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Lower Back Claim - BVA hearing or new claim


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I asked a similar question some time ago but am confused about something still.

I have a BVA hearing waiting to be scheduled for my lower back claim. My original claim was filed as "lower back condition" and denied as "pre-existing scoliosis." 
 
My doctor has diagnosed me with DDD.
 
If I want to be rated for DDD and not scoliosis, do I submit a new claim? Or do I submit all evidence to the BVA hearing and tell them I want to be rated for DDD not scoliosis?
 
Thanks
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Just so you know, scoliosis and DDD can coexist. Theoretically you could have had prexisting back issues that exacerbate an SC condition but you never too have the other condition SC first. You claimed"condition". Did you have a diagnosis at the time? In any case you can't claim your back again with with a pending appeal for it. You'll get a denial at the local local level because of the pending appeal. 

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On 3/22/2021 at 8:57 PM, brokensoldier244th said:

Just so you know, scoliosis and DDD can coexist. Theoretically you could have had prexisting back issues that exacerbate an SC condition but you never too have the other condition SC first. You claimed"condition". Did you have a diagnosis at the time? In any case you can't claim your back again with with a pending appeal for it. You'll get a denial at the local local level because of the pending appeal. 

I didn't know what I was doing and VSO just threw everything at the wall. I had a diagnosis of scoliosis at the time but not DDD. They said scoliosis is preexisting based on the meps doc notating it but not doing any measurements.

 

Didn't have a diagnosis for ddd until after when I saw a private doc. 

 

So my plan is to get a nexus letter and medical evidence for the bva.

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