerve pain. I was diagnosed once before I left service in 2012 for low back pain and a few months after separation in a local VA but for many years I did not get treatments until the last last year. Would I be able to get service connection without a nexus or is a nexus needed in my case?
Nexus opinions are really only needed when medical science doesn’t support service connection. Generally, Service connecting a disability requires three elements; (1) a current diagnosis, (2) an event in service, and (3) a medical nexus (link) between the event in service and the current diagnosis. The nexus is typically provided at the C&P exam if the other elements are present. It does not appear you need a private nexus opinion. The back complaint in in service is your event. Hopefully you have a current diagnosis; if you do, then you can win this claim. Follow my advice offered in all three of my spine videos to give the claim the best chance of winning. If you have questions or need any specific advice, just fill out the contact form at vamadness.com. Don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
I hurt my back in the Army went to sick call was given pain medicine and told by the military doctors to use a bed board should this document information help to with a lower back pain claim.I also seen a doctor about my back after service.and given several treatments along with accumpture along with pain meds.
Ensure you watch all three spine videos to be fully informed on back claims. All claims require an event in service, so your report in service fulfills this requirement. You also need a current diagnosis. If you need any specific advice, fill out the contact form at vamadness.com.
Please help.I am service connected for Lumbar strain with sciatica and also cervical strain. I have been living with thiese conditions well over 20 years. I noticed on my c&p that the doctor noted abnormal gait due to cervical and lumbar, also noticed my hips get sore for no apparent reason. Have you ever heard of the va granting hip conditions secondary to Back injuries?
Veterans do file this type of claim. The back and hip are connected so it stands to reason that one can affect the other. If you have a diagnosis for the hips, file a claim for hip secondary to the back. The outcome will depend on the VA examiner medical opinion. Some win others are denied. You can only try.
If the claims is just for arthritis, then the schedule says "x-ray." I have never heard of the VA denying an arthritis pain rating because there was only MRI evidence. In any event, ROM is considered before pain. X-ray evidence is only relevant when ROM is good; thus, pain is considered for the minimum rating.
I was rated 10% on my LBP, then I went back and I got 10 more. Last November, I had a relapsed while I was cutting my toe nails and I was in pain for the whole week until I had lumbar decompression. My MRI shows I have degenerative lumbar disease and two bulging disc. My question is this, can I file to get an upgrade for my lower back.
You can ask for an increase at any time. Part 3 of my spine series says everything you need to know about back increases, so watch the video. If you need any specific advice, fill out the contact form at vamadness.com.
Go to the RO and get a copy of the exam results. If the results are good there is no problem. If the results are not good, ask for a hearing at the RO to inform them that a new exam is needed due to the examiner not following the VA regulation requiring the use of the measuring tool. If you have questions or need any specific advice, just fill out the contact form at vamadness.com.
If you’ve been active duty your whole time in service, not guard or reserves, you don’t need to show an event. All diagnosed disabilities are considered service related. The key is you need a diagnosis; if they can’t find anything wrong, you don’t have a claim. If you want to help build a better VA, don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
@VAMADNESS I did 11 yes Active Marines. Then out for 8. Back in the Army Reserve in 2009. Active Duty off amd on for 10 years with them. In 2019 I went Active Duty for the Reserve and it was that year I was diagnosed. It has been a problem thar keeps getting worse over the past 5 years.
@@usmcwag There is often a problem in cases like yours where there are gaps in service. You can’t really say you were having problems when you left the Marines as you served in the army reserves years later and you likely were accepted without any problems noted on the entry physical exam; thus, to establish an event related to a disability you need to have evidence related to your more recent service. Typically, an LOD is required; but witness statements from people you served with may do. If you are currently active reserves, you may not have a problem. It’s hard to say. All you can do is inform the BDD examiner of your condition history and hope for the best.
We talk about both cervical and lumbar forward flexion as the main way backs/necks are rated. The forward flexion movement is the only way to get ratings above 20%. All other movements, including extension, are not individually ratable. Extension is part of the total ROM measurement used for ratings 20% and 10%.
If any part of your spine was injured in service and you have current problems related to that injury, then you have a claim. If you need any specific advice, fill out the contact form at vamadness.com.
