I'm at 40 Percent now. Been for 5 years. 5 year eval is next month. Kinda scared. The forward flexion is a bunch of crap. Doesn't tell what u or how your worst day with pain is. Wish me luck!!
Is there hope for other vets that just got out? I can hardly walk and didn't want to take money for something I thought I could fix. Now I'm in terrible pain again. Are they gonna help or not?
I don't get how only being able to bend over at no more than 30 degrees only gets 20%. How am I going to live off of 20% and I have a hard time even putting my pants on or tying my shoes?!
@@BRpunkRock i would need a nexus for that though right ? Also, if my private doctor is sending me through an MRI soon and if they dont find anything on the MRI can that be used against me by the VA?
I've recently submitted myself. I underwent a circumferential instrumented fusion at L5-S1. Does anyone know what that would qualify for and also any pointers/guidance would be greatly appreciated!!
Here is exactly my situation..I am totaling 70% and 30% for depression being the highest..10% for keft knee and 10 % for right knee and 10% for my lumber spine/chronic back pain and 30% for bilateral flat feet..so I put in for increase benefit because all my conditions got worst and I have not worked for almost 2 years now because of my service connected disabilities..but unfortunately my depression got reduced from 50% to 30% making me not qualify for scheduler rating for tdiu...and bilateral flat feet from 10% to 30% two months ago..how can I get to permanent and total .. I already have a pending tdiu claim which I put in after the denial for increase..can you guys please help me appeal that inaccurate reduction and get me the benefits I deserve..I am going through alot right now with no support . . I have been suicidal and still suicidal..this pain is too much so denying me the benefits I deserve is just adding insult to injury. Please help.
(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. this if the current reference: 38 CFR § 4.16 - Total disability ratings for compensation based on unemployability of the individual. So it is possible to get tdiu and not have one disability at 60% or be tared at 70% s/c with one disability rated at40%. I suggest you al reqd the 38cfr
I’m getting scoliosis surgery. Spinal fusion from the lumbar spine to the thoracic spine. I’m only getting a 10% for my lumbar spine, even though I have limited range of motion now. After the surgery shouldn’t my claim go up?
I’m SC at 10% for thoracolumbar spine. 10 years later I have such severe pain in my lower back that my doc ordered an MRI which shows disc herniation at L5-S1 w/ nerve involvement. The pain is so severe and constant that I cannot bend over, and can only lean forward a few inches before screaming out in excruciating pain. I recently filed for an increase and have a c&p exam in a few weeks. Is forward flexion the only measurement they count in the rating? Or might they combine extension, rotation etc?
@@MH-il1lk I was denied for an increase in my back and radiculopathy in both legs because my c&p examiner said that while yes, she believes I have a disc herniation and radiculopathy in both legs, in her professional opinion, a disc herniation is not caused by my strain therefore denied. When they diagnosed me with strain 10 years ago the x-ray was negative. If they would have done an MRI 10 years ago they would have seen the herniated disc then. I have the same symptoms now as I did then but worse. I’ve talked to other veterans who had c&p examiners who added in radiculopathy as a secondary to their strain without the veteran even having to ask. My examiner completely screwed me. She’s a veteran too! I think she had a bias because we are around the same age, and in the same career field. And I believe her job in the military was more physical than mine.
@@michellejd6363 Did you get a lawyer? As you stated, it was her "opinion." All doctors have their opinion. Plus, is she an expert in orthopedic or nerve issues? She is probably just a PA.
@@MH-il1lk I’m going to try to appeal before I go the lawyer route, especially because I’m so close to 100% now and I have a couple other disabilities that might get me there. My examiner was a NP and her specialty is vascular…she diagnosed me with radiculopathy in my legs but said it’s from my disc herniation which was different from my back strain I was diagnosed with. I will be fighting this, I’m super annoyed with her.
My first claim for my back was denied. I have 2 herniated disks now after the first denial so I am applying again with the new medical records. What sucks is the severe pain and spasims come and go. Some days I am 100% and others I am bed ridden.
