Cervical Back Problems

[Hogfan1978]

Okay, I am very new to the VA disability program and I have questions. First I'd like to give you the background of my situation:

I got out of the AF in 2007, I had been in for about 7 years. While in service, I had a 4-wheeler accident (while on duty). The 4-wheeler threw me back through the air and I landed on my rear end, the ATV then rolled on top of me and I was pinned under it for 25 minutes until help arrived. During the ordeal, the 4-wheeler was still running and being a 2-stroke engine, it was filling the ditch with exhaust making me nauseous and very dizzy. Also, while trying to push the running 4-wheeler off of me, I caught my finger in the drive chain which pulled my finger into the sprocket and cut my finger and tore off my nail, which the doc was able to sew back into place with a few stitches.

Last month (23 Sep 2011), I was awarded VA disability compensation of 20%:

- 10% for tinitus

- 10% for "lumbar spine strain (claimed as lower back pain and spasms)". On the lower back disability, the rating was based on range of motion. My combined range of motion was 230 degrees, which is right on the lower end of the 10% rating. On the decision report, the VA doctor said that it was as likely as not that the back problems were caused by the 4-wheeler accident mentioned above.

- 0% for hernia related pains

- Denied for knee pain because even though I experienced it while in service, I never went in to have it looked at.

- Denied for hearing loss. Even though the VA examiner opined that "it was as likely as not" that my hearing loss was due to military noise exposure, "the evidence does not show that you currently have a hearing loss for VA purposes"

So, having said that, I have some questions:

1) On 30 Sep 2011 (1 week after I received the disability decision report described above in the mail), I woke up with what felt like a crick in my neck. Expecting it to go away on it's own, I didn't worry too much about it. Besides, this crick was in my upper back and it was my lower back that had always bothered me. Anyway, after almost 2 weeks time, an MRI finding of cervical nerve narrowing in my spine due to discs, 4 prescriptions of Lyrica, Hydroconine, Valuum, and physical therapy (which starts Wednesday), I am still in pain, especially without the Hydrocodone. I called the VA and they "reopened" my lumbar (lower back) disability claim and said that they would send a letter asking for additional evidence. What should I send them on this new upper back problem and will it even apply since the existing disability claim was for lumbar (lower back) problems?

2) My civilian doctor also will write a letter addressing the problems I've been currently having. I want it to be thorough, but truthful. It will probably say something about the timeframe of the new back problem and something about the medications prescribed. During my initial visit, she also said that it was her opinion that the new disc problems could have been caused by the 4-wheeler accident mentioned above. She will probably state that in the letter as well. Will this letter even help my VA claim for back problems? I've already got 10%. Is it even worth my time to try? I saw that for disc problems I must prove that I've had X number of weeks of incapacitated episodes to get disabilities, which I have not had. I have not been able to go to work and have been pretty much laying in a recliner because of the medications and the pain, but I am not on bed rest.

3) I still have knee pain. As mentioned above, I did not have this in my medical records while in service. I have several coworkers that I have gotten in touch with that remember my knee pain and they have agreed to write a buddy letter about my knee problems. Will this even be worth it to appeal the knee decision and provide just 3 buddy letters to prove my knee pain? Not sure this will even work....

Any advice on my 3 questions above would be greatly appreciated.

Thanks,

Ryan Nelson

[john999]

Your civilian doctor cannot say your neck or knee problems "could" be caused by the accident. She/he must say it is "At least as likely as not" caused by your accident. The word "could" is speculation. You need a definite statement of cause. Since it has been more than a year since your discharge you have to prove with medical evidence that your accident caused the new problems.

[71M10]

Do you have a complete copy of your service Medical records? If you do make sure your doctor writing your letter of support reads them and states that he/she read them in the letter of support. Review any and all x-ray reports from in service, if any of them note arthritic changes that is a strong/automatic ticket for service connection for the joint/s in question. If you do not have a complete copy of your Service Medical Records you really need them to make your case as to why something is service connected. In 1988 VA graciously gave me a 0% SC for a "bone disorder", If I would have known the rating schedule and read the x-ray reports that indicated arthritis in all segements of my spine two things would be different. VA would have been paying me in 1988 instead of 2007 and I would have known I had arthritis not just a stiff, painful back. By reading my SMR's I also found out I had Hypertension and Dr's couldn't agree if I had an enlarged heart or not. Coincidently the only part of my medical records that are missing is the ETS physical, the chest x-rays from two appointments as part of that physical.

The VA will only do the right thing if you ask them for it and then demonstrate with evidence they have to!

I have a 40% rating for thoraco/lumbar spine and a 20% rating for cervical spine. I did not have any documented bedrest. I have a significantly reduced range of motion.

Remember you have one year from the date of your rating to file your notice of disagreement. A reconsideration does not stop the clock.

Best regards,

[Hogfan1978]

John,

I will work with my doc to get the "at least as likely as not" on the letter - just like the VA examiner did on my decision report. Will that letter, coupled with my MRI, show enough evidence that it was caused by the 4-wheeler accident while on active duty? That's really all I have.

71M10,

I do have a complete copy of my medical records. I made sure to get those prior to leaving the Air Force. I will show them to my civilian doctor, especially the records relating to my back pain and the records relating to my 4-wheeler accident. I will ask her to mention what you said in the letter she writes. As far as x-rays, I don't recall having any x-rays done while in service, but I'm not sure. Would they have given me X-rays along with my paper medical records when I got out?

What if 3 or 4 years down the road my current range of motion legitimately gets worse? Can I have the VA re-evaluate my condition?

Thanks,

Ryan

[sharon]

Your doctor has to not only say that it is as least likely as not, he must also give medical rationale which links the current condition to your injury in service. It is also possible that the C spine could be secondary to the Lumbar spine. He has to explain the connection. If your mecdical records are silent for knee injury it is just about a rap. Buddy statements would have to be from someone who witnessed the injury to your knee.

[john999]

What Sharon said!

[71M10]

Yes, if your range of motion decreases (and it will as you age with a back injury) you can file for an increase.

Best regards,