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

[Hogfan1978]

Thanks for the encouragement.

I just got back from the physical therapist. I'm currently in a LOT of pain. Mostly the nerve pain down my right arm is what's bothering me. Been on narcodics, etc since 1 Oct. This really sucks. Nothing seems to help except a couple of hydrocondone.

Anyway, I've tried to get a neurologist appointment and was told that the soonest was 26 Oct - no way I can last that long in this condition. They put me on "standby" in case someone else cancels......still waiting on that to happen.....

What if I go to a VA neurologist for this pain? Will they be "on my side" in getting a service connection?

At this point, I would give up all my current disability payments to get rid of this pain.....

[71M10]

Hogfan,

My Cervical is secondary to my mid-back, the years of muscle spasms in my mid back has caused kyphoscoliosis(a left to right and front to back bend). Because of that misalignment in my thoracic spine, it has caused arthritis, and damaged disks in my neck because of the additional stress put on the joints by gravity (think leaning tower of Pisa). That is just one example of how the cervical spine can be SC to a lower segments problem. CFR 38 part 4 paragrah 4.59 "painful motion" was helpful to drive this point home with the VA. Within this part of the CFR they talk specically about Mal-aligned joints and the requirement that they are rated at least the minimum compensable rating for that joint.

Has your lower back injury altered the alignment of your spine? If yes, can you site where in your medical records is the objective proof of that?

Best regards,

[john999]

Maybe you need a civilian doctor who will prescribe the kinds of pain meds you need until you get all these problems solved. You can't think very well when you are in that kind of pain.

[Hogfan1978]

71M,

Yes! My lumbar back injury has affected my posture. I've noticed recently (within the last 2 months) how when I stand straight (or what feels like should be straight), my torso looks ever-so-slightly lop-sided, or crooked.

I'm assuming you're talking about my military medical records....there's no proof of that misalignment in my service records. All that's in my service records are lower back sprain, spasms, and backaches. Nothing about specific misalignment, but like I said, it's it present. I can see it when I look in the mirror.

John999,

I have been on doc prescribed meds since 1 Oct because of this mess. I'm on valuum, vicadin, lyrica, and a 5 day dose of prednisone. The only thing that makes the pain go away is when I take 2 vicadin (hydrocondone). I've been on them for 12 days now.

Thanks for helping a fellow veteran.

[71M10]

Hogfan,

Since we are talking secondary service connection that proof can come from current doctors records as well as SMR's. I hope you get relief soon, they tried to switch my medications around last month and after two weeks of misery the DOC and I had a talk and I am back on the old formulation (not perfect but better than the change). I have found some help from TENS for my mid back issues, but I don't think they want/recommend TENS treatment on the neck.

Best regards,

[Hogfan1978]

Thanks for the well wishes. Feelin' much better today....by the grace of God.

I've got an appointment tomorrow afternoon with a neurologist. I'm guessing that the best way to approach him about a nexus letter is not to ask him on the first visit. To me that would seem a little forward, but I wouldn't know....

Any thoughts?