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Chronic Lower Back Pain


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#1 ddj6969

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Posted 23 August 2011 - 02:50 PM

I am currently rated at 40% for conditions related to chronic prostatitis. As a secondary condition I have chronic lower back pain. I have been looking through the ECFR and need help where to go before I apply. I have a IMO in my favor. It seems that all back conditions are rated on range of motion? Is there anything that is just based on the amount of pain a person has. My motion is limited but the pain is intense.

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#2 brokensoldier244th

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Posted 23 August 2011 - 03:11 PM

There is a court case called the "Deluca" case that empowers VA C&P personnel to regard pain during repetitive motion as part of their examination, but nothing that addresses physical pain. Chronic pain can also be ruled as a mental health issue, but not both as a physical and mental issues.

CAS

#3 ddj6969

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Posted 23 August 2011 - 04:24 PM

Read a little bit more into the injuries of the spine and found this at 20%

-guarding severe enough to result in an abnormal gait....-

I have to hunch over when I walk as the pain is so bad.

Thanks

#4 Hoppy

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Posted 24 August 2011 - 08:45 PM

Can you work with this condition?

Does the VA have the "acute" form of the disease on the rating schedule?

Do the doctors believe the current level of symptoms will resolve for any reason?

#5 USNDW

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Posted 25 August 2011 - 09:40 PM

Although the April 2006 VA x-ray demonstrated findings ofarthritis, this x-ray did not demonstrate arthritis involvement of 2 or moremajor joints to warrant a separate evaluation under Diagnostic Code 5003.However, the July 5, 2007, VA examination noted flexion from zero to 120 degreeswith pain from 30 to 96 degrees. In other words, factoring in pain, the Veteranhad flexion limited to 30 degrees. See Hicks v. Brown, 8 Vet. App. 417, 421(1995) (noting that under 38 C.F.R. 4.59, painful motion is consideredlimited motion even though range of motion is possible beyond the point whenpain sets in). In other words, beginning July 5, 2007, a separate 20 percentdisability rating is warranted under Diagnostic Code 5260

The VA is supposed to rate for pain even if you have full range of motion.




#6 ddj6969

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Posted 27 August 2011 - 01:54 PM

Yes I can work although it does hurt.

The only one I saw for pain was this under 4.71a

...or localized tenderness not resulting in abnormal gait or abnormal spinal contour;...

My doctor has said this will not improve but will probably not get worse either.





#7 Hoppy

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Posted 27 August 2011 - 06:12 PM

I searched the BVA looking for cases similar to yours. I found thirty claims for conditions secondary to chronic prostatitis. However, none of them included lower back symptoms. I rely heavily on reading BVA decisions. I can tell you we had a retired DRO who used to post on hadit who stated that in his entire career he never used an IMO to make an award. He said they did not comply with VA standards. Make sure you followed the instructions for obtaining an IMO listed here on hadit.

Your claim will depend heavily on the IMO. I did find a reference the BVA used implying they had access to identfying the types of conditions caused by chronic prostatitis. However, I could not find what they use as a reference.

#8 O4life

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Posted 05 February 2013 - 11:02 PM



 

I was diagnosed with chronic lower back muscle spasms in the
service. I had my first attack in Dec and I was under medical attention to Feb.  I was given a job behind a desk with 24 hours
on 24 hours off. No PT during these 6 months of work. Then I had another attack
while doing basketball for PT. I was down for another 2 months. My SMR has
chronic written in 5 or 6 different places by 4 different navy doctors. Yet VA
says it’s acute. Even though I seeked help from the VA, and never got medical
attention. No x-ray ever done on my back by the military. I had an MRI done
before the VA did an x-ray.  MRI showed L4
L5 annual bulge, L5 S1 Herniated disk, and arthritis in lower back. VA x-ray
shows arthritis L4 L5. I gave up all kinds of activities because of my back. I
also have OA in both knees, right leg has nerve damage, right foot falls
asleep, anemia, Sleeps 0-2 hours a day and my eye sight went bad. Why did the VA
use x-rays on my back? Wasn’t they supposed to help me find the issues .



 



#9 carlie

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Posted 06 February 2013 - 08:51 AM



 

I was diagnosed with chronic lower back muscle spasms in the
service. I had my first attack in Dec and I was under medical attention to Feb.  I was given a job behind a desk with 24 hours
on 24 hours off. No PT during these 6 months of work. Then I had another attack
while doing basketball for PT. I was down for another 2 months. My SMR has
chronic written in 5 or 6 different places by 4 different navy doctors. Yet VA
says it’s acute. Even though I seeked help from the VA, and never got medical
attention. No x-ray ever done on my back by the military. I had an MRI done
before the VA did an x-ray.  MRI showed L4
L5 annual bulge, L5 S1 Herniated disk, and arthritis in lower back. VA x-ray
shows arthritis L4 L5. I gave up all kinds of activities because of my back. I
also have OA in both knees, right leg has nerve damage, right foot falls
asleep, anemia, Sleeps 0-2 hours a day and my eye sight went bad. Why did the VA
use x-rays on my back? Wasn’t they supposed to help me find the issues .



 

 

 

Please pick a forum and re-post this as a new topic.

Thanks






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