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Re-Injured Back During Reserve Annual Training

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oddball

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Hello. A friend of mine told me about this website and suggested I ask this question. Right now, I'm in the reserve, and on the 2nd week of my annual training. Last week, during a field exercise, I was lifting something heavy and threw out my lower back, and they put me on light duty for the remainder of my AT. Someone suggested I should file a claim with the VA, however, this is not the first time I've hurt my lower back. About three years ago I did the same thing while at home working in the yard, it was completely unrelated to military service, and not an any orders, and I've received care at the VA since then. I'm able to get free care at the VA since I'm 50% overall between a few different things. They did an MRI, and I've been to physical therapy, and it was mostly manageable over time, and I haven't been in physical therapy for over six months.

My question then here is: If I hurt my back three years ago, documented as outside of service, then will the VA grant service connection if I essentially re-injured it here while on annual training orders? I'm already service connected for conditions related to mid and upper back (rated as thoracic and cervical spine), and they are manageable through physical therapy and medications over the years. But this injury has been treated at the VA as lumbar spine, with some radiating pain down through the leg to the foot. I don't have any service connections for lumbar or leg conditions. My plan right now is to simply go back to the VA and tell them what happened to try and re-start physical therapy as I had been for the past three years for this issue. But I'm not sure what to do about VA service connection, or if that's even possible.

Thank you

 

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Hi Oddball Welcome to Hadit. If it was documented on your records, get a copy of them, including confirmation of your "light duty'. BY all means get treatment and PT. Ask the doc if this current condition is a result of 10 your existing s-c back conditions or, 2) an aggravation  of a pre-existing condition. Based, get it in your process notes. Then get an IMO from a specialist.; you are not a doctor so don't self diagnose. Aggravation is hard for the VA to dis-prove sometimes. 

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As always, you are gonna need the Caluza elements of Current diagnosis, in service event, and doc opinion those are related.  

This said, a "back injury" is a grey area.  Sort of like a GSW.  It may be fatal, or it could be so slight it barely caused a scar.  

Remember, the VA does not compensate us for those injuries, such as back pain that resolves itself and causes no symptoms in the future.  

VA comp is about "the degree of loss of earnings capacity" due to an in service injury.  If your back injuries resolve themselves and cause no further issues, then you wont be compensated for an injury with 0 symptoms in the future.  

It seems a bit premature to apply for VA benefits while still in service, however, there is a BDD plan to get benefits on exit.  

Remember, there is a huge advantage to apply for VA benefits within a year of exit from service.  

My advice is consistent with GB Army's:  Keep a copy of your records and then apply if/when your back flares up again.  

What was the "in service event" which caused your back injury?  Is it documented?  You should be thinking about how to document that "in service event", because VA will if you dont.  

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