If your forward flexion and the others, (i.e. extension, rotations, etc.) is less than 30 degrees, does the VA also do that added combined ROM degree thing and screw you out of the 40%. Or is it pretty much that if you are less than 30 degrees in all of them then you are rated the 40% ? I am Cervical 30%, Thoracic 10% and lumbosacral 40%. I don't see a thoracic rating anymore and I am confused trying to find my lumbosacral spine region rating now. Did the VA make changes to the names of their spine regions after I was rated back in 2001because all I see now is cervical and thoracolumbar. I am confused.
Hello, very informative video. if my back was caused by a service-connected back injury and I was later diagnosed with radiculopathy, do I file for both a back pain VA disability claim and a separate nerve damage/condition disability from the radiculopathy in both right and left lower extremities? Or can I include all under a back pain disability claim? Thank you.
VA has a duty to look at all disabilities associated with the back, including radiculopathy. However, the best practice would be to explicitly claim both at the outset so there is no confusion and delay. If you have already claimed only the back and VA failed to consider the radiculopathy, then it might be a matter of appealing to have the radiculopathy considered as part of the back claim. In either situation, please reach out to us at www.winyourvetclaim.com if you need us to take a look more closely.
Hi I am wondering if you request ed to increase the rating by yourself and some how recieved the lower rating after CP exam or the VA requested you for reevaluation and reduce your rate.
@@chopchop508 Thank you for the answer, have you ever requested an increase before getting 40%? I am currently at 10% which I was rated 7 years ago and I just submitted for increasing and did C&P EXAM few days ago. I have been going to VA hospital for many years and doctor just gave me the medicine to take and chiropractic services. However, I feel my back is getting worse especially the movement of the back. Hopefully I could get more increase of my rating.
@@genjustice4766 Nope, 40% was what they rated me on my first C&P exam when I got out of service. If you have degenerative disk disease, they should rate you to 20%. As for the 40%, I think it just comes down to who your examiner was and how elaborate they are when taking your information and sending it in to the main office to be determined. Like how I stated I got out at 40% and now its 20% yet my condition has gotten worse. Another example would be my migraines, I got 0% for it the first time and the condition never got better, I got it reevaluated and had a different examiner and now its rated at 30%. If they try to side line you with the same rating, its best to go for an appeal. I've had friends that did the appeal and got a different examiner that actually listened.
@@chopchop508 Hi I just received 40% increase (it was 10% before) for my back. It was very fast decision within 4 days after C&P Exam. I wonder that how long did you get 40% before you decided to claim an increase and finally you got 20% instead? I heard that without requesting an increase, the VA will do reevaluation very 5 years. I plan not to file any increase for back anymore but may look into for secondary conditions related to my back pain in the future if it is worser. Thank you.
Hi Sir! I Have a question and I would like to know what you recommends me the most. I'm rathing %80. %10 from a lumbar spasm! The pain persists, I'm receiving shots for the pain and pills to calm my lower back pain witch now I'm having problems with my right leg. My Physiatrist did various exams on me including physical therapy , after an MRI was done they found That I have L3-4 minimal bulging disc without identation, L4-5 minimal bluging disc with encroachment upon existing nerve root. L5S1 minimal bulging with very minimal identation on thecal sac. Inspection= posture good, lordosis intact, shift none normal gait. 35 years old male with CLBP (13 years) without radicular signs or neurologic deficits. Prognosis= Chronic Pain Expected. Sir I would like to know if I have any chances after turn in this claim to expect a Higher Rating than the %10 that I have from my lumbar spasm?
Joel Jimenez I totally feel what you're going through. Right now I'm rated 80% overall (110% if you add up the individual disabilities), and my back is only rated at 20%. Get this - I put in to increase my rating for my "lumbar strain" because since they upped me to 20% in 2008 I've had to have 2 discs removed with fusions, had one of the titanium screws break and cause me severe problems, I've been thrown back-first into a heavy wooden door which caused more scar tissue pressing on my nerves, and most of my discs have deteriorated and bulged so they're always pressing on my nerves. After the C&P, these jokers actually said my back showed improvement! So they told me they'd do another C&P within 18 months (naturally waiting until the last second to schedule it), so I have to go to ANOTHER C&P exam tomorrow. I haven't been able to work for 7 years now due to my back, but they're actually trying to say it's improved. How messed up is that?? As much BS as it is, and no matter how much everything affects you, the key to increasing your back rating is to have a very small range of motion. Seriously - how much you can bend. The key is to not give up fighting them and also to focus on secondary conditions like neuropathy in your legs and such. No offense to this attorney, but you should definitely talk to one of the veteran's service groups, like the DAV, for more info because they won't charge you and they're extremely knowledgeable. Good luck to you!
