Should I Claim It

[Jim MAC]

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I posted yesterday about winning my claim going back to August of 04. Well today I finally took a moment and really read thru it. Yesterday I was on cloud 9 after a 3 ½ year battle I had finally won. The rateing of 10 percent for my neck and shoulder pain was a fair rateing. I told the C+P Doc the truth that I am not in pain every day but that some days are worse the others.

Here were I have my big question. The examiner diagnosed cervical spondyloarthropathy most likely secondary to cervical degenerative disc disease with myofascial syndrome. My question is since I am not service connect for cervical degenerative disc disease with myofascial syndrome. Should I know put a claim in for it? If so does anybody know the rateings for that.

Thanks for any help

Jim

[Berta]

If you can prove a nexus for this condition to your service-by all means file a claim for it and the secondaries too.

The decision should have listed it all as NSC with diagnostic codes- go to the Schedule of RAtings in 38 CFR (here at hadit) and compare the ratings to what NSC % they gave you in the decision.

[Wings]

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4.71a - Schedule of Ratings - Musculoskeletal System

http://www.warms.vba.va.gov/bookc.html#d

[luvHIM]

Absolutely! I agree with Berta. But I will tell you why.

The rating examiner stated: "...cervical spondyloarthropathy most likely secondary to cervical degenerative disc disease with myofascial syndrome."

Operative word being "secondary." My condition is lumbosacral and cervical. Although I have a specific diagnosis...my condition comes under "seronegative spondyloarthopathy." But lets say down the road that my condition worsens. I go to a VAMC and my primary doctor has been changed to someone else. He/She states in my progress notes DDD and myofascial pain syndrome has worsened. But makes no mention of the condition I am actually service connected for. Although, the SC condition is considered "secondary" to main cause of my cervical pain, which is the DDD and myofascial pain syndrome.

Okay, you file for increase and VA deny's the claim stating that your DDD and myofascial pain syndrome have worsened and not your service connect condition. Although everyone else knows the SC is just "secondary" to the true manifestation DDD and myofascial pain syndrome.

If you can nip this in the bud now, it will save you tons of frustration down the road. VARO is not in the habit of helping you connect any dots. You know that. While it is still fresh, I would file to get it all service connected.

That very scenario is the basis of my entire appeal right now! So, YES! I would file a claim to have those conditions service connected. Even if you get 0%, they will already be service connected should the need arise in the future for an increase.

Edited January 18, 2008 by luvHIM

[Jim MAC]

Thanks All

Guess I will claim it probally next week. Think I will take a week of from worrying about my claim . I will ask for an increase for Skin cancer at the same time and let them know I am now up to 500 mgd a day twice a day of codine for my back.

Jim

Edited January 19, 2008 by Jim MAC

[Pete53]

Good Luck