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Two Lumbar Fusions With Possibilty Of A 3Rd One.


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#1 LIL-ROB

 
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Posted 08 July 2012 - 10:24 AM

Had the first surgery in 03 then the second 1 in 2011 can anyone tell me whats the rating change or does it.I'm only rated at 20% for the first 1 which i have been fighting for awhile.

#2 jvretiredvet

 
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Posted 08 July 2012 - 01:08 PM

The number of surgeries in and of itself has no direct bearing on the final evaluation. Rather, physical findings such as range of motion after the surgery and healing process have taken place are what's important.

The criteria for rating spinal condition are at 38 CFR 4.71a http://www.benefits....ART4/S4_71a.DOC . The diagnostic codes for spinal conditions are 5234 through 5243. It is important to read the verbiage both before and after the DC listing for other important information.

Another issue which you have not mentioned is a temporary 100% for convalescence (if the period of convalescence is over one month). Unlike some DCs, there is no set or mandatory period of convalescence. Generally, the surgeon has to direct or recommend a certain period.

Had the first surgery in 03 then the second 1 in 2011 can anyone tell me whats the rating change or does it.I'm only rated at 20% for the first 1 which i have been fighting for awhile.



#3 yosh1234

 
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Posted 22 July 2012 - 10:41 PM

Had the first surgery in 03 then the second 1 in 2011 can anyone tell me whats the rating change or does it.I'm only rated at 20% for the first 1 which i have been fighting for awhile.


Not sure of your Range of Motions but if you know them or can get them myself or someone else on this board will be glad to tell you if you are rated correctly. I am 40%; my back is all kinds of messed up. However, I was rated at 20%; then, appealed requesting an increase. I was granted an additional 20% due to ROM's which came out to be 50% with my tinnitus. Do I feel like I am rated fairly? Yes. I am also in school under VR&E. Check into that as well, you meet the minimum requirements to at least attempt to apply for VR&E. Much better than P-911 if you are interested in attending school or perhaps retraining for another job.

As for your rating, I think a lot of it has to do with the state you live in. I live in NC and it is a veteran friendly state for obvious reasons. The biggest question I have for you is, Do you have any type of representation-VSO, State Veteran Organization, County Organization, etc? If NOT I HIGHLY recommend you get some entity in your corner.

Ok missed that one. If this is 2003, I am SURE you have somebody helping you. 20% sounds low but without ROM's and case specifics, it's hard to say. Need more detail.

Edited by yosh1234, 22 July 2012 - 10:44 PM.