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Resolved Service Connection Condition

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Had a C&P done for Cervical/Lumbar strain. Examiner, who was a physician assistant stated that my SC condition has resolved and that my recurrent strains are from degenerative disc disease. She did not ask for a medical opinion. I had continued problems since I left the service and took documentation with me. The only x-rays that were done in-service at the time of the injury were in the neck area and not the low back because we were out in the field. No MRI's were ever ordered in-service. I had them done in the private sector, and thats why she states I have disc disease. My range of motion has me in the compensation level of 40%. How do I fight this examiners diagnosis. Still having muscle spams, which were noted on my C&P exam x-rays (reversed lordosis). Still rated at 0% because evidence cited in C&P shows disability has resolved. Need help to fight this examiners statment which is not true!

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Had a C&P done for Cervical/Lumbar strain. Examiner, who was a physician assistant stated that my SC condition has resolved and that my recurrent strains are from degenerative disc disease. She did not ask for a medical opinion. I had continued problems since I left the service and took documentation with me. The only x-rays that were done in-service at the time of the injury were in the neck area and not the low back because we were out in the field. No MRI's were ever ordered in-service. I had them done in the private sector, and thats why she states I have disc disease. My range of motion has me in the compensation level of 40%. How do I fight this examiners diagnosis. Still having muscle spams, which were noted on my C&P exam x-rays (reversed lordosis). Still rated at 0% because evidence cited in C&P shows disability has resolved. Need help to fight this examiners statment which is not true!

You need the assistance of a civilian doctor my friend. His/her opinion is the only one that will over ride the statement of the C$P doc.

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Had a C&P done for Cervical/Lumbar strain. Examiner, who was a physician assistant stated that my SC condition has resolved and that my recurrent strains are from degenerative disc disease. She did not ask for a medical opinion. I had continued problems since I left the service and took documentation with me. The only x-rays that were done in-service at the time of the injury were in the neck area and not the low back because we were out in the field. No MRI's were ever ordered in-service. I had them done in the private sector, and thats why she states I have disc disease. My range of motion has me in the compensation level of 40%. How do I fight this examiners diagnosis. Still having muscle spams, which were noted on my C&P exam x-rays (reversed lordosis). Still rated at 0% because evidence cited in C&P shows disability has resolved. Need help to fight this examiners statment which is not true!

"She did not ask for a medical opinion."

I'm sorry, but I do not understand. I thought the reason for you going to a C&P exam was to get a medical opinion?

You probably DO have DDD (arthritis) and it is probably caused by your injury (or aggravated or made more progressive) by your injury in service.

A muscle strain is most likely resolved by now and I am sure that that was her reasoning, however, the residuals of this could very well be the diagnosed arthritis (DDD).

If you do not think that your cervical/lumbar strain has resolved, then you will need to back up this belief with outside/civilian medical opinions by orthopaedic doctors.

You do understand the "nexus", the "continuity of symptoms", the currently diagnosed disability?

You do have copies of your SMR's? Your c-file? If you DO have copies of your SMR's and any med recs showing treatment since service then your civilian doctors MUST indicate that they had and read these records with regard to their examination of your disability.

As far as you fighting her diagnosis.......I assume that you have received a SOC? If so, then you need to file a NOD and include the independent medical opinion(s).

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