It is the back brace that is denying? The 59 modifier would not be appropriate for a DME product. Neither would the 25 modifier. I'm confused, a back brace should not be denying out as part of a global procedure. I would call to see what there explanation is for the original denial. A piece of equipment cannot be considered as part of another procedure. It may not be covered by the plan, or they may not allow it following surgery if they feel the surgery corrected the problem, but it shouldn't be denying as part of the surgery.