Question about secondary symptoms

A

Air Force Blues

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Registered Member
I recently had a spinal fusion of the L5-S1 area and have been notified of a formal MEB. I have pretty severe back pain still, along with pain in the hip, and radiculopathy through one of my legs (bone chips were pulled out of my nerve). The on base doctor stated that my back was the only thing that could be rated, and said that the leg pain is considered to be part of the back. Is this normal? Has anyone has a similar case?

Side note - they issued me a cane to use for stability since I've actually fell due to my leg giving out when I tried to stand up.
 
From: http://www.militarydisabilitymadeeasy.com/thespine.html


Secondary Conditions
Many times spinal conditions have other conditions that contribute to the severity of the spinal condition. For example, many spine conditions also cause radiculopathy. These secondary conditions can sometimes be independently ratable.

Remember that the DoD will ONLY rate conditions that make a soldier Unfit for Duty. In the case of secondary spinal conditions, however, the secondary condition does NOT have to be independently unfitting to be ratable. All it has to do is contribute to making the spinal condition unfitting. So, if the primary condition is spinal stenosis which causes a secondary condition of radiculopathy down the left leg by pushing on a nerve, nerve pages for radiculopathy).
 
Some of that got cut off. Here is the full text:

Many times spinal conditions have other conditions that contribute to the severity of the spinal condition. For example, many spine conditions also cause radiculopathy. These secondary conditions can sometimes be independently ratable.

Remember that the DoD will ONLY rate conditions that make a soldier Unfit for Duty. In the case of secondary spinal conditions, however, the secondary condition does NOT have to be independently unfitting to be ratable. All it has to do is contribute to making the spinal condition unfitting. So, if the primary condition is spinal stenosis which causes a secondary condition of radiculopathy down the left leg by pushing on a nerve, then the radiculopathy would be independently ratable since the amount of pain it creates significantly contributes to the inability of a service member to perform his job.

If a secondary condition exists, it will be rated by the criteria for that condition, so see those conditions pages for rating information (i.e. see the nerve pages for radiculopathy).
 
Air Force Blues said:
I recently had a spinal fusion of the L5-S1 area and have been notified of a formal MEB. I have pretty severe back pain still, along with pain in the hip, and radiculopathy through one of my legs (bone chips were pulled out of my nerve). The on base doctor stated that my back was the only thing that could be rated, and said that the leg pain is considered to be part of the back. Is this normal? Has anyone has a similar case?

Side note - they issued me a cane to use for stability since I've actually fell due to my leg giving out when I tried to stand up.
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Hello Air Force Blues,

I was in a similar situation as you and this is one of the areas that I am trying to get clarification for as well... I have always argued that my fusion creates the ROM restriction however the bilateral sciatica has also contributed to the inability to perform my duties.

I have requested the assistance of a law group to assist me with this issue. I have read other cases from the ABCMR where the service member was awarded radiculopathy on top of the ROM.

Please let me know if they have adjusted your situation.
 
I am in the same boat, have had three neck surgeries in the last two years with radiculopathy into my left arm. I was found unfit for the spine issue and also separately for the radiculopathy, so it is possible.
 
MJ6495 said:
I am in the same boat, have had three neck surgeries in the last two years with radiculopathy into my left arm. I was found unfit for the spine issue and also separately for the radiculopathy, so it is possible.
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I know there are a lot of service members getting the shaft on this.... I was told by the MEB and the PEB that radiculopathy was did not qualify in any way. Hopefully the lawyers can figure this one out...
 
So i am in the same boat. Had my TDRL reevaluation and the doc messed up my ROM and I asserted that radiculopathy should be rated as secondary. I not only lost 20% But was basically told I dont go to.doctor enough so it seems to be improving. I have DDD and had a fusion. Shit doesn't just improve. Everything above goes bad. So now I'm appealing and have my formal board next week at Madigan. I got two new ROM tests done out of pocket and am still pursuing radiculopathy rating. Any advice or legal documents would be helpful.
 
