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Most Common VA Disabilities Claimed for Compensation:
You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons …Continue reading
I got my "white" envelope, guess brown is out of style now. I was declined for DJD of Cervical spine(not service connected). Reasons were:
1. The evidence shows that cervical spine arthritis existed prior to service. There must be objective evidence of worsening of a pre-existing condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service.
2. VAMC exam conducted on August 18, 2014, notes that you were treated for and diagnosed with DJD of the cervical spine with radiculopathy on March 20, 2009, which was 5 months prior to your active duty service of August 4, 2009.
3. VA exam conducted August 4, 2014, notes that your cervical spine arthritis was not aggravated by your military service,
Facts
1. excerpt from C&P exam: 2. Medical history
------------------
Describe the history (including onset and course) of the Veteran's cervical spine (neck) condition (brief summary):
veteran had sustained a vehicle accident while on orders 5 months before he deployed in Iraq ,it was a rollover accident. he was stationed in
Wisconsin and he believe he had normal cervical spine X-ray they were reporeted normal, without a fracture and it's only during deployment in 2- 3 2010 that he complained of bad neck pain and numbness in hands in Monterey VA in 2014 they had X-rays of his shoulders and was told that
his issues were coming from his neck , he had neck arthritis ; he was sent to TMC while in Iraq and complaining of his neck and was told that neck was
ok to continue his duties and he did current symptoms are constant 6/10 pain , and if turns his neck shoots to a 8/10 and disrupts his sleep. Re his MOS he was in transportation with lots of driving heavy truck and as well a s lifting daily about 35- 50 lb. daily plus all they usual weight they had to carry on ther back.
TYPE OF MEDICAL OPINION REQUESTED: Direct service connection
OPINION : Direct service connection
Does the Veteran have a diagnosis of (a)neck condition that is at least as likely as not (50 percent or greater probability) incurred in or caused by
(the) long term wear of ACH and poor road conditions while serving in Iraq? Rationale must be provided in the appropriate section.
c. Rationale: REVIEW OF VISTA WEB 3/20/09 SHOWS EVIDENCE OF THE ROLL OVER ACCIDENT; C SPINE X-RAY WERE TAKEN AT THE TIME WITH EVIDENCE OF MILD DDD AS WELL AS EVIDENCE OF WHIPLASH INJURY AS TYPICAL REPORTED FINDINGS WHICH IS A
RISK FACTOR FOR CHRONIC NECK ISSUES AND DJD/ DDD WITH RADICULOPATHY
No exam notes in my record show it was not service connected, no exam on August 4, 2014
They were given my detailed record of retirement points to verify any active duty or drill dates.
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Question
ctbenja1015
I got my "white" envelope, guess brown is out of style now. I was declined for DJD of Cervical spine(not service connected). Reasons were:
1. The evidence shows that cervical spine arthritis existed prior to service. There must be objective evidence of worsening of a pre-existing condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service.
2. VAMC exam conducted on August 18, 2014, notes that you were treated for and diagnosed with DJD of the cervical spine with radiculopathy on March 20, 2009, which was 5 months prior to your active duty service of August 4, 2009.
3. VA exam conducted August 4, 2014, notes that your cervical spine arthritis was not aggravated by your military service,
Facts
1. excerpt from C&P exam: 2. Medical history
------------------
Describe the history (including onset and course) of the Veteran's cervical spine (neck) condition (brief summary):
veteran had sustained a vehicle accident while on orders 5 months before he deployed in Iraq ,it was a rollover accident. he was stationed in
Wisconsin and he believe he had normal cervical spine X-ray they were reporeted normal, without a fracture and it's only during deployment in 2- 3 2010 that he complained of bad neck pain and numbness in hands in Monterey VA in 2014 they had X-rays of his shoulders and was told that
his issues were coming from his neck , he had neck arthritis ; he was sent to TMC while in Iraq and complaining of his neck and was told that neck was
ok to continue his duties and he did current symptoms are constant 6/10 pain , and if turns his neck shoots to a 8/10 and disrupts his sleep. Re his MOS he was in transportation with lots of driving heavy truck and as well a s lifting daily about 35- 50 lb. daily plus all they usual weight they had to carry on ther back.
TYPE OF MEDICAL OPINION REQUESTED: Direct service connection
OPINION : Direct service connection
Does the Veteran have a diagnosis of (a)neck condition that is at least as likely as not (50 percent or greater probability) incurred in or caused by
(the) long term wear of ACH and poor road conditions while serving in Iraq? Rationale must be provided in the appropriate section.
c. Rationale: REVIEW OF VISTA WEB 3/20/09 SHOWS EVIDENCE OF THE ROLL OVER ACCIDENT; C SPINE X-RAY WERE TAKEN AT THE TIME WITH EVIDENCE OF MILD DDD AS WELL AS EVIDENCE OF WHIPLASH INJURY AS TYPICAL REPORTED FINDINGS WHICH IS A
RISK FACTOR FOR CHRONIC NECK ISSUES AND DJD/ DDD WITH RADICULOPATHY
No exam notes in my record show it was not service connected, no exam on August 4, 2014
They were given my detailed record of retirement points to verify any active duty or drill dates.
**********************************************
Thoughts?
Edited by ctbenja1015 (see edit history)Link to comment
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