How to service connect back injury

[Rev. Perry]

I have military documentation where I went to the emergency room for falling off a fuel tanker onto concrete on my back and fracturing my wrist. I originally filed a disability claim documenting this injury to my back and was denied. This incident happened in 1986 and in 1994 I had my first back surgery involving a disc. Since then I have been to the VA doctors about my back and had epidural shots to help with the pain, I have had a spinal fusion on the L4 and L5 and I am still under the care of a Spine Doctor for the pain I have everyday. What is the best way to file for an increase in my disability? I am 70% at this time. I have also had knee replacement surgery. Thanks Perry Whitaker 

[brokensoldier244th]

Did your LOD mention your back or just your wrist? Did you also have your back looked at, then? Backs decline with age, so anything you can tie your back to that happened then is going to help alot.

[kanewnut]

You need a copy of your C-file. You can see what your SMR's say about the fall and go from there.

[Richard1954]

I suggest you get a copy of you active duty medical records.. once you do this go thru them and look for any and all injuries or diseases diagnosed on active duty. Then take those records, and ask a doctor to opine as to a nexus... the doc must use the term as likely as not, or more likely than not,  that this injury ( back, knee, what ever) or disease was diagnosed on ( date) and  his continuing  problems are more than likely or as likely as not connected to the in service condition, injury etc.. He must use sound medical  information to back up the statement and he must say that he reviewed the active duty medical records.   Without  an independent medical opinion to tie your service injury to your current problems its unlikely that you  would get service connection since its been so long since the original injury. Also if there is only one medical entry its likely that it won't help unless you can show medical treatment continued after the initial injury .

I injured my back on active duty in 1974,  I continued to have serious problems with my back at least once a year and sometimes more  and it would lay me out for days if not weeks at a time.. I retired in 1986 and got a 10% rating... it was increased to 60% in 1999.. my point is you have to show that the injury hindered you  many times over the years.... 

 

Best of luck