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th175

Question

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?

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3 hours ago, Ken Dillon said:

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

Thanks I'll do that. I requested an in person hearing for my appeal and the DAV is representing me, so I assume I give all evidence to the DAV instead of uploading it to my claim on ebenefits.

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