lumbosacral Va Is Trying To Hoodwink Me

[lamontino]

Hi there I probably have one of the most complex case(well VA made it complex)ever. At the rip age of 14 I went to an doctors appointment to try to figure out why my legs was hurting, the doctor said that I was having pain in my back or that where i was getting the pain from, I told him that my back didnt hurt at all(which is documented in that report) just my legs. Instead the doctor did x rays on my back(which the films are not available and the doctor is decease as of this date) revealing that I had bilateral spondylolysis at the L5 and minimal Grade I anterior spondylolisthesis L5 S1 no acute injury or other abnormalities are recognized. I was give Mortin 800 and sent on my way in life under the understanding that I could do anything or be anything I wanted to be in life. I later went to job corp and recieved a state high school diploma. I went in the military in May of 1986, fresh out of job corps and eager to get started with my new potential found career in the military(11 Bravo 10th Mountain Div. I did the entry exam, medical exam etc.... to past and get accepted in the military at that time I also disclosed to the examing doctor that I had previous had a leg problem assoiciated with my back which I took mortin 800(which is documented in that report). The medical exam ask if my back or legs was still bothering me? I told him no. And than did a physical exam of my back etc......He cleared me to go in the army.

Two weeks into basic training I fell off a wall that had a bottom pedastel on the bottom(like a wall with a patform at the bottom, I went to sick call there I was exam dianoise as having tender points at L2 and L5. I was given meds(800mg of mortin)and a rectal exam and release back to basic training. A couple of days later I twisted my back out of place by repeating standing up and down at a rapid speed(just before that my unit was low crawling with backpack on and marching). I than went to sick call again where I was seen no through xray was done again and sent back out to basic training. As we where bidwacking in the field I became sick with pain now in my legs, back,and stomach. I went to sick call where they but me in the hospital for a two days. I was release again this time I got only a culture of my stomach which revealed that I had esophastis and gastrisis and given a appointment to see the otho doctor at army martin hospital and sent back out to basic training again.

At the doctors office, at army martin hospial I seen a otho doctor whom dianoise me as having "chronic mechincal low back pain and giving me a permanent L3 Profile with no running or lifting". Diagnosis of Lumbosacral spine with bilateral spondylolysis L5.

I got a honorable discharge with a reenlistment code of RE-3. I tried to fight from being discharge without getting some type of disability through the IG office and met with a person whom never got back with me on the issues that I was trying to address.

I continue to have severe back pain and proceeded to my local VA office for further care. I did disclose to the doctor at local VA hospital of the condition in the military and prior to me being in the military. There I was given a c&p exam. I was given an exam of my back which the radiologic report now says "No evidence of spondylolysis or spondylolisthesis apophyseal and sacroiliac joints are unremarkable no fracture or dislocation(basically alot of the paperwork on that date of exam which was a month later after i was discharge wasnt done).

During my life at that time I didnt have a place to stationary live my life so I was basically homeless. I never heard back from the rating peoples about how, what, and if I was going to recieve anything from this injury. Until years later when I requested documents of my complete file.

Which claim they wanted me to come in for a RHEUM EXAM(once I found out that i was wondering why would they schedule me for a rheumary arthisis exam if they didnt find anything on the radiologic report revealing anything inreference to my back).

I tried for years to get benefits from the VA but was denied each time because they say that I had a diease prior to service and that through my life as of today I had two previous auto accident(which in those reports I never had injuried my back which is well documented)and the new doctor exam says that his etiology say that it is the natural course of the diease as to why I still in pain.

I did apply for SSI and SSA which I did get approved(which social securtiy only pays for one year prior to your filing of your claim meaning they dont go back to the orgin of the time you was injury or permenantly disabled)but in those reports The ALJ for got to put in about the onset of the injury I got in the military. BUt I know for certain it was discuss at my finally hearing on that tape record statement of the onset, in reference to my back.

Through the years my back condition worsen developing to fibermyloa as well as other delvelopments including depression. As of today I about to go to a travel broad hearing. Wondering if I could get some advice on what is what. Thanks for your help

[jbasser]

You are presumed to be sound when you enter service, Unless there is a documented pre existing condition.

[Berta]

you might well need an independent medical opinion that connects the dots for the VA -as to a pre-existing condition and whether the military aggravated that condition-

a real doctor can associate the inservice problems, and then link them to what is service connectable today-

Does VA have your SSA records- and do you- because their could possibly be an association in those records to your military service.

Also do you have your personnel records showing any time off or light duty for these problems as well as anything that is specifically listed in your SMRs?

Not as complex as you think- but service back injuries or back problems leading to more problems down the road need those medical dots connected real good-

[lamontino]

Thanks for you replay. No they didnt give me light duty or nothing. They just stuck me right back in the field of basic training and gave me pills to help with the pain they never gave me any type of rest or a light nothing until I got out of serivice. And those smr clearly tells that they did just that. The SSA report doesnt mention anything in reference to me being in the military but it mentions of my back problems and is mainly the formal contentions of me be approved for SSA and being that now I have develop Fibermoyla.Thanks again for your reply

you might well need an independent medical opinion that connects the dots for the VA -as to a pre-existing condition and whether the military aggravated that condition-

a real doctor can associate the inservice problems, and then link them to what is service connectable today-

Does VA have your SSA records- and do you- because their could possibly be an association in those records to your military service.

Also do you have your personnel records showing any time off or light duty for these problems as well as anything that is specifically listed in your SMRs?

Not as complex as you think- but service back injuries or back problems leading to more problems down the road need those medical dots connected real good-

[Pete53]

Even if you aggravate a pre existing condition in Service you are entitled to compensation. Berta was correct if you want to win this claim and I believe that you should you will need a Doctor to say that you have it, it was caused by the injury you received in Service and it has caused problems if you have been out of Service for over a year.

[SLEDGE]

To be pre-existing you will have to produce medical records that show the pre-existing condition.

Upon entry into the service they said you were ok. You have to prove that also.

Upon exiting the service you were given a diagnosis that covered the back pain, you have to prove that you complained of back pain and received medication for it while in training.

If you have the proof, get an outside ortho doc to pull it all together for you.

The VA can always find some schmuck that will lie about your current condition.

That's why you need the private sector, to supply REAL evidence.

sledge

[Flatbroke]

I went in the Marines in 1967. Found out I had spina Bifida of L5 and told the D.I.. They sent me to sick bay , xrayed my back said I had SB and sent me back to train. The Marines put me in heavy Artillary in Viet Nam. I developed spondylolysis and spondylolisthesis in the 13 months that I was in Nam. Then I was discharged AFTER the Navy docters found S & S on xrays. S & S WILL NOT show up on cat scans or mri's.

I fought the VA until 2004 when my attorneys father in law who teaches radiolgy at YALE University explained in a language that the VA could understand that I was entitaled to a service aggrated disability for S & S. I was originaly turned down one month after I was Honorably discharged for disability. I now carry a 20% because S & S are not listed on the ratings chart. And they only went back 3 years. I go in front on a board review Officer in Oct. Thats after filling a protest in Nov of 06. DONT give up brother it took me 30 plus years but I finaly got something. I am in the process of Agent Orange tests for PTSD, type II, sleep apena, increased disability on my back, breathing problems, and flat feet.