Neck Condition Rating Decision 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

[Navy04]

I don't think that there is much grounds to challenge. Basically, you were like a lot of Service Members, were we acted like nothing was wrong with us and you did not continue to seek medical treatment for you spine. I did the same thing, I had two knee surgeries, hurt my back and shoulder in Afghanistan and all the navy did was XRAYs, which of course showed no breaks. I just medically retired last year, and three weeks ago I had MRIs on all at the VA, and guess what now I am going to have surgeries on both knees, shoulder, back and neck. Since is has been less than a year, now I have to submit an NOD to the VA for these claims, when I should have just sucked it up on active and seek treatment, instead of spending the last 5 years in OIF/OEF. Good luck to you, go talk to your VSO or DAV whoever you have and see what they say. God bless and keep up posted bud

[63SIERRA]

its not fair how they deal with us as we are not doctors. for years I thought carpal tunnel was causing my hands and arms to feel like needles and pins and fall asleep and go numb when I slept. then I found out my neck is jacked up, and pinched nerves in your neck can cause your arms to fall asleep. I would have never thought it worked that way until a doc told me. Now I can recall arms going to sleep while sleeping on a hard asre cot for 6 months in Iraq.

Theyre no way in hell they will take my word for it and service connect me, even though it is still occuring. Our word means NOTHING to the people at the VA. They look for ways to prove you wrong than prove you right. Thats the reason for the backlog. They spend way too much time looking for ways to deny claims.

Yes there are pople gaming the system, but I bet the number is very low, compared to legit claims.

Yet the govt gives out SS like a birthright.

[71M10]

Chiefhouse,

I see you have 80% already, do you have SC on your thoracic spine? If so, do you have kyphosis or scoliosis? If you have SC for Thoracic spine and kyphosis or Scoliosis in that segment you should be able to get your Cervical Spine issues connected on the basis of Malunion of a joint. Look at Painful motion 4.59 in section 4 of CFR 38.

If your T spine is pitched forward or to the side, this will cause abnormal strain on your cervical spine.

If you don't have an alignement issue, then I would comb your SMR's and look for any x-ray reports that may demonstrate DJD or Arthritis onset in service. DOuble check and make sure that they didn't "miss" something.

Best regards,

[jbasser]

Neck injuries at a young age show up later as we age. Traumatic Arthritis is what it is called.

You can beat this by providing a Good IME doc with the timeline and records. I suggest getting all of your Xrays and Mri scans together.

There is only one doc I know who can help you. That would be Dr Bash. He is a NeuroRadiologist. He can read your films , old and new and make a map to service connection if yiou have these items.

J

[71M10]

I seem to have a post that went missing.

I saw in another post that you are SC for TBI. in the accident/occurance that gave you your TBI, was there any chance you hyperextended your neck? You could have received a soft tissue injury that compromised your necks normal functioning that either directly caused the DDD or excaburated it. You would probably need an IMO, but I can see a possible rational reason for secondary service connection via a TBI.

[chiefhouse00]

Greetings

The statement and claim decisions I received from the VA.

We (VA) made a decision on your claim for service connected compensation received on April 27, 2012. Although we have not changed the way we consider and decide claims, we have changed the way we inform you of our decision. This single streamlined notice includes the essential information previously contained in a separate rating decision. This letter constitutes our decision based on all issues we understood to be specifically made, implied, or inferred in that claim. This letter tells you about what we decided.

Medical Description: Headaches

Denial Reason: We did not find a link between Headaches and military service. The evidence does not show that your condition resulted from, or was aggravated by, a service-connected disability.

Explanation: While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. There was no continuity of symptoms from service to the present. Although your service treatment records show one complaint of headaches in December 1969, there are no other records of headaches in service or following service until September 2011, which shows headaches due to elevated glucose; there is no indication that your headaches are due to a service-connected condition.

Medical Description: Neck stiffness

Denial Reason: We did not find a link between Neck stiffness and military service.

Explanation: The VA medical opinion found no link between your diagnosed medical condition and military service. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. There was no continuity of symptoms from service to the present. Although service treatment records show evaluations for neck stiffness and pain in service, the examiner opined that your current cervical spine degenerative changes diagnosed in 2004 is less likely as not incurred in or caused by the neck pain and stiffness in service and more likely a consequence of aging. Furthermore, it is not related to the recent fall in 2013 because degenerative changes existed prior to that fall.

Here is the history (including onset and course) of the Veteran's cervical spine (neck) condition:

5/22/70 - note that states still painful and ordered c-spine xrays.

5/22/70 - xray with interpretation of no significant abnormality.

5/27/70 - note that states c-spine films negative, still painful.

6/12/96 - eval for neck pain/stiff neck x 1 week with assessment of cervical strain/sprain.

2/1/2000 - Rating decision denying SC for stiff neck.

6/3/01 - ER eval for neck pain x 3 days with assessment of wry neck.

7/29/04 - MRI C-spine with impression of degenerative disk disease at C3-4 which contacts and mildly deforms the anterior surface of the cord as detailed.

8/18/06 - eval for neck pain x 1 day with assessment of cervicalgia.

4/3/12 - CT cervical spine with impression of multilevel degenerative changes of the cervical spine without acute osseous abnormality.

1/18/13 - VA eval that reported of LaC while standing 1/18/2013, fell backwards and was out for 2 min with neck pain.

1/19/13 - MRI cervical spine with impression of 1. no evidence of acute ligamentous injury as queried and 2. multilevel degeneration of the cervical spine, most severe at the C3-C4 and C7-T1 levels as above.

Best Regards

Chiefhouse

Edited January 22, 2014 by chiefhouse00