Joel Jimenez ive got same condition, along with spinal stenosis. Good days and bad , im getting surgery soon and it kicks my 10% to 100 while on recovery: get seen soon and reopen lower back claim like im doing now, get xray/ mri copies on disc from patient advocate
Insane that inability to move your spine (most important skeletal structure in body) is only worth 40%. You lose the ability to do 95% of the jobs because of this disability.
Sadly I’m currently living in this very dilemma. Service connected 40% for herniation and 10% for radiculopathy(sciatica) for a total of 46% adjusted to 50% disability. Luckily I am employed but frequently needing time off due to pain and symptoms stemming from this disability.
I just had my C & P for lower back increase claim from 20% to 40%, will VA consider to rate me for 40% if I was on bad pain during the exam? I tried to bend but I barely moved down less than 30 degrees. What do u think?
Alex Chacon I’m sorry that the videos haven’t worked for you but they have for me. I fought them for 9 years and only got 10% but after educating my self with the video’s I’m at 80% 6 months later waiting on results of 5 more exams good luck and never give up because that’s what they want
I'm at 40
Percent now.
Been for
5 years. 5 year eval is next month. Kinda scared. The forward flexion is a bunch of crap.
Doesn't tell what u or how your worst day with pain is. Wish me luck!!
Sean Hunty Watch out for the c&p examiner they lie like dogs
Is there hope for other vets that just got out? I can hardly walk and didn't want to take money for something I thought I could fix. Now I'm in terrible pain again. Are they gonna help or not?
How did it go Sean??
How long have you been out?
Since july
Back pain makes you question if life is worth living lol unfortunately
I can move greater than the range you said, but it just hurts like hell...
Same here I can move it but it hurts.
I don't get how only being able to bend over at no more than 30 degrees only gets 20%. How am I going to live off of 20% and I have a hard time even putting my pants on or tying my shoes?!
@@RowneyPowers File a secondary claim for chronic pain, insomnia and depression etc. related to your service connected disability.
@@BRpunkRock i would need a nexus for that though right ? Also, if my private doctor is sending me through an MRI soon and if they dont find anything on the MRI can that be used against me by the VA?
Don’t listen to this guy. If you have a back injury. Get a MRI that mri will show all kinds of claims to get you to 💯 %
Thank you so much, this helps.
what if you can't even stand up straight??
I've recently submitted myself. I underwent a circumferential instrumented fusion at L5-S1. Does anyone know what that would qualify for and also any pointers/guidance would be greatly appreciated!!
Here is exactly my situation..I am totaling 70% and 30% for depression being the highest..10% for keft knee and 10 % for right knee and 10% for my lumber spine/chronic back pain and 30% for bilateral flat feet..so I put in for increase benefit because all my conditions got worst and I have not worked for almost 2 years now because of my service connected disabilities..but unfortunately my depression got reduced from 50% to 30% making me not qualify for scheduler rating for tdiu...and bilateral flat feet from 10% to 30% two months ago..how can I get to permanent and total .. I already have a pending tdiu claim which I put in after the denial for increase..can you guys please help me appeal that inaccurate reduction and get me the benefits I deserve..I am going through alot right now with no support . . I have been suicidal and still suicidal..this pain is too much so denying me the benefits I deserve is just adding insult to injury. Please help.
(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. this if the current reference: 38 CFR § 4.16 - Total disability ratings for compensation based on unemployability of the individual. So it is possible to get tdiu and not have one disability at 60% or be tared at 70% s/c with one disability rated at40%. I suggest you al reqd the 38cfr
I’m getting scoliosis surgery. Spinal fusion from the lumbar spine to the thoracic spine. I’m only getting a 10% for my lumbar spine, even though I have limited range of motion now. After the surgery shouldn’t my claim go up?
I’m SC at 10% for thoracolumbar spine. 10 years later I have such severe pain in my lower back that my doc ordered an MRI which shows disc herniation at L5-S1 w/ nerve involvement. The pain is so severe and constant that I cannot bend over, and can only lean forward a few inches before screaming out in excruciating pain.
