r/VeteransBenefits

Bad flare up ruining my trip

Your current 100% P&T rating is based on the average impairment of your spine condition, but the law recognizes that a rating must also consider periods of worsening, or "flare-ups," as they reflect the overall severity and functional impact of your disability under 38 CFR 4.1 and the precedent set in *DeLuca v. Brown*, which requires evaluation of a disability's manifestations during flare-ups. For spine conditions, Diagnostic Codes 5235-5243 are rated based on range of motion, but 38 CFR 4.40 and 4.45 clarify that functional loss due to pain, including during flare-ups, must be accounted for in the rating. Furthermore, the recent CAVC decision highlighted in the web context reinforces that examiners must assess functional impact during these periods. Since you are already 100% P&T, filing a new claim for increased compensation is not advisable as it could trigger a reevaluation. However, meticulously documenting this flare-up is critical for two actionable steps: 1) Use a personal diary or the VA's health journal feature to record the date, duration, specific functional losses (e.g., inability to sit for travel, need for bed rest), and pain levels, as this creates contemporaneous evidence for the future. 2) Report this episode to your VA primary care provider to ensure it is documented in your official medical records, which safeguards your rating by establishing a longitudinal history of severity should you ever need to file for ancillary benefits or if your condition progresses. **Disclaimer: This is educational information for claims understanding and is not intended as legal or medical advice; for personal guidance on your claim, consult an accredited VA attorney or claims agent.**

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).