Jump to content


  • hate-ads-subscribe-now.jpg

  • Ad
  • Ad
  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Ad
  • 0

Please Take A Look At This Xray Report


i think this shows that osteoarrthritis.is due to a superimposed injury on a

congenital transsitional vertebra at L-5,could use your opinions. thanks


6-14-85 6-14-85 1 6-17-85

nnl,R,t,nnrn,L ntrul-1

LUMBOSACRAL SPINE AND SI joints of 6-14-85: No prior films for comparison.

There is a congenital transitional vertebra at L5 with incomplete bony

'I' -'---.-___---------

bridging to SI demOnstrating degenerative sclerosis at this articulation on

the left.

Disc spces and alignment appear normal. There is no evidence for

spondylolysis or spondylolisthesis or for destructive lesion or fracture.

The sacroiliac joints appear normal.

IMP: Congenital transitional vertebra with osteoarthritic changes on the

left related to

to this anomaly.

M. SIMONS, MD/ej ( . STANDARD FORM 9-A (REV. 9-77)

. Prescribed by GSA-ICMR

SIGNATU RE : (Specify loca tion o

' X

- ay facil .If 7 not part of requesting facility) FPMR1 01-11806-8

NOTE: For additional space use SF-507,

Share this post

Link to post
Share on other sites

21 answers to this question

Recommended Posts

The VA loves to label a spine diagnosis as "congenital". Which means you had it at birth or a very young age. Therefore, they (VA) deny you service connection. However, if you were treated for the spine condition while on active duty---you can still have a chance of being granted service connection--due to aggravation---even if it is congenital. *I strongly suggest a private MRI of the spine provided you have insurance. Also, I do not see in the exam you posted, that any findings/impressions mention any thing about an injury(?)

Share this post

Link to post
Share on other sites


vno thanks for replying

i injuried my back two times a year apart from each other.and they are in my medical records,along with several sick bay reports.when they denied the first time they just said i had a defect,and defects can not be service connected.so i never appealed,boy ived learned a lot since then,they even said they could not consider aggravation for the same reason [defect]that was in 1985.i know now a defect can some how be superimposed,in the x-ray i posted is what i thought was proof that osteoarthritis was some how shown to be key.seeing how the x-ray says it related to the anomaly,iam still fighting and currently back at the board, i just got to wondering about that x-ray and thought i see how others may read it. thanks

Share this post

Link to post
Share on other sites

I see why you raised the 'superimposed' issue.It is explained in this VA Decision:


“Congenital or developmental defects are not diseases or

injuries in the meaning of applicable legislation for

disability compensation purposes. 38 C.F.R. §§ 3.303©,

4.9. VA's General Counsel has held, however, that service

connection may be granted for diseases (but not defects) of

congenital, developmental or familial origin if the evidence

as a whole shows that the manifestations of the disease in

service constituted "aggravation" of the disease within the

meaning of applicable VA regulations. VAOPGCPREC 82-90 (July

18, 1990); 38 C.F.R. §§ 3.303©, 3.306. According to the VA

General Counsel's opinion, however, although service

connection cannot be granted for a congenital or

developmental defect, such a defect can be subject to

superimposed disease or injury, and if that superimposed

disease or injury occurs during military service, service-

connection may be warranted for the resultant disability.


The Precedent Op can be found here under # 82


As long as the disease or injury is service connectable, then a congenital defect or disease that superimposes on it (by medical evidence)

can potentially be service connected.

I havent found an award at the BVA yet for a claim like this but I would assume these types of claims definitely require a strong IMO in most cases.

Share this post

Link to post
Share on other sites

Are you already SCed for the osteoarthritis?

If not is there evidence that would warrant a SC rating under this reg?


Share this post

Link to post
Share on other sites

There is a finite methhod or radiography when it comes to interpetation of Xrays.

This is ussually a comparison test to another Xray taken previously.

Now if there is no Xray to compare to the Radiologist has to concoct his own opinion as to his or her interpetation.

If I were you I would check out all xrays I had of the same area dating back as long as you need to see if the congenital defect is there. If you were born with it then it will be there. If it is not there than it is not a congenital and is acquired since there is no evidence of its existance before a certain date.


Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • I was rated at 10% for tinnitus last year by the VA. I went to my private doctor yesterday and I described to him the problems that I have been having with my sense of balance. Any sudden movement of my head or movement while sitting in my desk chair causes me to lose my balance and become nauseous. Also when seeing TV if there are certain scenes,such as movement across or up and down the screen my balance is affected. The doctor said that what is causing the problem is Meniere's Disease. Does any know if this could be secondary to tinnitus and if it would be rated separately from the tinnitus? If I am already rated at 10% for tinnitus and I could filed for Meniere's does any one know what it might be rated at? Thanks for your help. 68mustang
      • 15 replies
    • Feb 2018 on HadIt.com Veteran to Veteran. Sharing top posts and a few statistics with you.
      • 0 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 
    • If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 14 replies
    • VA C and P Exam – Do’s and Don’ts – VA Compensation Pension Exam


      The following is written from a VA Compensation and Pension Examiners perspective relating to psychiatric exams. It is a good guideline for all exams but I only did psych exams. I’ve been examined by the VA for multiple problems and this is my format when I go to be examined. A little common sense and clarity ...

      Continue Reading
      • 0 replies