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]

Sharon,

Thanks for the information. Not sure what I need to do now....

Should I file a new claim for C-spine injury and try to get a service connection (just like I was able to do on my lumbar spine injury)? Or should I try to somehow show connection to my existing 10% lumbar disability?

I assume they rate the C-spine injury based on ROM as they did my lumbar injury.

Thanks.

Edited October 12, 2011 by Hogfan1978

[sharon]

Yes you have to file a new claim. You can file for it as a primary condition if it is in your Service Medical Records (SMRS) or as a secondary condtion(caused by the lumbar spine.)

[Hogfan1978]

Gotcha.

Doing a quick scan of my service records, I found 3 records pertaining to my back. 2 were specified as lower back pain, and 1 was just backache. Non of them were specifically upper back in the cervical area. Looks like I will have to go with the lumbar spine sprain connection. Is this hard to prove?

I'm a little nervous that I'll mess up and screw my chances of getting my C-spine injury service connected....

Thanks.

[jbasser]

Do you have any records to show continuity of treatment on your neck?

You may have to prove that also.

It can be done but I think you are going to need a strong IMO or Nexus from an outside doc who can make your map your claim,

J

[Hogfan1978]

Jbasser,

No sir, this recent c-spine injury is the first problem I've had from my neck/upper back. However, my civilian doc attributes it to my on duty vehicular accident.

Having said that, I'm pretty discouraged. I don't see how it can be service connected since I didn't complain of my "upper" back or neck while in service. My lower back is all I complained about while in service and there was one appointment when I complained of just backaches and they prescribed me a back brace...but no upper back.

I just don't see how the Nexus can be obtained. Can neck injuries easily be caused by back injuries? How?

[jbasser]

The same accident or incident that caused your back injury could have caused a Neck Injury. Injuries to these areas that cause arthritis to occur will worsen with time.

A Doc need to rationalize this by medical literature to make a strong nexus.

The big thing here is since your injury, have you had any other accidents or injuries that the VA can use against you. (Since you were discharged)

If not and this is the only incident you have, then you may be in. remember it only has to at least as likely as not your neck condition was caused by the in service accident. (50/50)

for the benefit of the doubt to kick in. That sounds pretty simple, doesnt it. But ususally they fight it.

Hang in there.

J