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Cervical Radiculopathy Claimed As Secondary Condition!

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pelicanbrave

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I am a 50% vet with a claim for two conditions, Cervical radiculopathy as secondary to left knee surgery and chronic lower back pain as well. I was released in January 2000 and have had chronic back pain since before I got out. I went to a local ER in early December of 2000 with shoulder and elbow pain, numbness in hand and his opinion was that my conditions were consistent with cervical radiculopathy and for the last 14 years I have been in a whole lot of pain.I have been on meds for years as well. I have been going through pain management for two years through a private pain management doctor and before that the VA had me on methadone for over two years. I filed a claim back in 2010 but was denied because I was told I didn't have the condition in service or it had not manifested within a certain amount of time. I recently found in my medical records from 2000 where I was diagnosed with possible Cervical Radiculopathy. I heard that if the condition manifests within a year of discharge I could be considered service connected, Is that right or wrong? and if I am granted service connection will it be retroactive to 2010? I would appreciate any information I can get and thank you all! I can upload the doctor's report if that will help?

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3.307 : 3) Chronic disease. The disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen's disease (leprosy) and tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in paragraph (a)(2) of this section.

I can see it being rated if within this time period but I don't see it secondary to a Knee unless you lost balance and fell injuring the neck.

J

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