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Combined on original decision, separated on SOC, now a new claim needed?


Rivet62

Question

I had an original rating of 10% for DDD of my entire spine. Now on my SOC they have combined the DDD lumber and DDD thoracic as 10%, and now I just received a letter from the RO that they are asking me to file a brand new claim for cervical. It seems they want to question SC for cervical. Well the lumbar is most definitely SC, and the thoracic they SC'd because the back is the back (I carried too much weight in the service).

Why are they asking me to file a new claim for cervical? Is it to deny me SC for cervical? 

BTW, before the SOC I was at 84% actual, and now by magic I'm 82% actual. 

Edited by Rivet62
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1 hour ago, Rivet62 said:

I had an original rating of 10% for DDD of my entire spine. Now on my SOC they have combined the DDD lumber and DDD thoracic as 10%, and now I just received a letter from the RO that they are asking me to file a brand new claim for cervical. It seems they want to question SC for cervical. Well the lumbar is most definitely SC, and the thoracic they SC'd because the back is the back (I carried too much weight in the service).

Why are they asking me to file a new claim for cervical? Is it to deny me SC for cervical? 

BTW, before the SOC I was at 84% actual, and now by magic I'm 82% actual. 

Thoracic and Lumbar are rated together caveat that you can be rated for muscles and nerve issues.   The C Spine has it s own ratings and is rated individually.  So Thoracolumbar will be rated as one segment.  C Spine is rated separately. 

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2 minutes ago, ArNG11 said:

Thoracic and Lumbar are rated together caveat that you can be rated for muscles and nerve issues.   The C Spine has it s own ratings and is rated individually.  So Thoracolumbar will be rated as one segment.  C Spine is rated separately. 

It sounds like I need to try to establish service connection on the C spine.

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Having the  C spine added to the claim is a good thing, going on the premise that they will service connect, which without seeing your file I cannot say, however, it could be that they realized a mistake and now are including the cspine because of the medical documentation surrounding the injury.  This is not a bad thing if they are.  Multiple issues being taking into consideration is a good thing. But as a wise man told me you can't shoot what you cannot see.  Hopefully when the decisions come down it will be in your favor but no sense trying to figure out what is going to happen until they decide the claim.  I know it's nerve racking but hold man, hold.  Don't shoot until you see the whites of their eyes.

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  • HadIt.com Elder

I am rated seperately for both, 20% for lumbar/thorasic, and 20% cervical.  So, yes, they are probably looking at rating you seperately for the c-spine, which is great.

My only concern is, that the 10% ratings is/are from x-ray evicence.  The minimum rating, except zero of course.

They (VA examiner) needs to do ROM (range of motion) on both.  Minimum for ROM is 20% each.

Hopefully they do ROM at your c-spine exam, if not, request an increase on both,

Hamslice

 

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2 hours ago, Hamslice said:

So, yes, they are probably looking at rating you seperately for the c-spine, which is great.

But I have to prove the nexus, right? It's a brand new claim it appears.

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2 hours ago, ArNG11 said:

however, it could be that they realized a mistake and now are including the cspine because of the medical documentation surrounding the injury.

I hope so. It appears they service connected it before, but for things to be correct I have to file a claim I guess.

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