Decreased ROM but no inservice injury.

[snow1wave]

My friend had back problems in his military career, but he never went to sick call or anything for it. On the sep physical he did complain about back problems, and was ordered PT and pain meds after physical for decreased ROM. During the c&p the doctor listed his rom as more than 60, but less than 90, I told him thats 10% but not sure if he put a disease or a reason for the lack of ROM.  He separated 10 months ago, last week he went to the doctor and was diagnosed with mild lumbar kyphosis and lumbar sprain. Does he have a shot at getting anything service connected? His MOS required a lot of standing and walking if that helps, I told him it should.   

[Kgosi]

Any vet that files a claim within one year of discharge will receive at least a general medical exam if he/she submits a claim within one year. I repeated that intentionally. If it is submitted one year and one day then that Vets chances are reduced substantially. Tell him to get his claim in ASAP.

MOS counts for some injuries but what is most important is that his separation exam indicates the back problem, AND that his entrance exam shows that the problem did not exist when he entered the service. Mild kyphosis may only get him a 0% rating, but at least it would be service connected. If it worsens over the years he would be able to get care and increased ratings. 

[snow1wave]

Ok, so he should expect 0% even though kyphosis wasn't in his military med records? What about the rom, can he claim or would they connect the poor rom with the kyphosis diagnoses? 

[broncovet]

While I agree with Kgosi about the service connection within a year, a diagnosis of "kyphosis" need not be in military records.  

Read carefully the Caluza triangle criteria:

1.  CURRENT DIAGNOSIS.  In this case, if he was applying for "kyphosis" a doctor would need to diagnose him with that currently.  

2.  In service EVENT or aggravation.  This does not say he must be diagnosed with kyphosis in service, just that he had an "event" or aggravation in service.   

3.  Nexus or medical link between 1 and 2.  This means a doctor needs to say, "the Veteran's Kphosis is at least as likely as not due to (an event in military service)."

     YOu must have ALL 3 of the caluza triangle, not just one or 2 for service connection.    Notice:  nowhere does it say that something has to be diagnosed in service.  

Example:   A bomb blows up a few feet from you in service.   (in service event).  

Ten years later, in civilian life,  a doctor says you have TBI and hearing loss.  (current diagnosis).

A doctor says, "gee, that bomb blowing up in your ear (in military service) was at least as likely as not as the cause of your hearing loss and TBI".  (nexus)

Boom.  Caluza triangle.  No in service diagnosis, its common that these things are not diagnosed until later.   

Edited July 4, 2016 by broncovet

[snow1wave]

ok got ya, thanks..