Should this be an appeal or a new claim?

[MOS13FOXTROT]

In 2005 I received service connection for a disc in my neck. The MRI showed only one at the time with problems. Then early this year a new MRI shows issues with every disc in my neck.

A new claim was put in for an increase that was approved for radiculopathy in my right arm but service connection for radiculopathy in my left arm was denied.

Part of the issue is the MRI shows stenosis in a different disc than the one for my service connected radiculopathy.

Should that be handled as a new claim altogether for the new damaged disc and then secondary radiculopathy or a NOD with corrections on the disc information?

 

Thanks

[Vync]

How long ago was the new claim denied? If more than a year, you would need to request it be reopened. If less than a year you can submit a NOD/appeal.

The VA is supposed to consider the entire cervical spine as a single segment (covering all vertebrae levels between C1 and C7). That means that they are SC'ing you for your cervical spine as a whole, not a specific vertebrae level. For example, if you had problems at one level, but then started having problems at other levels, you would not need to file for SC to have those levels SC also. 

Quote

Note (6): Separately evaluate disability of the thoracolumbar and cervical spine segments, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability.

 

It probably would not hurt getting an IMO from a specialist. However, it might be a good idea to see what others may recommend.

 

 

 

 

[MOS13FOXTROT]

5 hours ago, Vync said:

How long ago was the new claim denied? If more than a year, you would need to request it be reopened. If less than a year you can submit a NOD/appeal.

The VA is supposed to consider the entire cervical spine as a single segment (covering all vertebrae levels between C1 and C7). That means that they are SC'ing you for your cervical spine as a whole, not a specific vertebrae level. For example, if you had problems at one level, but then started having problems at other levels, you would not need to file for SC to have those levels SC also. 

 

It probably would not hurt getting an IMO from a specialist. However, it might be a good idea to see what others may recommend.

 

 

 

 

Thank you. The denial was just this month. 

[broncovet]

I dont think that a new claim, an appeal, and an increase are "mutually exclusive" of each other.  

Therefore, since VA loves to manipulate things to our detriment, why choose?  Do them all.  Making the wrong choice could cost you money  and or time in retroactive benefits.  File a Nod, ask for an increase, and file for a new claim, whichever works the best for you.  

I can not see how it would benefit you to "chop off" any of the above 3.  

[paulcolrain]

i agree with bronco. the only thing i would add is that make sure you describe in each what it is and why your applying new and describe a brief note on each so that the raters know what the other raters are doing or this will end up taking a long time .