Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

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

Rate this question


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
Link to comment
Share on other sites

Recommended Posts

  • 0
1 minute ago, broncovet said:

Thus, you have some combination of these 2 choices:

1.  Comply with VA's request.  

2.  Throw the "challenge flag"..(challenge to the last referee call).  This means filing a CUE.  

I think I'll just comply with VAs request, since combining the C-spine and Lumbar was the error I can't correct. 

Link to comment
Share on other sites

  • 0
13 hours ago, Hamslice said:

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.

Now, I do think they are trying to rate it separately. I'm going post an answer to my own question, and answer Broncovet because the answer is in my service medical records.

Link to comment
Share on other sites

  • 0
17 hours ago, broncovet said:

Thus, you have some combination of these 2 choices:

1.  Comply with VA's request.  

2.  Throw the "challenge flag"..(challenge to the last referee call).  This means filing a CUE.  

Logic suggests that, if the military service caused injury on "some parts" of your back, then the same causal effects would likely apply to other portions of the back.  Dont expect VA to "do logic", however.  The VA avoids common sense and logic like the bubonic plague.  

Well guess what. I think I found the answer. Yes, your Option #1 is the best way to approach it.

Now, I do think they are trying to rate it separately. I'm going post an answer to my own question, and answer others here with the added to clarity, because the answer is in my service medical records. They are trying to rate it separately, because the evidence is in my service medical record. They goofed by combining the entire spine, but evidence of the entire spine is in my service medical record by the term "muscular pain of the back," said frequently in all the light-duty records (I had more than one). Low back pain specifically was only stated on the discharge examination. Light duty orders were from Ortho at the base hospital.  On my service entry examination (I was so young then, just turned 17) I had check-marked no back pain because I had no back pain.

All things considered, I believe they are trying to rate me separately for C-spine and they need VA Form 21-526EZ to do so, as a separate claim. My VA letter asking for the claim submission for C-Spine states they need that form to begin processing the claim.

Sure, they could deny it but if I cite my in-service medical record of that treatment together with the same current medical records that gave me the nexus in the first place then the chances are strong that they'll rate it separately, I hope.

Edited by Rivet62
Link to comment
Share on other sites

  • 0
11 hours ago, ArNG11 said:

Something don't jive.  With those segments mentioned what I wrote about the ratings applies. Thoracic and Lumbar is one segment, c spine is an independently ratable section on its own.   Then there is nerve ratings and muscles ratings. Which all would need EMG and nerve studies.  Take it slow and steady and make sure you go over the decision thoroughly.

Hi ArNG11, 

Now, I do think they are trying to rate it separately. Read my response to Broncovet because the answer is in my service medical records. They are trying to rate it separately.

I'll continue following the compressed nerves path over time for SMC criteria because I know I'll need that. It's getting worse.

Link to comment
Share on other sites

  • 0
12 minutes ago, Rivet62 said:

Hi ArNG11, 

Now, I do think they are trying to rate it separately. Read my response to Broncovet because the answer is in my service medical records. They are trying to rate it separately.

I'll continue following the compressed nerves path over time for SMC criteria because I know I'll need that. It's getting worse.

Nah that is great.  That is why I like and enjoy the forum. There are folks on here, that logic and knowledge prevails over wrongly targeted emotion.  I try to not comment of give advise when I get that way.  My emotions tend to cloud my judgment and experience and I get carried away because I have taken the crap the VA does personal.  It is a hard dance trying to be objective for me at times and I have to remind myself that it is what it is and not what I feel it to be, hopefully that makes sense.  

Link to comment
Share on other sites

  • 0
10 minutes ago, ArNG11 said:

There are folks on here, that logic and knowledge prevails over wrongly targeted emotion.  I try to not comment of give advise when I get that way.  My emotions tend to cloud my judgment and experience and I get carried away because I have taken the crap the VA does personal.  It is a hard dance trying to be objective for me at times and I have to remind myself that it is what it is and not what I feel it to be, hopefully that makes sense.

Exactly. Especially when it is an issue that caused a great deal of pain in one's life, and remains an open issue after all these years.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use