Question On Reopening A Claim Or Filing For Secondary.

[10thFO]

Last year I was diagnosed with Carpal Tunnel Syndrome. I am now going to reopen my originally denied claim for "neck Strain". Should I apply for the "neck strain" which would be a reopen, or file for radiculopathy in relation to Degenerative Disc Disease and Herniation which would be a new claim. Also is there a way to also word the claim to be rated secondary as an injury from a SC injury. Last summer I fell out of my attic, when I was getting some luggage down to go on vacation. Wife wasn't home, and I flipped one and a half times landing on the threshold to the stairs across my lower back, and my neck breaking 3 steps off of an aluminum folding stairs set. I've still got the scar on my right shoulder where it took a 2" wide by 6" long gash out of my skin. It was a very nasty fall and my fingers and hands started hurting worse immediately after that.

I had a Dr. recently look at my MRI's which were taken one month before the fall, and he said that the c-spine injury was related to the lumbar as to the age of the arthritis showing up on both MRI's. I guess I should see about having another one now to see if the fall worsened the conditions. But I'd like to see if I can apply for both the original claim, and the secondary to already SC injury, because if the original gets denied again, I'd have the claim in for Secondary as well, in essence getting the same % and money.

The fall was caused by a numb foot that I couldn't feel trip over the lip to the stairs. causing the flip out of the attack. I still don't know how i didn't kill myself. Very scary.

[john999]

10thFO

Is the numb foot service-connected? You need to build your claims the way you lay bricks. One row of bricks on top of another. If the foot is SC and it was the cause of your consequential injury then maybe you have a claim, but you need a doctor to say that in definite terms. What you will be trying to prove is that your numb foot failed you and as a consequence you took a fall and got other injuries.

[10thFO]

Appreciate that John. In referencing the MRI I had in may of '05 I'm thinking that with a Dr.'s written statement that said injury to Cervical Spine, happened at the same time as my DDD in lumbar spine as attested to by the aging of the arthritis as it shows on the cervical and lumbar MRI's and x-rays, are of the same aging. He told me that there is no way that the cervical spine happened at a later date. This would be my basis for Reopening my claim with new and material evidence correct? I'm just asking to make sure before I get him to write the letter. He already said he would.

[Railroader]

If your foot or feet are not S/C on their own then the numb foot would have to have been caused from your DDD of your lumbar degeneration or maybe if a nerve were involved from your lumbar DDD and it caused you to lose your balance....Only an injury caused by a S/C condition can be secondary...That is my take on it anyhow.

Railroader