I recently filed for an increase and have a c&p exam in a few weeks. Is forward flexion the only measurement they count in the rating? Or might they combine extension, rotation etc?
Yes! Get an MRI and go see an orthopedic doctor (civilian) who is used to veterans being treated unfair to diagnose your condition.
@@MH-il1lk I was denied for an increase in my back and radiculopathy in both legs because my c&p examiner said that while yes, she believes I have a disc herniation and radiculopathy in both legs, in her professional opinion, a disc herniation is not caused by my strain therefore denied.
When they diagnosed me with strain 10 years ago the x-ray was negative. If they would have done an MRI 10 years ago they would have seen the herniated disc then. I have the same symptoms now as I did then but worse.
I’ve talked to other veterans who had c&p examiners who added in radiculopathy as a secondary to their strain without the veteran even having to ask.
My examiner completely screwed me. She’s a veteran too! I think she had a bias because we are around the same age, and in the same career field. And I believe her job in the military was more physical than mine.
@@michellejd6363 Did you get a lawyer? As you stated, it was her "opinion." All doctors have their opinion. Plus, is she an expert in orthopedic or nerve issues? She is probably just a PA.
@@MH-il1lk I’m going to try to appeal before I go the lawyer route, especially because I’m so close to 100% now and I have a couple other disabilities that might get me there. My examiner was a NP and her specialty is vascular…she diagnosed me with radiculopathy in my legs but said it’s from my disc herniation which was different from my back strain I was diagnosed with.
I will be fighting this, I’m super annoyed with her.
Michelle, thank you for sharing your story.
I had a back injury and am in a lot of pain. What is the actual test like?
My first claim for my back was denied. I have 2 herniated disks now after the first denial so I am applying again with the new medical records. What sucks is the severe pain and spasims come and go. Some days I am 100% and others I am bed ridden.
any luck?
What was the reasoning for the denial? There wasn't a dspute process rather than re-submitting from nothing?
If your forward flexion and the others, (i.e. extension, rotations, etc.) is less than 30 degrees, does the VA also do that added combined ROM degree thing and screw you out of the 40%. Or is it pretty much that if you are less than 30 degrees in all of them then you are rated the 40% ? I am Cervical 30%, Thoracic 10% and lumbosacral 40%. I don't see a thoracic rating anymore and I am confused trying to find my lumbosacral spine region rating now. Did the VA make changes to the names of their spine regions after I was rated back in 2001because all I see now is cervical and thoracolumbar. I am confused.
I have a case pending with the RO that was remanded by the BVA. If you have a case pending, does that stop you from starting a Brand NEW CLAIM ?
no
Hello, very informative video. if my back was caused by a service-connected back injury and I was later diagnosed with radiculopathy, do I file for both a back pain VA disability claim and a separate nerve damage/condition disability from the radiculopathy in both right and left lower extremities? Or can I include all under a back pain disability claim? Thank you.
VA has a duty to look at all disabilities associated with the back, including radiculopathy. However, the best practice would be to explicitly claim both at the outset so there is no confusion and delay. If you have already claimed only the back and VA failed to consider the radiculopathy, then it might be a matter of appealing to have the radiculopathy considered as part of the back claim. In either situation, please reach out to us at www.winyourvetclaim.com if you need us to take a look more closely.
What about peripheral neuropathy, how is a claim made for that?
I got downgraded from 40% to 20% because the c&p examiner said since I can sit, that I am able to bend more than 30 degrees
Hi I am wondering if you request ed to increase the rating by yourself and some how recieved the lower rating after CP exam or the VA requested you for reevaluation and reduce your rate.
@@genjustice4766 i requested the increase. Big mistake. 40% was best for back before running real deep problems.
@@chopchop508 Thank you for the answer, have you ever requested an increase before getting 40%? I am currently at 10% which I was rated 7 years ago and I just submitted for increasing and did C&P EXAM few days ago. I have been going to VA hospital for many years and doctor just gave me the medicine to take and chiropractic services. However, I feel my back is getting worse especially the movement of the back. Hopefully I could get more increase of my rating.