Howdy, I'm a veteran that hurt his back coming off of mess duty. I returned to my unit after a month on mess duty. Started physical training with my unit. After stretching we went on a run, during my run I heard a pop, a few seconds later I felt heat from the bottom of my feet, to the base of my skull. My while left side went numb. Went to medical, I tried to tell the core man about it. He insisted that it was muscle spasms. Shortly afterwards I begin to gain weight, then I got a page 11 entry. I tried to file a primary claim and it was denied. A few years later I tried to file a secondary claim and was told that I never served in the armed services. November of 2023 I filed a claim after I had an MRI. I have 2 bulging disc.
Generally, Service connecting a disability requires three elements; (1) a current diagnosis, (2) an event in service, and (3) a medical nexus (link) between the event in service and the current diagnosis. The nexus is typically provided at the C&P exam if the other elements are present. As long as the issue started in service, symptoms continued after service, and you have a current diagnosis, the claim will likely eventually be approved. This is why a detailed statement is so important as it can explain the events in service as well problems that continued after service. Good statements win cases and ensure proper ratings. Statement examples are available at vamadness.com. Don’t forget to check out my book: www.amazon.com/dp/B0CPTNRMD8.
I filed for Lunbar strain but was denied due to not having a nexus . But in the years of being seen for my back va has said I have right sided radiciathrapy along with degenerative disk and bulging disk and a pinch nerve and alll of this is seen on multiple mri test I’m in the process of getting a nexus from my chiropractor what else can I do? And what is a secondary cause that I can claim. Example I filed for plantar fasciitis but was denied but in my decision letter I was I have pes planus and ankle antrhitis in my left ankle.
Typically, denials aren’t about what going on now; they’re about how the current condition is related to service. Certainly, back issues can be caused by lower extremity issues; however, VA examiners routinely opine against such claims. Often the denial is not rooted in science. It’s all about the details. The If you need any specific advice, fill out the contact form at vamadness.com.
Spine rating work like this: first limited ROM is considered. If no ROM rating is allowed, then painful motion is considered. Lastly there is the possibility of an arthritis rating. Only a single rating is allowed: the highest of ROM, painful motion, or arthritis; thus, if ROM is rated at 20%, painful motion (worth 10%) and arthritis (max 20%) are irrelevant.
I had c&p exam Aug. 5 ,2022 Vso said results were more likely than not. primary is circumcision, pain residual .secondary is anxiety, sleep apnea, kidney disease, gout, and ED .about how long should I expect a rating decision. thank you
I had my C&P exam on Oct 7th for herniated disc. And received a decision and retro pay from my claim filling date on Oct 13th. 50% club as of right now, with additional open claims for Gout and Depression.
@@1slowass That is great news. Hopefully your other claims go as well. If not, fill out the contact form at vamadness.com and we’ll checkout your situation in detail.
@@1slowass 50% is a good rating; hopefully your other claims will win also; if not, fill out the contact form at vamadness.com and we’ll checkout your situation in detail.
While you are still active duty, all chronic medical conditions are directly related to service. Why you have any particular condition is not relevant; in other words, there are no secondary condition explanations required for claims filed in conjunction with retirement. If you need any specific advice, fill out the contact form at vamadness.com.
I'm not qualified to answer that question; however, a quick google search did not find any obvious relationships. In any event, do some in-depth research to see if there are any reasonable theories.
Watch and pay attention to all three videos in the spine series to learn exactly what you need to do win and get properly rated. If need any specific advice, just fill out the contact form at vamadness.com.
9;06 I just claimed secondary and primary at the same time. But I saw another video that said you have to be service connected before you file a secondary. I felt so defeated. Lol. Let's see what happens
Service connecting a disability requires three elements; (1) a current diagnosis, (2) an event in service, and (3) a medical nexus (link) between the event in service and the current diagnosis. All disabilities including arthritis must have evidence supporting all three elements to get service connected. If need any specific advice, just fill out the contact form at vamadness.com.
