Shoulders, Neck

[EODCMC]

I have the following disabilities rated by the VA:

• lumbosacral strain with degenerative arthritis and vertebral fracture 20% Service Connected
• right shoulder strain with glenohumeral joint osteoarthritis 20% Service Connected
• left shoulder strain with AC joint osteoarthritis and calcific tendinitis residuals of arthroscopic or other shoulder surgery 20% Service Connected

These stem from a parachute malfunction and later exacerbated by a fall with full diving equipment (dbl 90s). I had chronic shoulder pain my whole career. I continued to have this post retirement and the pain, numbness and some weakness advanced down both arms and hands. After seeking help in 2012, I got an MRI and nerve conduction study. The results were:

Cervical Spondylosis with Radiculopathy C3-C4, C5-C6, C6-C7 and there is evidence of a mild-moderate chronic right C6-C8 root lesions without ongoing denervation

The doctors intimate that this would have been evident if I had an MRI on active duty. My SMR indicates the requirement but one was never ordered. WWP, my VSO, thinks I won't get this service connected because I never complained about my neck. I disagree because the shoulder pain was also disguised the diagnosis and neck pain isn't always present and the shoulders, arms, and hands problems are resulting from the nerve damage. I have been on opiates for years and the VA is ordering a new MRI and xrays. Both doctors say this is consistent with the shoulder injury and could be an inadequate diagnosis while on active duty. I don't know yet, if I can get them to opine. Nevertheless, should I submit a NOD, new claim, Cervical Spondylosis with Radiculopathy secondary to the rated disabilities, vice versa, or some combination? I really am at a loss on how to proceed.

Thanks in advance for your comments. 

[EODCMC]

No comments...no worries. I am going to file a new radiculopathy claim secondary to the shoulder disabilities. 

[EODCMC]

Elders/Moderators...you can close this thread at your discretion.

[Carl the Engineer]

EODCMC,

Claim your neck pain secondary to your other degenerative issues.  You should get at least 10% for arthritis (x-ray) or more from range of motion.

I got my cervical and thoracic 20% each secondary to my service connected left shoulder.  Both degenerative and the more (20%) for ROM.

If the MRI that didn't happen during service will not work, go the degenerative way.  Seems arthritis spreads, LOL..

It worked for me,

Hamslice

 

 

 

[Carl the Engineer]

Also, I forgot,

Can't remember who on here gave me this advice, but,

Don't try and be too specific on your claim, as the VA will do exactly what you say.  I.e., if your foot hurts and you claim your dislocated big toe, that is what they are going to look at and only that.  If you tell them your foot hurts, they (VA) will have to do a little work and they may find more than your big toe.

I claimed foot pain on both my feet secondary to my right foot plantar fasciitis, and an increase for my plantar fasciitis.  I was denied the increase, but service connected for left Achilles tendinitis secondary and have free exam (x-ray) showing right ankle arthritis.  Which I am now going to claim.

So, I would tell the VA that your neck hurts, secondary to your other SC disability and see what they say.

FWIW,

Hamslice

 

 

[EODCMC]

Ham, thanks once again for sharing your knowledge of the VA system with me and reinforcing my decision to move forward with the secondary claim.

The VA seems to be a tangled web and I'm uncertain how the claim side dovetails with the health side. Hopefully not at all, but I'm skeptical. It seems like the staffs' have the veteran's pegged as mercenary or "gold diggers". Health and compensation are two different but important issues that are sometimes entwined. With that in mind, I feel I have to dot my I's and cross my T's to reduce the prejudice. 

Nevertheless, I truly appreciate the country that I was fortunate enough to serve.

[EODCMC]

All,

My claim for this was denied/Not Service Connected. I am waiting for the official letter. Never was there a more righteous request. I know my issues originated from a parachute malfunction where I was subsequently service connected for both shoulders and lumbar fracture. For the life of me I am stunned that they didn't see the connection. They didn't even deem it worthy enough to schedule me a C&P exam. I have never submitted a NOD. Should I request a reconsideration first. I am miffed and now resolved for the long haul.

Any advise would be greatly appreciated.