Is This A Nexus Enough

[oldvet]

I have a question for anyone here that I have been trying to find the answer to. I have recently been diagnosed with cervical arthritis C5-6 and on a C&P as well as by a neurologist.

The VA denies service connection even though it has recognized right shoulder arthritis with neck pain. I have current Xrays of my cervical arthritis as well as Electromagnetic testing and an MRI confirming the disease and noting C5-6 radiculopathy in both arms.

When I was discharged in the mid 90's the VA recognized "arthritis right shoulder with neck pain" and it was coded 5010-5203. The VA also recognized my low back condition with osteophyte formation under 5295-5010.

When I learned of my neck problems I submitted to the VA for recognition of my neck condition as far as service connection and disability because I had also found an undiscovered radiological report in my personal files showing that I had broken ribs (which I didn't know about until I saw the report). Which according to the report was "most likely post traumatic".

The VA deniedthe claim by saying that the only X-ray of the neck in my file was taken in the mid 70's and showed nothing. That was 20 years prior to my discharge!

I have now found another document in my medical records from 4 years prior to my retirement which states

"c/o aching in muscles especially in both upper extremities + 6 months; also has pain in fingers, wrists, elbows, shoulder joints bilaterally. No obvious redness swelling in joints. Often wakes up with pain in lower rib cage."

Even though they did not take an X-ray (they took blood tests looking for rheumatoid arthritis) is there a way to file a NOD here? I was transferred shortly thereafter and did not pursue these things.

Would or could this be enough to show service connection as these are definitely the symptoms for cervical arthritis and the record shows they existed for at least 6 months while in service? Would appreciate any helpful comments.

Thanks,

oldvet

[rentalguy1]

If this is a new C&P you need to NOD for an inadequate examination, stating the lack of an x-ray. The C&P cr. most definately should have ordered one to look for arthritic changes, and the rater should have kicked it back on his/her own.

Read: 38CFR 4.71a Code 5003

5003 Arthritis, degenerative (hypertrophic or osteoarthritis):

Degenerative arthritis established by X-ray findings will be

rated on the basis of limitation of motion under the

appropriate diagnostic codes for the specific joint or joints

involved (DC 5200 etc.). When however, the limitation of

motion of the specific joint or joints involved is

noncompensable under the appropriate diagnostic codes, a

rating of 10 pct is for application for each such major joint

or group of minor joints affected by limitation of motion, to

be combined, not added under diagnostic code 5003. Limitation

of motion must be objectively confirmed by findings such as

swelling, muscle spasm, or satisfactory evidence of painful

motion. In the absence of limitation of motion, rate as

below:

With X-ray evidence of involvement of 2 or more major joints 20

or 2 or more minor joint groups, with occasional

incapacitating exacerbations...............................

With X-ray evidence of involvement of 2 or more major joints 10

or 2 or more minor joint groups............................

Note (1): The 20 pct and 10 pct ratings based on X-ray

findings, above, will not be combined with ratings based on

limitation of motion.

Note (2): The 20 pct and 10 pct ratings based on X-ray

findings, above, will not be utilized in rating conditions

listed under diagnostic codes 5013 to 5024, inclusive.

[oldvet]

Maybe I wasn't clear enough, sorry.

The C&P validated the cervical arthritis and they did take an Xray.

The problem is the rater stated "Service connectionfor degenerative disk disease of cervical spine with radiculopathy is denied since this condition neither occured in nor was caused by service." And that is where the rub comes in. I am trying to get assistance from board members as to whether or not my medical records from 4 years prior to my retirement which states

"c/o aching in muscles especially in both upper extremities + 6 months; also has pain in fingers, wrists, elbows, shoulder joints bilaterally. No obvious redness swelling in joints. Often wakes up with pain in lower rib cage."

Is enough to show in-service connection.

Thanks,

oldvet

[rentalguy1]

The easiest nexus I can think of would be to get a dr. (VA or civillian) to write something up stating that the lower back problem caused the c-spine arthritis. I'm by no means a dr., but that is the obvious cause of it. Any time you screw up your lower back, everything near it will fall apart in time. As to the preogress notes from 4 years prior to your retirement; you can try, but i don't think it would change much. If you combine it with my idea, though, it's probably a winner.

[oldvet]

Thanks rentalguy1.

I am planning on doing what you said about an independent medical opinion. Was just wondering if anyone out there may have some experience with a similar problem. Thanks for the recommendation.

oldvet

[Berta]

The IMO is a good idea here and I suggest that you go to:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

and print off the blank C & P that involves your condition- probably under spinal C & Ps- some of these C & P exams have changed a little over the years- this is the most updated version of them all that I have.

My neighbor just got 10% SC(USAF Ret)- for a similiar type of claim-not much but he can ask for higher rating-I told him to tell the rep to put his knee and shoulder problems into the claim but he forgot -or the rep forgot-

"Even though they did not take an X-ray (they took blood tests looking for rheumatoid arthritis) is there a way to file a NOD here? I was transferred shortly thereafter and did not pursue these things"

Do you have the blood test results?

[spike]

I am going to give you the best piece advice I can. If YOU believe there is a service connection and you believe that there is something wrong that is related to your injury. I would recommend you go to the Privacy Officer at the VA Hospital, get yourself a chiropractor outside the VA's reach. Bring them the documents you have. Ask them to evaluate you and get yourself an IMO. The best way to argue the case is to have a doctor or chiropractor who is for 'your side' in the battle with the VA. In fact, the VA doctors have ignored my back problems, xrays for a few years. Finally I did what I am telling you and I explained. Wow to their amazement I have two herniated discs at L4, L5 respectively. They also upon further evaluation, found that my back and knees are secondary because the muscles in your lower back are tied into the tracking of your knees and movement in legs. If you allow the VA to push you into submission (many times they low ball you hoping you will go away or delay the process with a NOD(Appeal) hoping that you either forget about it or die off). Trust me. I've seen many cases of this.