Re: VAC claim for chronic pain?

by derngt Wed 26 Jun 2019, 15:41

Guest wrote:Has anyone ever or can you even submit a disability claim that is separate from any injury/disability claim you may have already been pensioned for?
http://www.veterans.gc.ca/eng/services/after-injury/disability-benefits/benefits-determined/table-of-disabilities/ch-19-2006#t07

I get a pension for Cervical Disc Disease and the following Chronic Pain Disorder Associated with Both Psychological Factors and a General Medical Condition..So yes its possible

by Guest Thu 20 Dec 2018, 11:46

[quote="bigrex"]Basically, if you have two different diagnosed medical conditions, that affect the same body part, they will compare them both, and pay you for the condition that will pay you the most. For example, an anxiety disorder and PTSD, ....but that doesn’t answer my original question, I agree if you get 2 positive claims related to the same injury that VAC payout at the highest %, but if you put in a claim for DDD and it gets denied can you still submit for mechanical back pain, or osteoarthritis, which a vet may have regardless that an X-ray shows no DDD, IMO ]

by **bigrex** Thu 20 Dec 2018, 07:53

Basically, if you have two different diagnosed medical conditions, that affect the same body part, they will compare them both, and pay you for the condition that will pay you the most. For example, an anxiety disorder and PTSD,

by Guest Wed 19 Dec 2018, 21:07

bigrex wrote:well, I'll use my own case, as an example. I submitted a claim for Lumbar Arthritis, but because the X-rays, didn't really show any major changes,somebody at VAC changed my claim to Mechanical lower back pain, without my knowledge or consent. I had been struck in the back, by a steel door, on ship, but the CF98 was never placed in my file, but there was several documented visits, for back pain, where I described to accident, even years later. VAC denied it, and VRAB said they believed the accident occurred, but it was their opinion that I didn't suffer from a disability. Then a few years later, the pain was getting worse, and they finally ordered a CT scan, that showed that I had 2 massive herniated disks, and spinal stenosis, which cannot be seen in plain X-rays. I asked if I could have a special reconsideration, because of the new evidence of an actual disability, and was told that the claim for MBP, had run it's course, and because I had a different diagnosis, I had to submit a brand new claim for Degenerative Disk Disease. VAC still denied it, because of the lack of accident report, but VRAB eventually approved it at 2/5ths, of a 40% disability assessment. I just had my review hearing to raise it to 4/5, based on the new rules, earlier today.

So you can have different claims, for different conditions, affecting the same part of the body. But they would be lumped together, when they make the final decision about the disability assessment, granting the higher of the two assessments. So if you were approved for 10%, based on the a claim for Chronic pain syndrome, for your lower back, but you were also approved for a 20% disability, based on Degenerative Disk disease, for your lumbar spine, you would only get the 20%. Now if your pain syndrome claim, also affected your cervical spine, for example, then you could get the additional 10%.

as usual, you lost me, lol. I guess I’ll just wait the 38 weeks and see if my claims get approved or denied

by **bigrex** Wed 19 Dec 2018, 20:00

well, I'll use my own case, as an example. I submitted a claim for Lumbar Arthritis, but because the X-rays, didn't really show any major changes,somebody at VAC changed my claim to Mechanical lower back pain, without my knowledge or consent. I had been struck in the back, by a steel door, on ship, but the CF98 was never placed in my file, but there was several documented visits, for back pain, where I described to accident, even years later. VAC denied it, and VRAB said they believed the accident occurred, but it was their opinion that I didn't suffer from a disability. Then a few years later, the pain was getting worse, and they finally ordered a CT scan, that showed that I had 2 massive herniated disks, and spinal stenosis, which cannot be seen in plain X-rays. I asked if I could have a special reconsideration, because of the new evidence of an actual disability, and was told that the claim for MBP, had run it's course, and because I had a different diagnosis, I had to submit a brand new claim for Degenerative Disk Disease. VAC still denied it, because of the lack of accident report, but VRAB eventually approved it at 2/5ths, of a 40% disability assessment. I just had my review hearing to raise it to 4/5, based on the new rules, earlier today.

So you can have different claims, for different conditions, affecting the same part of the body. But they would be lumped together, when they make the final decision about the disability assessment, granting the higher of the two assessments. So if you were approved for 10%, based on the a claim for Chronic pain syndrome, for your lower back, but you were also approved for a 20% disability, based on Degenerative Disk disease, for your lumbar spine, you would only get the 20%. Now if your pain syndrome claim, also affected your cervical spine, for example, then you could get the additional 10%.

by Guest Wed 19 Dec 2018, 11:17

bigrex wrote:basically. For the purposes of VAC, they are treated the same

but I’ve seen claims for both, I’m assuming then that the vets original claim was not for DDD which is what enabled them to file for the other two.? If that’s the case if a vet opens a claim for DDD and it’s rejected can they then submit for Mechanical lower back, mechanical neck pain and/or osteoarthritis, because if you look on the Canlii site, there have been claims granted for these

by **bigrex** Wed 19 Dec 2018, 10:21

basically. For the purposes of VAC, they are treated the same

by Guest Tue 18 Dec 2018, 22:55

bigrex wrote:Since you already have a claim for degenerative disk disease, you can't submit a separate claim for chronic lower back pain, because pain level is already used to determine the disability level for the DDD.

so is that the same for osteoarthritis?

by **bigrex** Tue 18 Dec 2018, 22:02

Since you already have a claim for degenerative disk disease, you can't submit a separate claim for chronic lower back pain, because pain level is already used to determine the disability level for the DDD.

by Guest Tue 18 Dec 2018, 21:51

20 years l didn’t own a computer, didn’t know anything about VAC , but my med docs were riddled with yearly complaints about back pain. When eventually I was medically released for a separate issue, l Sent a claim to vac which came back denied so I just soldiered on. I didn’t know back claims itself are broken into 3 categories.
Now armed with that information,and that I hear the rules have changed and that if you served over 10 years in a combat arms trade that a bad back is pretty much an accepted given by VAC l have reopened 2 separate back claims for upper and lower back/spine accompanied by recent xrays that confirm degenerative disc disease. In addition to that, does anyone know if the pain associated with these injuries are further separate claims again.? On line I have been reading about “mechanical lower back/neck pain” claims, do these still exist or did VAC change the terms.? I can’t seem to find it on their site as a current claimable item

by Guest Tue 18 Dec 2018, 19:35

Has anyone ever or can you even submit a disability claim that is separate from any injury/disability claim you may have already been pensioned for?
http://www.veterans.gc.ca/eng/services/after-injury/disability-benefits/benefits-determined/table-of-disabilities/ch-19-2006#t07

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