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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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mos1833

Please Take A Look At This Xray Report

Question

i think this shows that osteoarrthritis.is due to a superimposed injury on a

congenital transsitional vertebra at L-5,could use your opinions. thanks

DATE OF EXAMINATION (Include year) DATE OF REPORT DATE TRANSCRIBED

6-14-85 6-14-85 1 6-17-85

nnl,R,t,nnrn,L ntrul-1

LUMBOSACRAL SPINE AND SI joints of 6-14-85: No prior films for comparison.

There is a congenital transitional vertebra at L5 with incomplete bony

'I' -'---.-___---------

bridging to SI demOnstrating degenerative sclerosis at this articulation on

the left.

Disc spces and alignment appear normal. There is no evidence for

spondylolysis or spondylolisthesis or for destructive lesion or fracture.

The sacroiliac joints appear normal.

IMP: Congenital transitional vertebra with osteoarthritic changes on the

left related to

to this anomaly.

M. SIMONS, MD/ej ( . STANDARD FORM 9-A (REV. 9-77)

. Prescribed by GSA-ICMR

SIGNATU RE : (Specify loca tion o

' X

- ay facil .If 7 not part of requesting facility) FPMR1 01-11806-8

NOTE: For additional space use SF-507,

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The VA loves to label a spine diagnosis as "congenital". Which means you had it at birth or a very young age. Therefore, they (VA) deny you service connection. However, if you were treated for the spine condition while on active duty---you can still have a chance of being granted service connection--due to aggravation---even if it is congenital. *I strongly suggest a private MRI of the spine provided you have insurance. Also, I do not see in the exam you posted, that any findings/impressions mention any thing about an injury(?)

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vno thanks for replying

i injuried my back two times a year apart from each other.and they are in my medical records,along with several sick bay reports.when they denied the first time they just said i had a defect,and defects can not be service connected.so i never appealed,boy ived learned a lot since then,they even said they could not consider aggravation for the same reason [defect]that was in 1985.i know now a defect can some how be superimposed,in the x-ray i posted is what i thought was proof that osteoarthritis was some how shown to be key.seeing how the x-ray says it related to the anomaly,iam still fighting and currently back at the board, i just got to wondering about that x-ray and thought i see how others may read it. thanks

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I see why you raised the 'superimposed' issue.It is explained in this VA Decision:

http://www4.va.gov/vetapp10/files2/1018727.txt

“Congenital or developmental defects are not diseases or

injuries in the meaning of applicable legislation for

disability compensation purposes. 38 C.F.R. §§ 3.303©,

4.9. VA's General Counsel has held, however, that service

connection may be granted for diseases (but not defects) of

congenital, developmental or familial origin if the evidence

as a whole shows that the manifestations of the disease in

service constituted "aggravation" of the disease within the

meaning of applicable VA regulations. VAOPGCPREC 82-90 (July

18, 1990); 38 C.F.R. §§ 3.303©, 3.306. According to the VA

General Counsel's opinion, however, although service

connection cannot be granted for a congenital or

developmental defect, such a defect can be subject to

superimposed disease or injury, and if that superimposed

disease or injury occurs during military service, service-

connection may be warranted for the resultant disability.

VAOPGCPREC 82-90.”

The Precedent Op can be found here under # 82

http://www.va.gov/ogc/opinions/1990precedentopinions.asp

As long as the disease or injury is service connectable, then a congenital defect or disease that superimposes on it (by medical evidence)

can potentially be service connected.

I havent found an award at the BVA yet for a claim like this but I would assume these types of claims definitely require a strong IMO in most cases.

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Are you already SCed for the osteoarthritis?

If not is there evidence that would warrant a SC rating under this reg?

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.309.htm

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