Broken Fister said:
So i am in the same boat. Had my TDRL reevaluation and the doc messed up my ROM and I asserted that radiculopathy should be rated as secondary. I not only lost 20% But was basically told I dont go to.doctor enough so it seems to be improving. I have DDD and had a fusion. Shit doesn't just improve. Everything above goes bad. So now I'm appealing and have my formal board next week at Madigan. I got two new ROM tests done out of pocket and am still pursuing radiculopathy rating. Any advice or legal documents would be helpful.
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I don't know enough about your case or can't provide more than this- fight for what you think is the right outcome.

I hope you get a great outcome from your board. Best of luck!
 
So results came down today. They flew me out to fort Lewis for my formal hearing tomorrow of my appeal. I brought with me two range of motion reports from two diff docs, memo from employer, and memo from wife. Hearing was supposed to be tomorrow but after they reviewed the evidence they decided to backtrack their original findings of 20% and are giving me 40% PDRL!!! THERE IS HOPE PEOPLE! For radiculopathy they would jave wanted an emg or hard evidence so prepare yourselves accordingly.
 
Broken Fister said:
So results came down today. They flew me out to fort Lewis for my formal hearing tomorrow of my appeal. I brought with me two range of motion reports from two diff docs, memo from employer, and memo from wife. Hearing was supposed to be tomorrow but after they reviewed the evidence they decided to backtrack their original findings of 20% and are giving me 40% PDRL!!! THERE IS HOPE PEOPLE! For radiculopathy they would jave wanted an emg or hard evidence so prepare yourselves accordingly.
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Congratulations! Thanks for the update!
 
7869jake said:
Some of that got cut off. Here is the full text:

Many times spinal conditions have other conditions that contribute to the severity of the spinal condition. For example, many spine conditions also cause radiculopathy. These secondary conditions can sometimes be independently ratable.

Remember that the DoD will ONLY rate conditions that make a soldier Unfit for Duty. In the case of secondary spinal conditions, however, the secondary condition does NOT have to be independently unfitting to be ratable. All it has to do is contribute to making the spinal condition unfitting. So, if the primary condition is spinal stenosis which causes a secondary condition of radiculopathy down the left leg by pushing on a nerve, then the radiculopathy would be independently ratable since the amount of pain it creates significantly contributes to the inability of a service member to perform his job.

If a secondary condition exists, it will be rated by the criteria for that condition, so see those conditions pages for rating information (i.e. see the nerve pages for radiculopathy).
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Does anyone know where this exists in writing other than here? I saw the same thing and asked my military-assigned attorney about it, and he had no clue. It would make the complete difference for me if they rated my back (my only unfitting condition) and my sciatica, which came back at mild in my C&P's, which is enough for 10%.
 
IDES_Aviator said:
Does anyone know where this exists in writing other than here? I saw the same thing and asked my military-assigned attorney about it, and he had no clue. It would make the complete difference for me if they rated my back (my only unfitting condition) and my sciatica, which came back at mild in my C&P's, which is enough for 10%.
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Here are two authorities that support this proposition:


"(a) Utilization of VA schedule for rating disabilities in determinations of disability.
(1) In making a determination of disability of a member of the armed forces for purposes of this chapter [10 USCS §§ 1201 et seq.], the Secretary concerned--
(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
(b) Consideration of all medical conditions. In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter [10 USCS §§ 1201 et seq.], the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member's office, grade, rank, or rating."

10 USCS § 1216a

"§4.25 Combined ratings table.

...(b) Except as otherwise provided in this schedule, the disabilities arising from a single disease entity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc., are to be rated separately as are all other disabiling conditions, if any. All disabilities are then to be combined as described in paragraph (a) of this section. The conversion to the nearest degree divisible by 10 will be done only once per rating decision, will follow the combining of all disabilities, and will be the last procedure in determining the combined degree of disability."

38 CFR §4.25.
 
Mr. Perry,

That is so incredibly helpful, thank you. I meet with my attorney tomorrow afternoon. I received my unfit memo on Friday, so now it’s just waiting on my percentages.

Being armed with (accurate) information is so reassuring.
 
