Is This Going To Hurt The Claim

[jessie0054]

My son has filed a claim with the VA for Chronic back pain that progressed to back surgury with fusions at the L4-L5, L5- S1 levels with internal hardware.

While in the service he injuries his back twice. I just received [sOME] of his MSR which has only one of theses injuries in them. This one has where he was taken from the hanger by ambulance to the base hospital where he was diagnosed with " Acute Lumbar strain/spasm with Myospasm. An Xray was taken of L5 of the spine.

In the notes it is writen that " Pt has history of back injury" "Low back contusion without HNP 3 years ago in a football game" [ this was in highschool]

The Xray shows a ? L5-S1 narrowing space possibly from an old injury.

Is this going to hurt his claim for Chronic Back Pain and denie his claim??

Thanks in advance for your reply.

[carlie]

Jessie,

Here's some research info for you

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

Lots of info. for you - hope it helps.

carlie

[cowgirl]

My son has filed a claim with the VA for Chronic back pain that progressed to back surgury with fusions at the L4-L5, L5- S1 levels with internal hardware.

While in the service he injuries his back twice. I just received [sOME] of his MSR which has only one of theses injuries in them. This one has where he was taken from the hanger by ambulance to the base hospital where he was diagnosed with " Acute Lumbar strain/spasm with Myospasm. An Xray was taken of L5 of the spine.

In the notes it is writen that " Pt has history of back injury" "Low back contusion without HNP 3 years ago in a football game" [ this was in highschool]

The Xray shows a ? L5-S1 narrowing space possibly from an old injury.

Is this going to hurt his claim for Chronic Back Pain and denie his claim??

Thanks in advance for your reply.

Military injuries and surgery focus. military limb injury w/surgery, now SC w/%, chronic condition. SMR showed MEP doc and ER tech notes "patient" gave teenage history; First claim? C&P exam may ask for "early" history .

[jessie0054]

Military injuries and surgery focus. military limb injury w/surgery, now SC w/%, chronic condition. SMR showed MEP doc and ER tech notes "patient" gave teenage history; First claim? C&P exam may ask for "early" history .

Yes, This is a first Claim:

As far as a early history, This statement of a " Contusion, to the low back during a foot ball game " is the first i have heard of it. I don't remember him having any complaints of back discomfort after a game. He did roll backwards off a horse at a very young age [ about 3 years old i think], But no lasting problems that we were aware of!!

Jessie

[Magoo_Mr.]

.

Jessie:

The VA will probably TRY to make something out of that HS football injury.

But ... from what you have stated ... he does have a valid claim.

If the VA does make an award ... they will most likely .. "Low Ball" .. the claim at perhaps 0% to 20% ... and then just keep appealing it with some good medical records.

The important part is to make sure that it is ... "SERVICE CONNECTED" .... even if the initial disability is only 0%.

It takes time ... soooo ... just be patient and do not give up.

... Magoo .. aka .. Bill ...

.

[jessie0054]

Jessie,

Here's some research info for you

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

Lots of info. for you - hope it helps.

carlie

Thanks Carlie:

This is going to take alot of reading!!

Jessie

[Vike17]

Jessie,

The VA awards claims on the basis of the "Whole person" concept, which means that a person when inducted into the military was 100% fit. So, if there isn't any complaints ect... on his induction physical, he should be fine. However, if the VA is aware of his pre-service injury, it still would be considered service-connected and compensated as his military service "aggervated" his prior condition. Then the VA would award the difference in disability. For example, on his induction physical it noted a back disability of 10%. Then, according to the C&P exam, it notes a current disability of the back at, let's say, 40%. He would receive a 30% disability rating because of the difference in the amount percentage. His military service caused a worsening of 30% to his back.

I hope this helps!

Vike 17