Hello All,
First and foremost - if this thread is in the wrong location, please forgive me!
I am currently AD Navy with about 20.5 years of service. Due to a plethora of issues, I was just recommended (and submitted for) a MEDBOARD by my PCM and the senior Medical Officer at the clinic.
As soon as I was done with the conversations with them, I got home and immediately began to research everything I could regarding the process and the VA benefits, etc. Doing so, I have a few questions that I either would like to confirm, or I have not been able to find an answer for. Hoping the combined knowledge of those here can shed some light for me.
1. I keep hearing about this "Nexus" letter, and as far as I can tell, this is a document that illustrates how a given disability is service-related. If that is the case, how necessary would they be for me? I am still active duty, and every disability that I intend to file a claim for is well documented in my Medical Record. None of the issues were pre-existing before I enlisted. Are Nexus letters still required for each disability? If not required, would I benefit from having them?
2. For spinal issues (or any issues, really), how, exactly, do "secondary" issues work? For example, I have a pretty nasty issue with both my lumbar and cervical spine. Specifically for the lumbar, I have, in my medical record, Radiculopathy Lumbar, Degenerative Disc Disease/Osteoarthritis, and Neural Foraminal Stenosis. So if my primary complaint is "lower back pain", and arbitrarily let's say I earn a 20% for that, would I also be able to claim all of those others as secondary? And would each of them be rated individually with their own percentage? The Radiculopathy in my lumbar region, for example, causes both of my quads, and all of my toes, to go numb on a regular basis. But again, what about the arthritis? Or the DDD? This same principal would apply to my cervical spine. Pretty much the same suite of problems there. Can I reasonably expect to be able to claim each of those, or will the VA just lump everything together?
3. Speaking of lumping everything together, I've learned that the VA (in what is, to me, nearly malpractice) lumps each and every mental health issue together in 1 big mess of a claim. For the sake of brevity, I understand they generally will not separate Major Depressive Disorder with Insomnia. However, what happens if insomnia is directly caused by / secondary to the issues I listed in question 2 above? My sleep issues aren't related to depression so much as they are to being woken up all the time due to pain. Has anyone ever claimed both depression and insomnia is this fashion?
4. There is a website that has shown up frequently in my Google searches, and that site is "VAClaimsInsider". On that website, they have a pretty decent explanation of spinal issues and how the VA rates them. One thing that stuck out to me is this quote that says it was updated December of 2023:
"The present VA ratings assigned for degenerative joint disease of the lumbar spine, and radiculopathy of the left and right lower extremities when combined (See 38 C.F.R. § 4.23) are rated as 70 percent disabling."
Now, the CFR section that they refer to has NOTHING to do with a spine or whatnot, but rather it's the section titled "Attitude of Rating Officers". I've reached out to them to ask them to provide the source of that 70% number, but in the interim, does anyone know if this is true?
5. Finally, throughout the entire process, should I have some form of representation? I don't mean to pay for a lawyer or whatever, but I did reach out to Disabled American Veterans. They replied and said they said they can't assist until after I'm retired. I know you get assigned a PEBLO and an MSC, but I don't know that anyone really has my back, and I certainly wouldn't put much Faith in a JAG. Is it really just on me to ensure I'm educated enough on the process and take it on?
Any and all info is greatly appreciated. Thank you in advance,
Shaun
First and foremost - if this thread is in the wrong location, please forgive me!
I am currently AD Navy with about 20.5 years of service. Due to a plethora of issues, I was just recommended (and submitted for) a MEDBOARD by my PCM and the senior Medical Officer at the clinic.
As soon as I was done with the conversations with them, I got home and immediately began to research everything I could regarding the process and the VA benefits, etc. Doing so, I have a few questions that I either would like to confirm, or I have not been able to find an answer for. Hoping the combined knowledge of those here can shed some light for me.
1. I keep hearing about this "Nexus" letter, and as far as I can tell, this is a document that illustrates how a given disability is service-related. If that is the case, how necessary would they be for me? I am still active duty, and every disability that I intend to file a claim for is well documented in my Medical Record. None of the issues were pre-existing before I enlisted. Are Nexus letters still required for each disability? If not required, would I benefit from having them?
2. For spinal issues (or any issues, really), how, exactly, do "secondary" issues work? For example, I have a pretty nasty issue with both my lumbar and cervical spine. Specifically for the lumbar, I have, in my medical record, Radiculopathy Lumbar, Degenerative Disc Disease/Osteoarthritis, and Neural Foraminal Stenosis. So if my primary complaint is "lower back pain", and arbitrarily let's say I earn a 20% for that, would I also be able to claim all of those others as secondary? And would each of them be rated individually with their own percentage? The Radiculopathy in my lumbar region, for example, causes both of my quads, and all of my toes, to go numb on a regular basis. But again, what about the arthritis? Or the DDD? This same principal would apply to my cervical spine. Pretty much the same suite of problems there. Can I reasonably expect to be able to claim each of those, or will the VA just lump everything together?
3. Speaking of lumping everything together, I've learned that the VA (in what is, to me, nearly malpractice) lumps each and every mental health issue together in 1 big mess of a claim. For the sake of brevity, I understand they generally will not separate Major Depressive Disorder with Insomnia. However, what happens if insomnia is directly caused by / secondary to the issues I listed in question 2 above? My sleep issues aren't related to depression so much as they are to being woken up all the time due to pain. Has anyone ever claimed both depression and insomnia is this fashion?
4. There is a website that has shown up frequently in my Google searches, and that site is "VAClaimsInsider". On that website, they have a pretty decent explanation of spinal issues and how the VA rates them. One thing that stuck out to me is this quote that says it was updated December of 2023:
"The present VA ratings assigned for degenerative joint disease of the lumbar spine, and radiculopathy of the left and right lower extremities when combined (See 38 C.F.R. § 4.23) are rated as 70 percent disabling."
Now, the CFR section that they refer to has NOTHING to do with a spine or whatnot, but rather it's the section titled "Attitude of Rating Officers". I've reached out to them to ask them to provide the source of that 70% number, but in the interim, does anyone know if this is true?
5. Finally, throughout the entire process, should I have some form of representation? I don't mean to pay for a lawyer or whatever, but I did reach out to Disabled American Veterans. They replied and said they said they can't assist until after I'm retired. I know you get assigned a PEBLO and an MSC, but I don't know that anyone really has my back, and I certainly wouldn't put much Faith in a JAG. Is it really just on me to ensure I'm educated enough on the process and take it on?
Any and all info is greatly appreciated. Thank you in advance,
Shaun