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Favorable findings supports claim

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dwbell99

Question

In the situation below, does the Favorable findings below support what is claimed?

CLAIMED: chronic L5-S1 disc degeneration & bilateral lower extremity sciatica are more likely due to abnormal gait caused by service connected left ankle disability.   

Favorable finding identified in this decision:
- Private examination for Dr. IMO opined that chronic L5-S1 disc degeneration & bilateral lower extremity sciatica are more likely than not less secondary connected (due to abnormal gait caused by service connected left ankle disability).

 

Edited by dwbell99
updated claim history
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  • Content Curator/HadIt.com Elder

SC requires the following:
1. Event/injury in service or existing SC disability
2. Current diagnosis
3. Nexus connecting 1 and 2

For 1, you have the existing left ankle disability

For 2, you have current diagnosis of chronic L5-S1 disc degeneration & bilateral lower extremity sciatica

For 3, you have what appears to be a solid nexus "Private examination for Dr. XXX opined that chronic L5-S1 disc degeneration & bilateral lower extremity sciatica are more likely than not less secondary connected (due to abnormal gait caused by service connected left ankle disability)"

The "more likely than not" and connecting it to your ankle are good. The medical rationale is a bit mild, but at minimum should qualify for benefit of the doubt.

 

Quote

 

REASONS FOR DECISION:
We have denied your claim for service connection for degenerative disc disease, lumbar spine (claimed as back) since this condition neither occurred in not was caused by service.

 

Well, it wasn't diagnosed in service or caused (directly) by service. However, per your doc, it was tied to your existing disability.

I think the VA reason to deny was pretty weak

 

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  • Content Curator/HadIt.com Elder

@dwbell99 It might be better to ask your questions here. The tinyurl link can present a security risky because we cannot confirm were it goes. If you prefer to ask a question privately, you could use the Messages feature here on Hadit.

@vetquest asked a good question. Sometimes it is easier to see exactly what the VA said. Just be sure to redact or black out your private information.

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1 minute ago, Vync said:

@dwbell99 It might be better to ask your questions here. The tinyurl link can present a security risky because we cannot confirm were it goes. If you prefer to ask a question privately, you could use the Messages feature here on Hadit.

@vetquest asked a good question. Sometimes it is easier to see exactly what the VA said. Just be sure to redact or black out your private information.

thanks, understand.  I sent 3 files to vetquest to peruse. Trying to limit the exposure to them. May send them as attachments later.  'The chat site is a free one on slack, just used the tinyurl to make posting cleaner

 

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