Military Med Board / VA

[AlaskaAires]

Alaska -

Background -
I took a fall during a training exercise wearing full gear, including ruck sack and my weapon, which at the time was a SAW gun. I was taken to the ER and had x-rays done and sent home on quarters for 48 hours. This was in August of 2008. Several times in August and September of 2008 I had to go the ER for severe lower back pain. MRI's were taken and at the end of September I was told that I had a mild pinched nerve in my lower back. Throughout the rest of September and into October I continued visits to the ER and sick call for the pain. I was then sent to NTC in November. Upon my return in early December I was told to go to the ER immediately by my SGT once I returned as my pain and symptoms had gotten much worse. I was then told by a major in the ER that I had 5 bulging discs in my lower back with 2 pinched nerves, which it clearly stated on the MRI's. (The person that previously had stated it was just a pinched nerve was just trying to keep me as deployable status).
After receiving this news, I was then told to schedule an appointment with a neurosurgeon. He confirmed that I did in fact have 4 bulging discs and 2 pinched nerves but that with all the symptoms that I had, he didn't believe that those were my only problems, so he sent me to get 3 more MRI's of my middle back, neck and head. Those MRI's showed that I also had an annular tear in my neck, which was causing severe headaches.
I was told that I should have started my med board process back in January of 2009, as of now, April of 2009, I have started the process but have not gotten past phase 2, as a 2nd neurosurgeon has told me that they would like me to be seen by a neurologists and a pain management specialist.
The neurosurgeon has suggested that I be transfered to the WTU, Warrior Transition Unit, so that it would be easier for me to go to my appointments as I have been on a profile since the incident, with a dead mans profile that started in December. As of my last appt I was told that I am showing signs of degenerative changes as well. (Possible Degenerative Disc Disease)
I have tried several times to look up information online regarding VA benefits and the possible ratings and amounts and possible percentage that my injury would incur, as well as information on being medically retired, also information on severance pay.
Any possible information on this would be helpful as I feel I am at a standstill now with this whole situation.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[IrishLady47]

You're not at a standstill; you don't want a med board until you've been thoroughly evaluated. Are you Army? Go to AKO for links to VA, Army Physical Disability Agency, Retiree Services, etc for information about the disability process, VA benefits, severance pay, etc.

[AlaskaAires]

Yes, I'm Army, and I have searched AKO as well as the military.com websites and the VA website and cannot find anything that I can directly relate to my injury/situation.

[IrishLady47]

Read everything here

[url]https://www.hrc.army.mil/site/Active/TAGD/Pda/ArmyPDES.html[/url]

and then come back and ask a specific question if you do not find the answer.

Since your medical condition is still being evaluated--no one can say exactly what your rating will be. Nor is it possible to say exactly how long your MEB/PEB will take if you are still being treated.

[AlaskaAires]

I have been evaluated. The result is that I have an annular tear in my neck, and a bulging disc with a pinched nerve, as well as three bulging discs in my lower back with two pinched nerves. What will my rating be?

[SHORTY LONG]

Your rating will be determined by your Medical Evaluation from the
Docs/Board!

[IrishLady47]

Originally Posted by AlaskaAires

I have been evaluated. The result is that I have an annular tear in my neck, and a bulging disc with a pinched nerve, as well as three bulging discs in my lower back with two pinched nerves. What will my rating be?

That is your current diagnosis. What is the treatment plan? How long is the treatment plan? Often, a MEB is not done until it is clear that treatment will not improve the condition.

If you are not able to perform your duties due to your profile, a MMRB may be held. This board will either recommend retention, retention w/reclassification or a PEB depending on how your medical condition is impacting performance of your duties.

Some people have bulging disks with little to no pain and are able to perform their work without any problems. Some have extreme pain and have trouble performing daily life tasks.

No one can accurately tell you at this point what % of rating you would or would not get.

[AlaskaAires]

I have now been put into a Warrior Transition Unit, and have been told that I am going to go through a MEB by my chain of command. I have a 3 on the "L" section of my PULHES, and am curious to know what I am going to encounter during my MEB process as well as any help in finding out what type of percentage I will recieve in disability. My spinal specialist has told me that i will never be the same, and will not be able to go back to working in the construction/tile trade that I had been in prior to joining the Army. I will have to completely change my lifestyle, as well as my line of work. Will the Army or VA compensate for this?

[IrishLady47]

Take a copy of your medical records to the local branch of the DAV. They can assist you in preparing a VA claim. Even if the Army medically separates you, no matter the %, you can still file a claim w/VA. VA has comprehensive benefits, especially toward retraining towards an occupation that you can physically fulfill.

Aren't you on an installation? There are many resources to assist you, the WTU can direct you. You'll find out much more from those local resources than you will from an internet board.

[DRTDEVL]

The reason you can't find out what your rating will be is because it is considered a "discretionary" condition.

OOPS... Just looked it up, and 38 CFR 4.71a was updated recently to add disc issues with firm rating numbers (I guess too many "10%ers" passed through from the Army):

Formula for Rating Intervertebral Disc Syndrome
Based on Incapacitating Episodes
With incapacitating episodes having a total duration
of at least 6 weeks during the past 12 months ************** 60%
With incapacitating episodes having a total duration
of at least 4 weeks but less than 6 weeks during
the past 12 months **************************************************************************************************. 40%
With incapacitating episodes having a total duration
of at least 2 weeks but less than 4 weeks during
the past 12 months **************************************************************************************************. 20%
With incapacitating episodes having a total duration
of at least one week but less than 2 weeks during
the past 12 months **************************************************************************************************. 10%

Note (1): For purposes of evaluations under diagnostic
code 5243, an incapacitating episode is a
period of acute signs and symptoms due to
intervertebral disc syndrome that requires bed rest
prescribed by a physician and treatment by a physician.
Note (2): If intervertebral disc syndrome is present in
more than one spinal segment, provided that the
effects in each spinal segment are clearly distinct,
evaluate each segment on the basis of incapacitating
episodes or under the General Rating Formula
for Diseases and Injuries of the Spine, whichever
method results in a higher evaluation for that
segment.


Hope that helps!

[ashleyorr2]

It just sounds like to me you are just trying to be greedy and are a baby. My husband has been waiting on his med board for 7 months now. For a legit reason not because he fell. He got blown up in Iraq. Im sure you still have a while.