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

[Rivet62]

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 January 29, 2022 by Rivet62

[blahsaysme2u]

5 hours ago, Hamslice said:

Looks like someone has what we are looking for!,

how we get it! hahaha

 

[Mr cue]

3 hours ago, ArNG11 said:

How is a claimant supposed to know that they need to claim the neck , the thoracic &  the lumbar sections, the  nerve ratings for Radiculopathy and muscle issues like muscle spams and the such. Granted this would fall on your symptoms and complaints, and what the medical records show what was injured, however, would this not fall under the Duty to Assist in some fashion. You know helping the claimant to develop the claim.  The VA is supposed to know the regulations and the laws surrounding a claim,

 Well as for me that why I never try an play doctor when I put in a claim.

I just put neck condition hand condition elbow. When I claim.

I had medical records with all these different condition on them.

I let the va do there job a get it right.

I always feel when a veteran  put a condition down the va will only address that condition. Which you claim.

 

[Rivet62]

1 hour ago, Mr cue said:

 Well as for me that why I never try an play doctor when I put in a claim.

I just put neck condition hand condition elbow. When I claim.

I had medical records with all these different condition on them.

I let the va do there job a get it right.

I always feel when a veteran  put a condition down the VA will only address that condition. Which you claim.

That is probably the very first and most important thing a veteran should be aware of. I think I could have been more generalized in my initial claim. I know now that it is very important to not be too specific.

I couldn't understand what was going on with my back claims because the attorney was not communicating with me. When I first started with the attorney he had a great paralegal and I was given copies of everything they submitted to the VA. Then in the last two years it has not been so good. I have really been in the dark.

I had stated scoliosis and pinched nerves on the original claim. VA rated the whole spine as disc degenerative disease. Then VA separated the spine when they were responding to the NOD. I guess the VA saw their error at that time. Now I realize that I am on a good path toward higher ratings because the C-spine rated separately.

 

Edited February 1, 2022 by Rivet62
Brain not engaged

[ArNG11]

8 hours ago, Mr cue said:

 Well as for me that why I never try an play doctor when I put in a claim.

I just put neck condition hand condition elbow. When I claim.

I had medical records with all these different condition on them.

I let the va do there job a get it right.

I always feel when a veteran  put a condition down the va will only address that condition. Which you claim.

 

Yes you are perfectly spot on.  It's ,  well it is my problem,  I tend to over research and play doctor and lawyer wanna be in some respects as I know the oaths that these folks take or are supposed to take and abide by but seem to come up short.  Then add the fact that, the average person ( if may say you and I, well US) have to navigate the crap that is the system and its pitfalls.  There is so much you need to know and so much you need to not state specifically to be successful in this game that is the VA benefits system. Also knowing how to read can be a great asset.  Again I owe thanks to this forum and it members because they can honestly unbiasedly interpret its rules, regulations, and laws. In turn I get a better understanding of how it applies to my claims and when I can help others do the same.  Plus it helps that each of us has a bone to pick with the VA in some fashion or another.   I just wish I could turn the emotion chip off and let the logic and reasoning  chip take full command.

My contentions follow, apply when they, the VA doesn't get it right,  At times the BVA has a better track record, heck the CAVC has a better a better percentage , and I opine the Supreme Courts eventually step in and get it right, however, it is when they don't that is the issue with me and I am sure thousands of other claimants.   

I, in my opinion, just my opinion folks, would love to figure how to get "THEM" to be accountable for the wrenches that are thrown in the gears.  Better analogy, ever seen what a bolt does to a turbo fan when it gets sucked in through the intake?  It is a bloody mess.  I sometimes feel like they through buckets into the intake, when steps forward are made.  This is just my crazy interpretation of the struggle. Take it with a grain of salt please.  

[Rivet62]

25 minutes ago, ArNG11 said:

I, in my opinion, just my opinion folks, would love to figure how to get "THEM" to be accountable for the wrenches that are thrown in the gears.  Better analogy, ever seen what a bolt does to a turbo fan when it gets sucked in through the intake?  It is a bloody mess.  I sometimes feel like they through buckets into the intake, when steps forward are made.  This is just my crazy interpretation of the struggle. Take it with a grain of salt please.  

VA reminds me of something I experienced in my past.

I remember when I stayed in the Philippines after discharge, and I had to renew a visa. My encounter with the PI embassy in Manilla was like watching paint dry... And the appearance of their method of organization (paper era before computers) was not confidence inspiring. Which stack? What stack? It's there in that stack. No it's under your chair.

All a cluster f...and I was told come back at 4:30 before we close. And if they didn't have it done well then I just drive the 80 miles back some other day.

[Rivet62]

35 minutes ago, ArNG11 said:

Better analogy, ever seen what a bolt does to a turbo fan when it gets sucked in through the intake?

I've seen the before and after  in the engine shop. I made sure of my rivets. We had to walk the flight line every morning for 'FOD'.  My hearing loss and tinnitus claims are result of no ear plugs, direct order of the Wing Commander, to prevent FOD. They didn't have enough of the hearing protection headsets so we started using those little foam push-in plugs. The Wing commander shut that action down.