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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44382
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was in the Royal Australian Navy and was injured while

Customer Question

I was in the Royal Australian Navy and was injured while travelling to HMAS Lonsdale Naval Base, Victoria in 1977. I suffered injuries to my back and neck. I have been receiving free chiropractic treatment provided by the DVA for the last 25 years for my Cervical, Thoracic and Lumbar Spine. The DVA only recognises my Cervical Spondylosis. The DVA regularly received reports from the Chiropractors about the treatment and paid for the treatment. Is the treatment for my entire spine an acceptance of the injuries to my entire spine.
JA: What state are you in? It matters because laws vary by location.
Customer: The accident occurred in Victoria. I now reside in Queensland
JA: Has anything been filed or reported?
Customer: I have had one unsuccesful Veterans Review Board Hearing. I was informed by the Review Board that although the DVA paid for 25 years of treatment, and continue to do so, this was not an acceptance of injuries to my total spine.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Thank you, ***** ***** can recommend anything else I should include.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 2 months ago.

Good Morning

DO you have medical evidence that the further deterioration is a direct result of the injury?

Customer: replied 2 months ago.
I have the evidence, X-rays and Chiropractic reports. The DVA informed me that although they paid for 25 years of chiropractic treatment, this was not an acceptance of the injuries to Thoracic and Lumbar spine
Customer: replied 2 months ago.
I am now in continual pain, and cannot work. I am 62 years of age.
Customer: replied 2 months ago.
I just need this opinion to decide if I will proceed with any action.
Expert:  Leon replied 2 months ago.

Good Morning

You need to get a detailed medical report that confirms that the increased pain is directly linked to the initial injury.

An Xray is not enough.

What do your doctors say is the cause of this further damage, do they link it to the initial injury or not?

Customer: replied 2 months ago.
pain linked to initial injury. DVA reject lumbar spine as a pars 4 defect. My Orthopeadic surgeon differs in opinion.
Expert:  Leon replied 2 months ago.

Good Morning.

If your surgeon does not agree that it is linked to the injury you have a problem.

He is the expert that you have to rely on.

Why is he of another opinion and what does he say is the cause?

Customer: replied 2 months ago.
DVA Surgeon advised injury to lumbar spine could be either as a result of the accident or a pars 4 defect. My surgeon believed the Lumbar injury was as a result of the accident. Does the DVA paying for the treatment for 25 years of Cervical, Thoracic and Lumbar spine constitute an acceptance of the condition.
Expert:  Leon replied 2 months ago.

Good Morning

Your surgeon has to prepare a detailed report and has to be prepared to give evidence and cross examined on his finding.

This is what is required.

I am not sure how long you have to appeal the decision of the board but this has to be done ASAP and you should get solicitors that deal with personal injury claims to assist and get the evidence together but you require a detailed report to be prepared.

Providing the X-rays only does not give evidence that it is connected to the accident.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.