Posted on Jul 20, 2016
Should I pursue reopening my disability case?
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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.
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.
VA Claim
Disabled Veterans
Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 19
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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.
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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.
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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.
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.
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