Always pursue any valid claims regardless of a current rating. VA can and does reduce 100% P&T ratings, so it’s best to have as many ratings as possible to ensure your rating does not get reduced. Also, special monthly compensation (SMC) may be a factor in the future as you age or have more events.
@@VAMADNESS outstanding point. That’s what I thought, some say don’t poke the bear but im like if I feel I deserve it and it was denied improperly why not. I’m 100 but my back, knees, ed, and chronic fatigue was denied and migraine 0% when I gave them symptoms for 50%.
@@User-tsf49kje3apsi thanks I have to check out the C&P exam dbq to see what these clowns put down because i told them it’s so sever I have to lie down
Yes MRIs can most certainly but a diagnosis is different from a rating the rating schedule specifically says x-ray evidence under the actual rating for arthritis code 5003
I never once heard either person say “Scoliosis”…I have 20% due to Degenerative Arthritis in Lumbar and Thoracic Spine with Scoliosis. Now I’m getting both cervical and lumbar Radiculopathy.
To be awarded service connection for a back and/or neck disability a diagnosed disability is required. Scoliosis is a disability and if service connection is granted, it is rated the same as any other back condition per ROM limitations. Only a diagnosis of ankylosis receives special consideration on the rating schedule. As noted on the video, radiculopathy is considered as part of a back/neck claim. Just file an increase to get it considered. Ensure you file a statement using my increase example statement as a guide. For the upper extremity radiculopathy, you need to be service connected for your neck. If you have questions or need any specific advice, just fill out the contact form at vamadness.com.
@@VAMADNESS Sir, are you saying a Nexus Letter would not necessarily be needed for an already rated back scoliosis condition…if I’m filing for an increase? I have numerous Dr medical evidence of my Radiculopathy in legs and left arm and had an exam from a private Dr…which he put YES on a back DBQ.
@@lumpygrits2895 Claim decisions are two parts: (1) a service connection determination and (2) a rating determination. You are already service connected, so that part is done for good. Once service connected, you never have to justify the condition again. The only question that remains is a proper rating. Since you have lower extremity radiculopathy currently diagnosed, it will be easily added to your rating once you file the increase. Ensure you watch the spine increase video and file a statement using my increase example statement as a guide. If you are not service connected for your neck, you’ll need to file a neck claim to get the upper extremity radiculopathy considered. The neck claim may or may not require an outside the VA nexus, depending on your evidence. If you have questions or need any specific advice, just fill out the contact form at vamadness.com.
@@VAMADNESS Thank you Sir. I am SC rated for chronic neck strain and had a neck exam DBQ completed with Radiculopathy added for left arm. I will watch your video Sir. Great knowledge!!
Don’t let that anger go to waste: use that anger to advocate for yourself and other veterans. We veterans are our own worst enemies as we let the government treat us as they do. Very few veterans choose to actually do something in an attempt to change the VA for the better. Although, I have to admit that my decade long effort to force positive change at the VA has come to nothing; I’ve failed to make even a dent. Who knows maybe other veterans can succeed where I failed. My efforts are chronicled in my book which can be found on Amazon: www.amazon.com/dp/B0CPTNRMD8. My book was my last effort to better the system. I sent a copy to every member on the veteran affair committees in congress.
@@Puertoricanmarriedtofilipina Are you having problems service connecting your back problems? If so, fill out the contact form at vamadness.com and hopefully I can help you sort through your situation.
@@VAMADNESS ill keep you in mind definitely because now I’m at 100 % Individual unemployability with P&T and just in case the VA hospital ever ever try to decrease my rating I’ll be contacting you first
All claims backed with the proper evidence will win service connection and be rated properly: eventually. It may take several tries over years, but that’s the nature of the beast. If you have questions or need any specific advice, just fill out the contact form at vamadness.com.
Anklosing spondylitis can cause favorable or unfavorable ankylosis; however, often it does not lead to ankylosis of the entire cervical spine, entire thoracolumbar spine, or entire spine as the rating schedule requires. If a person has anklosing spondylitis, I suggest going outside the VA for an opinion on the severity of the condition in reference to the rating schedule; keeping in mind the entire cervical spine, entire thoracolumbar spine, or entire spine must be involved and not just segments.
