cervical/lumbar strain question

[Whodat]

Greetings all,

Has anyone file a claim for cervical or lumbar strain and has been awarded both?

The reason for this question is because a few years ago, I had a VFW rep had gone through my medical records and discovered I had neck and back problems while in service and filed cervical or lumbar straln. 

[Whodat]

Well, after the last denial, I had to lawyer up. Infact, April 24th, I have a DRO for Cervical or Lumbar Strain. Will see how this goes. Attorney don't get paid unless I win. 

[Vync]

On 3/30/2022 at 9:33 AM, jbasser said:

The Spine is divided into 2 segments. Cervical and Thoracolumbar. The Thoracic and Lumbar are combined. 

Yes, unfortunately... 

[Vync]

Yep, these can be tough to win. I had numerous back/neck injuries during service including a motor vehicle accident where the car was totaled. The VA started their rubber stamp denials by saying they were isolated treatment incidents and the term "chronic" was never used. The VA C&P doc said I had degenerative disc disease of minimal degree, plus noted ROM values which were above the 0% range, but opined they were not related to service. Years later I had several disc fail so I refiled, but the examiner opined less likely because I did not have a history of recent treatment. I visited a non-VA orthopedic surgeon, per guidance here on hadit, who reviewed my service records and opined "as likely as not". He cited a specific treatment after a fall during service as the cause for lumbar and a separate specific treatment of a neck injury for cervical. After that, the DRO approved both as separate conditions. Because I kept the claim alive for about five years, they granted the effective date accordingly. My advice is to not give up!

[El Train]

18 hours ago, Whodat said:

Well, after the last denial, I had to lawyer up. Infact, April 24th, I have a DRO for Cervical or Lumbar Strain. Will see how this goes. Attorney don't get paid unless I win. 

Ya, and they won't take the case unless they feel they can win.  You should be good.

[Vync]

1 hour ago, El Train said:

Ya, and they won't take the case unless they feel they can win.  You should be good.

They also factor in your current combined rating % and how much potential retro is at stake. I had several tell me they were not interested because their % of retro would not amount to much.

[Whodat]

I have been at 90 since 2018. Let's see how this goes. The hardest part is waiting. Sounds like it can take up to a year after the Judge's decision.