Any more options????

hambizzie

PEB Forum Regular Member
I am an E5 in the navy with 4+ years active duty. In June 2007 I suffered 2 herniated discs at L4L5 and L5S1. I underwent a discectomy on both level in December 2008. Subsequently I still have severe pain radiating in both of my lower extremities; primarily in but not limited to my feet. I went through the PEB process and 12 months later I received my initial findings of a DOD rating of 10% diagnostic code 8599-8520 for "LEFT FOOT PAIN" and 0% for "RIGHT FOOT PAIN" under Category I: Unfitting Conditions and an additional 10% for Category III: Conditions that are not separately unfitting and do not contribute to the unfitting condition(s)-lumbago 7242. I disagreed with the diagnostic code 8520 as it refers to the sciatic nerve and is rated on pain which as many know all to well is subjective. Pain scale the VA uses is 10% for mild and 60% for severe pain. So I filed for reconsideration and had my doctor write a letter stating I had severe radicular pain in my lower extremities (doctor was director of orthopedics).

Now, 4 months later, my findings came back with an additional 10%, 10 for both feet. now I am wondering if there is any way to fight this? my main reasoning behind this is due to the fact that I disagree and have disagreed from my initial findings, or rather diagnostic code of 8520 given to me. I have spinal stenosis, narrowing of the lumbar spinal column that produces pressure on the nerve roots resulting in sciatica, the basis for my herniated discs and severe nerve pain. This condition has a diagnostic code of 5238 classified under Thoracolumbar in the Musculoskeletal rating section. I have had the AID of a JAG lawyer since my first appeal for reconsideration.

Now my question is if there is anything I can do at this point??? With the severe pain I now have every day, dictating what little I am able to do, I feel that 20% is not acceptable. I am just trying to figure out if I have any more options at this point?? Id greatly appreciate any feedback good or bad.

Thank you, JJ
 
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