I don't agree with the recent rating decision. What can I do?
DBQ: Service Connect Neck Condition
The claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury,
event, or illness.
Rationale: Review of C-file notes that veteran had 2 cervical neck pain evaluations during active service (1970 and 1996) that appears
to be of limited duration as there are no ongoing complaints of neck pain after the evaluations. It was not until an 2004 when an MRI of the cervical spine was obtained due to arm pain/numbness that cervical DDD at C3-C4 was noted. On a cervical CT done in 2012, it noted of multilevel degenerative changes of the cervical spine that was reconfirmed on MRI in
2013. Review of medical literature notes that the degenerative changes are more likely as not a consequence of aging rather
than the few documented neck pain complaints during service.
Further, his fall noted in 2013 with complaint of neck pain was also not related to his complaints of stiff neck and neck
pain during service as he had existing degenerative changes of the cervical spine that undoubtedly existed prior to his
falls. Therefore, his multilevel DJD of the cervical spine is less likely as not incurred in or caused by the claimed
in-service injury, event or illness of stiff neck or neck pain.
Question
chiefhouse00
Greetings
I don't agree with the recent rating decision. What can I do?
DBQ: Service Connect Neck Condition
The claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury,
event, or illness.
Rationale: Review of C-file notes that veteran had 2 cervical neck pain evaluations during active service (1970 and 1996) that appears
to be of limited duration as there are no ongoing complaints of neck pain after the evaluations. It was not until an 2004
when an MRI of the cervical spine was obtained due to arm pain/numbness that cervical DDD at C3-C4 was noted. On a
cervical CT done in 2012, it noted of multilevel degenerative changes of the cervical spine that was reconfirmed on MRI in
2013. Review of medical literature notes that the degenerative changes are more likely as not a consequence of aging rather
than the few documented neck pain complaints during service.
Further, his fall noted in 2013 with complaint of neck pain was also not related to his complaints of stiff neck and neck
pain during service as he had existing degenerative changes of the cervical spine that undoubtedly existed prior to his
falls. Therefore, his multilevel DJD of the cervical spine is less likely as not incurred in or caused by the claimed
in-service injury, event or illness of stiff neck or neck pain.
Best Regards
Chiefhouse
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