Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Cervical spine problems added as secondary to my lower back?

Rate this question


ESV12B

Question

Going through ebenefits today to submit a claim for my neck I came to the page with all the ratings. I am rated for my lower back and have never had any secondary condition for it. Today I see

1. Cervical strain
2. Neck strain
3. Multilevel degenerative disc disease
4. Disc osteophyte complex
5. Facet Syndrome

I have always had neck problems and have what I think is more than enough records while on active duty to prove it started only after I was in the military. It is documented when I enrolled into the VA but it never was something that stopped me from anything. Until last year it got a lot worse. And by the fall of last year I was having a lot of problems with my neck causing me pain, keeping me in bed, not being able to dress myself, couldn't drive etc. After a new xray from the VA in SEPT 2015 it had a few indication there might be some problems going on. At the end of the year I had a few days in a row where the pain worsened dramatically each day until I eventually couldn't move. Any movement caused pain. My wife took me to the VA ED in a different city than where I am normally treated and they gave me some stuff for the pain and to relax me. My wife wanted them to do a MRI but they couldn't they said since I was not at my assigned VA. Called PCP the next day for a MRI and 3 months later the VA had me seen. The problem was better the day of the MRI than it was 3 months prior in the ED but I still had lots of discomfort.

In between all this I established care with a private PCP 2 days after leaving the VA ED they had seen me and given me some injections and referred me to physical therapy. He also prescribed some medications. Fast forward to today and I am planning on making a claim after I have all my notes compiled to make it a less bumpy adventure with the VA and pretty much everything found in the MRI is now listed as a secondary to my service connected lower back.

Should I still file a new claim for my neck and list all the secondary's they have under my lower back rating? And should my rating percentage for my back have been looked at for possibly increasing it now that these secondary problems are added? or is this a way for the VA to rate the neck problems without having to compensate for another service connected disability. The original rating is unchanged after all these secondary's are added into it.

If so, is it better to have my lower back rating increased? Or to have a separate rating for my neck? And if it stays as a secondary condition under my lower back, can I still pursue treatment for it through the VA or will they consider treating my lower back since my neck is now secondary to that? (which blows my mind.)

At this point I have stopped going any further with the filing the claim. I have it started so it doesn't expire for a year. Just want to make sure I a m making the best choices.

Link to comment
Share on other sites

1 answer to this question

Recommended Posts

  • 0

I would just claim everything as NEW. If it isn't a new claim then the VA will change it to an Increase or Secondary. From what I read above, it sounds as though they already have all the information they need to rate you, but be sure to submit any private treatment records as well.

You may also want to get your private provider to fill out a Disability Benefits Questionnaire 21-0960M-13 and 21-0960M-14 for your neck and back. It goes a long way to shortening the claims process.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use