Can Claimed Conditions Be Ammended? Or Do You Have To File A New Claim?

[gwvet90]

I have may have a big uuuhhhhoooo - I filed for a claim for L4-L5 fusion with sever back pain. I was also diagnosised w/degenerative disc disease (DDD) in service. I thought they were all the same thing - back pain.... but after researching - found they are very different....

I have sent in evidence & statements that included the the DDD = but after looking over my claim - I didn't specifically claim DDD....... I claimed L4-L5 fusion & back pain - which got denied because my surgery records are missing........... I just noticed this last night while reviewing my claim stuff that I hadn't actually listed DDD on the claimed conditions.

My claim has been in process for almost 2yrs - I don't want to miss the retro to my original filing date if I don't have too, but I don't want another denial - since all SR are missing on my L4-L5 surgery, however, the DDD IS in my records & easier to prove S/C & continued pain/disability.

So my delima/question -

1-Do I need to file a new claim specifically for DDD ?

2-Can I ammend my original claim to include DDD with the back pain L4-L5 fusion as a claimed condition?

3-Should I send a letter explaining I ment for them to all be in the claim - as I thought they were all the same thing?

Thanks,

gwv90

Edited August 14, 2006 by gwvet90

[Berta]

SSD ? for the same disability you claim SC for?

I hope they know this-

I will attach a TDIU form- if you get SSDI for the same stuff in your VA claims, and they service connect those claims, they should award TDIU at the 100% rate. Check Yes on # 18, expand in separate page and tell them you are attaching this page under Remarks part-not much room there, tell them about your meds affect to your employability-

TDIU_form.pdf

[Hoppy]

Wow,

It sounds like your claim needs a lot of development. There might be a requirement that you get the surgical recoords in one year and that is why the made a decision on a claim that was not developed.

Do you think it is possible that the surgery was exploritary and they decided not to do the fusion and just removed debris and disk material. I have heard of this.

I know veterans who were operated on in the military for blown discs and returned to full duty. I still think that you neeed to show a link to current symptoms and the in service surgery, if you were returned to full duty after the surgery. It is called a nexus letter. Have a doctor review tha SMR and your post service treatments and write and opinion that the current condition is more likely than not related to your inservice condition.

"Can I just send a letter saying I thought they were all one thing & if they are not then tell them to also consider that letter a formal request to open a new claim for DDD?" I think Berta answered this.

[Hoppy]

Correction "Show a link to the inservice DDD" not inservice surgery.

[Hoppy]

To answer the question about forgoing the surgery as evidence. I would submit all evidence you have including the surgery reports. I think that you claim would be based on the full evidence and thus not likely to be remanded. A post surgical claim sounds stronger to me. However, a doctor would need to review the SMR and make a nexus.