I know this is an old post but has anyone had any luck with secondary conditions? I have back issues that have caused radiculopathy, ankle as well as knee issues. I have just started the full MEB process but my PEBLO said that secondary conditions do not apply for the DOD portion. This goes against lots I have read here and reasonable thinking. If my ankle, knee and sciatic nerve issues make my back worse or vise versa, why wouldn't they all be found unfit? I have exhausted the search function with not much help.
 
SoccerFan17 said:
I know this is an old post but has anyone had any luck with secondary conditions? I have back issues that have caused radiculopathy, ankle as well as knee issues. I have just started the full MEB process but my PEBLO said that secondary conditions do not apply for the DOD portion. This goes against lots I have read here and reasonable thinking. If my ankle, knee and sciatic nerve issues make my back worse or vise versa, why wouldn't they all be found unfit? I have exhausted the search function with not much help.
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Having done this, I can tell you positively that yes, if you have been diagnosed with radiculopathy, and if it interferes with your job, then you can and should be rated for it on the DoD side. Don't take no for an answer.

If you are USAF, and your doc doesnt refer that condition to the MEB, make sure you write a rebuttle letter, and absolutely get an independent medical opinion. If the IPEB tries to strip it off at their level, then go to the formal board.

There really shouldnt be any confusion around this topic. It's a shame that there is.

If you (or anyone else) have any more questions about it you can PM me.

EDIT: Forgot to add, that your PEBLO is flat out wrong. Dont assume that because a person has the title of PEBLO that they know everything about this system.
 
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Thank you for the encouraging words. I will try and PM you later. I am USAF and this time they felt my medical condition should go to a full MEB which they didn't last year. I still have to meet with my doctor, who I have never met since they switched my doctors, to get the NARSUM. I will make sure that she puts all the conditions. My first PEBLO was an idiot so we have spent the last year researching ourself. The new PEBLO seems more informed but still didn't know about the secondary conditions. All I have been able to find are the two legal documents that sort of state secondary conditions, to use as evidence that some secondary back conditions should count.
 
Anyone that may know.....

I'm Army, waiting for my final determination to come around any day now. I was found to "not meet retention standards" for PTSD, Cervical Spine DDD/Spondylosis, Right Upper radiculopathy, Lumbar DDD with Central Canal Stenosis, and Right sciatic radiculopathy.

What are the chances they'll NOT rate the radiculopathy findings? At this point I simply don't trust anything coming from either my PEBLO or the VAMSC. This board has proven to be much more reliable!

TIA!
 
Old Top said:
Anyone that may know.....

I'm Army, waiting for my final determination to come around any day now. I was found to "not meet retention standards" for PTSD, Cervical Spine DDD/Spondylosis, Right Upper radiculopathy, Lumbar DDD with Central Canal Stenosis, and Right sciatic radiculopathy.

What are the chances they'll NOT rate the radiculopathy findings? At this point I simply don't trust anything coming from either my PEBLO or the VAMSC. This board has proven to be much more reliable!

TIA!
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This is probably best to its own thread at this point, but to give you an idea, I'd need to know what your DBQ had marked on it for the radiculopathy. Additionally, what is the exact wording the MEB used when referring your conditions to the IPEB?

The quick and dirty is, if you have a condition that prevents you from doing your job, and you have been formally diagnosed with that condition, then it can and should be rated on the DoD side.
 
7869jake said:
Having done this, I can tell you positively that yes, if you have been diagnosed with radiculopathy, and if it interferes with your job, then you can and should be rated for it on the DoD side. Don't take no for an answer.

If you are USAF, and your doc doesnt refer that condition to the MEB, make sure you write a rebuttle letter, and absolutely get an independent medical opinion. If the IPEB tries to strip it off at their level, then go to the formal board.

There really shouldnt be any confusion around this topic. It's a shame that there is.

If you (or anyone else) have any more questions about it you can PM me.

EDIT: Forgot to add, that your PEBLO is flat out wrong. Dont assume that because a person has the title of PEBLO that they know everything about this system.
Click to expand...
Put my mind at ease for the night. Thanks man.
 
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