@@genjustice4766 Nope, 40% was what they rated me on my first C&P exam when I got out of service. If you have degenerative disk disease, they should rate you to 20%. As for the 40%, I think it just comes down to who your examiner was and how elaborate they are when taking your information and sending it in to the main office to be determined. Like how I stated I got out at 40% and now its 20% yet my condition has gotten worse. Another example would be my migraines, I got 0% for it the first time and the condition never got better, I got it reevaluated and had a different examiner and now its rated at 30%. If they try to side line you with the same rating, its best to go for an appeal. I've had friends that did the appeal and got a different examiner that actually listened.
@@chopchop508 Hi I just received 40% increase (it was 10% before) for my back. It was very fast decision within 4 days after C&P Exam. I wonder that how long did you get 40% before you decided to claim an increase and finally you got 20% instead? I heard that without requesting an increase, the VA will do reevaluation very 5 years. I plan not to file any increase for back anymore but may look into for secondary conditions related to my back pain in the future if it is worser. Thank you.
Nice video
Hi Sir! I Have a question and I would like to know what you recommends me the most. I'm rathing %80. %10 from a lumbar spasm! The pain persists, I'm receiving shots for the pain and pills to calm my lower back pain witch now I'm having problems with my right leg. My Physiatrist did various exams on me including physical therapy , after an MRI was done they found That I have L3-4 minimal bulging disc without identation, L4-5 minimal bluging disc with encroachment upon existing nerve root. L5S1 minimal bulging with very minimal identation on thecal sac. Inspection= posture good, lordosis intact, shift none normal gait. 35 years old male with CLBP (13 years) without radicular signs or neurologic deficits. Prognosis= Chronic Pain Expected.
Sir I would like to know if I have any chances after turn in this claim to expect a Higher Rating than the %10 that I have from my lumbar spasm?
Joel Jimenez I totally feel what you're going through. Right now I'm rated 80% overall (110% if you add up the individual disabilities), and my back is only rated at 20%. Get this - I put in to increase my rating for my "lumbar strain" because since they upped me to 20% in 2008 I've had to have 2 discs removed with fusions, had one of the titanium screws break and cause me severe problems, I've been thrown back-first into a heavy wooden door which caused more scar tissue pressing on my nerves, and most of my discs have deteriorated and bulged so they're always pressing on my nerves. After the C&P, these jokers actually said my back showed improvement! So they told me they'd do another C&P within 18 months (naturally waiting until the last second to schedule it), so I have to go to ANOTHER C&P exam tomorrow. I haven't been able to work for 7 years now due to my back, but they're actually trying to say it's improved. How messed up is that?? As much BS as it is, and no matter how much everything affects you, the key to increasing your back rating is to have a very small range of motion. Seriously - how much you can bend. The key is to not give up fighting them and also to focus on secondary conditions like neuropathy in your legs and such. No offense to this attorney, but you should definitely talk to one of the veteran's service groups, like the DAV, for more info because they won't charge you and they're extremely knowledgeable. Good luck to you!
Joel Jimenez ive got same condition, along with spinal stenosis. Good days and bad , im getting surgery soon and it kicks my 10% to 100 while on recovery: get seen soon and reopen lower back claim like im doing now, get xray/ mri copies on disc from patient advocate
Insane that inability to move your spine (most important skeletal structure in body) is only worth 40%. You lose the ability to do 95% of the jobs because of this disability.
Sadly I’m currently living in this very dilemma. Service connected 40% for herniation and 10% for radiculopathy(sciatica) for a total of 46% adjusted to 50% disability.
Luckily I am employed but frequently needing time off due to pain and symptoms stemming from this disability.
I just had my C & P for lower back increase claim from 20% to 40%, will VA consider to rate me for 40% if I was on bad pain during the exam? I tried to bend but I barely moved down less than 30 degrees. What do u think?
Why doesn't the VA help any of the soldiers. These stupid videos don't work.
Alex Chacon I’m sorry that the videos haven’t worked for you but they have for me. I fought them for 9 years and only got 10% but after educating my self with the video’s I’m at 80% 6 months later waiting on results of 5 more exams good luck and never give up because that’s what they want
speak for yourself you've got to your part
I disagree twice. Not all videos are the best quality, but if you pay attention, good advice repeats from one to another.
Thing is you've got to help yourself. If you don't advocate for you, who will?