Question On Degenerative Disc Disease

[Boats]

Hello,

Question if you are rated on Degenerative disc disease DDD of the Cervical Spine from the VA, then 10 years later are diagnosed with having degenerative disc disease of the Lumbar spine and Thoracic spine. Do you think they will SC the entire spine for DDD?

Or will they say it stops at the Cervical spine?

Thanks

Boats

[calton]

Boats,

It is certainly worth a shot. I have 40% DDD from C4-C5-C6 (since 1996) and now that the pain has spread to the lumbar region I tried for service connection of the lumbar as secondary to the cervical, but was turned down flat.

Keep in touch and let me know if you go for it, and perhaps send me some info so I can reopen my case if you are successful.

Can't hurt.

[Boats]

Thanks, was just wondering put in for it last week but requested that it be SC'd back to a lifting injury. I had in 1990 on active duty, and was put on bedrest for two weeks. But did not complain after that about it, until started having severe pain problems last couple years with it. Was just seeing if there was a fall back if they say it has been to long.

Boats

[lamontino]

Boats,

E2.A1.1.3.6. 5285-5295. The spine: Each segment of the spine (cervical, dorsal, and lumbar) segments is regarded as a group of minor joints. Combination of sacroiliac and lumbosacral joints is regarded as a major joint. Each group of minor joints is ratable as one major joint only when separate ratings are justified by Radiographic evidence of pathology besides limitation of motion or other evidence of painful motion of the individual segments involved.

Medical evidence of a nexus between the in-service injury or disease and the current disability being that these minor joints evolve in the same segment. I wouldnt see no reason why you should not be entitled to an increase. See Epps v. Gober, 126 F.3d 1464, 1468 (Fed. Cir. 1997); Caluza v. Brown, 7 Vet. App. 498, 506 (1995). In addition, certain chronic diseases, including arthritis, may be presumed to have been incurred in service if they become manifest to a compensable degree within one year of separation from active duty.

Footnotes:

1.The veteran developed a chronic back disorder during service. A chronic back disorder was incurred in service. 38 U.S.C.A. §§ 1110, 1131, 1154, 5107 (West 1991).Service connection for a back disorder, to include degenerative joint disease and degenerative disc disease, should be granted.

2.Service connection may also be established on a secondary basis for a disability which is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a) (2000). Additional disability resulting from the aggravation of a nonservice-connected condition is also compensable under 3.310(a). Allen v. Brown, 7 Vet. App. 429, 448 (1995) (en banc).

The Board points out that, because a back disorder was not found on the entrance examination, the presumption of soundness applies, and any conclusion by the RO to the contrary was in error. As was discussed above, a history given by a veteran upon entrance is not enough to prevent the presumption of soundness from applying.What im saying here if you was noted at the time of entry in the military of soundness, Va cant go back to say that your degen diease was prior to service.

Good luck on your reopening of a secondary claim for back disorder. I think you will successfully win if you follow the guides I gave you above.

Hello,

Question if you are rated on Degenerative disc disease DDD of the Cervical Spine from the VA, then 10 years later are diagnosed with having degenerative disc disease of the Lumbar spine and Thoracic spine. Do you think they will SC the entire spine for DDD?

Or will they say it stops at the Cervical spine?

Thanks

Boats

[jbasser]

Boats, If you have Cervical or Lumbar DGD/DJD and one is service connected, You need to have an MD state that the other spinal problems are related to your present condition.

To nexus this, one would need to have a posture that favors the neck ( leaning to avoid pain) This can cause Back problems. Have an MD state exactly that for a secondary service connection.

You can see some success stories by searching the BVA site decisions by typing cervical and secondary and lumbar or Lumbar and secondary and cercical.

Hope this one helps. it is not impossible but you need to focus on an MD putting the puzzle together.

Dr Bash is the man to do this for you. He is expensive, but he is good.

Edited August 16, 2007 by jbasser