"lower back condition" denial

[th175]

I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing.

 

Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed

"2. Mild anterior endplate spurring, with disc heights maintained. 
 
3. Thoracic dextroscoliosis, measuring 22 degrees"

 

Which I'm told is indicative of degenerative disc disease and/or arthritis. However, I don't have any in service medical treatment records for my back because I never complained due to fear of losing my flight status as a pilot.

 

I'm being seen by a private sector doctor and getting facet joint injections and medial branch block. How should I appeal this?

 

Should I get a nexus letter stating the arthritis was caused by my service on active duty as a pilot? Or should I ask the doctor to tie my lower back condition in as a secondary condition to cervical strain or shoulder problems?

[brokensoldier244th]

They don't have to do a full c and p. VA would have your MEPS exam- when we do claims for the first time we order all STRs from all sources we can find them. VA may still schedule a C and P it depends on how much detail your doctor provides. 

 

[Akskycowboy]

Here’s the DBQ’s that the VA made unavailable to the public.

 

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-offers-va-disability-benefits-questionnaires
 

Also google “VA Scoliosis secondary to” , there are many VBA peals citations that pop up that you might find helpful in building your case.

From what I’m reading, your scoliosis is possibly being aggravated by your service connected lower back strain.

[Ken Dillon]

I don't know what you flew, but if you flew helicopters there is some studies both by the Army and the Navy stating how bad the vibration and seating in helicopter that is bad for your back and neck. If you used NVG's there are studies again in both Army and Navy how much stress that is put on your back, and neck. I know. There are also statements that will say pilots and aircrews will not go to medical help in fear of loosing flight status and loss of money.

Ken

[Ken Dillon]

https://apps.dtic.mil/dtic/tr/fulltext/u2/a568350.pdf this lower back pain for rotary crews US Army.

[th175]

3 hours ago, Ken Dillon said:

https://apps.dtic.mil/dtic/tr/fulltext/u2/a568350.pdf this lower back pain for rotary crews US Army.

Amazing thank you. I flew blackhawks. Should I mention that I did not seek medical help for my back in service for fear of losing flight status? How would I go about adding that to my claim?

[Ken Dillon]

th175 for that article you have to down load it and scan it into you claim, since you flew Blackhawks I take it you also flew with NVG's? There are articles in Navy Times  that will help your case.  Have to do you home work, I flew Ch46's 

 

Ken