Appeal Status

[luvHIM]

My question is related to my claim that is in appeal status. I received a call from NSO (who BTW is not local and local chapter usually can't answer questions for me because they "don't know") informing me that my C-file is with the "Appeals Officer." NSO went on to suggest that this is good because "we" are right where we should be at this point. Stated "Appeals Officer" will review the file and has the authority to decide the claim, if I have a case, without the need for a hearing. I've been waiting to be assigned to the list for a travel board hearing. Did not make the list this year but was informed I should be on it for next January 08.

So, my question is: how often does an Appeals Officer or DRO, if the terminology is interchangeable, decide a claim in favor of the veteran without the need for a BVA hearing?

I've searched the hadit.com website in order to avoid a new thread on an old topic. But I was unsuccessful in finding anything that specifically addressed my question. So, if this is a repeat question, in advance, please forgive me. Thanks for your assistance.

Edited July 18, 2007 by luvHIM

[luvHIM]

Berta,

Thanks for your reply. I'm new to the forum and have never really introduced myself or gave a brief on my situation.

So, here it is. I was service-connected in 1984 for a back injury at 0%. I was married to military, as well, and continued receiving treatment for my low back pain that was progressing to my thighs, buttocks and feet. Condition seem to go into some sort of remission and I simply continued to use OTC for the intermittent flares. In 2000, I ended up in at a Urgent care facility with extreme neck pain for no apparent reason. In 2001, I had another reoccurring episode with my back and leg pain. This time my employer sent me to there docs. I was x-rayed and had physical therapy for 4 weeks. In 2003, I couldn't ambulate at all. My brother in law rushed me to the VAMC where I was diagnosed with Ankylosing Spondylitis and told that my SED/CRP was elevated; I tested positive for HLA-B27; my SI (sacroiliac joints) were fused bilaterally, sclerotic and eroding; I had severe osteoarthritis of the knees bilaterally and the cervical spine at C3-C4; and both shoulders showed synovitis, tendonitis and bursitis with a 50% tear in the right shoulder. I had a positive TB skin test but am not with the disease but on INH nonetheless. The condition is a progressive condition, which explains why it was not detected in service. Additionally, it is not "supposedly" common among women. Rating examiner noted that it would have been a difficult diagnosis to make and probably not made due to my gender.

Since that time (2003) radiographic evidence presented (2005-2007) active disease and progressing. But, for whatever reason, VA rheumatologist jumped on a different band wagon and began treating me for secondary Fibromyalgia and nothing else. So, I went outside the VA and have a new rheum treating the Ankylosing Spondylitis.

I filed a claim for a rate increase for sc back injury that the VA was describing as lumbosacral strain, chronic. Claim in 2003 was denied. I filed a motion to reconsider. It was again denied in 2004 (after the rating exam concurrence). I filed an NOD and requested a DRO hearing with my rep. Nothing. Then in 09/2005, I received an SOC and attached form 9. The SOC stated that there was a de Novo Review in July 2005. At any rate, I filed the attached form 9 to appeal in October 2005. I received a docket number in November 2005, which is when VARO said they received the form 9.

Now hear I have sat for almost two years, since the filing of the form 9, waiting on a hearing before the BVA. I have never received a SSOC. I have never had a hearing or meeting with the DRO and my vet rep. Nothing. When I inquire about the process, I get a bunch of rhetoric that makes no sense.

According to the Department of Veterans Affairs, Director Compensation and Pension Benefits Administration, I do have a "Valid" claim. Additionally, I have had the support of a LTC out of Washington and supplied all correspondence in support of my claim. My previous post to JSM754, indicates the IMO's I have supplied. Not to mentiion, I am also enrolled in the GERI chronic pain managment clinic. I was awarded SSD and declared Totally and Permanently disabled with the decision based in whole on my VAMCMR.

It appears that no matter how many of my physicians (VA and otherwise) have stressed the importance of understanding that this disease is progressive and can take up to 20 plus years (in some cases) before radiographic evidence appears abnormal, the VARO is still denying me a rate increase because they state there is no nexus. But according to Part 4 4.66, which states the lumbosacral and sacroilliac joints are to be treated as one anatomical region for rating purposes; and DeLuca v Brown (pain on motion) they are WRONG.

What makes it so bad is that I have a copy of my friend's decision out of WA and he had the EXACT same scenario and is now receiving 100%. He was sc for lumboscral strain. Found out he had Ankylosing Spondylitis; and was awarded sc for lumbosacral strain due to Ankylosing Spondylitis. So you talk about your VARO inconsistencies. I know all too well.

Again, thanks to all of you for responding. It is greatly appreciated. Berta, I will take your advice on possibly filing a complaint with General Counsel. I do believe my DAV rep has been a hindrance in my claim by his lack of support and or advisement on properly developing my claim.

Edited July 19, 2007 by luvHIM

[Berta]

This is most concerning to me. Glad you told us the whole 9 yards-

"Claim in 2003 was denied"

I am going to assume this claim was filed after Nov 2000?

If so

Did you receive a legal VCAA letter that clearly stated what you needed to send to the VA?

Did your rep give you a TDIU form 21 -8940 to make formal application for TDIU (100% rate) the SSA records should support that if solely for the Sc conditions.

I hope your rep knows that a vet can request TDIU even if they are "0" or NSC-and if the medical evidence warrants it the VA will award TDIU.

I helped a vet with NAda sc gets TDIU in 4 months.

The BVA I-9--I suggest you call the BVA-

1-202 565-5436-or the number they might have put on any correspondence to you-

and see what the status of the appeal is---if that number doesnt help I have plenty more for the BVA but I think that is the prime number I used last year when they illegally transferred me to the BVA.

The De Novo review- did they send you the actual results or did they fail to send a SSOC on the de novo review?

Has the VA acknowledged in any way at all -ALL of your medical evidence?

Sounds like the run a round I have gotten up here in NY-

Matter of fact I have to get off here and prepare for a potential battle today with my POA-

You might not have gotten a legal VCAA letter-and the rep knows it and this allowed him to sit back and not be supportive because he knows it will take years for a remand to occur-

I am concerned as to the status of the appeal- if your VCAA notice was deficient you might get that back fast- and you could use my template to do it-

hard to say- the original claim had to fall under auspices of the VCAA-it appears that it should have- what is date you filed that claim-that they denied in 2003?

[luvHIM]

This is most concerning to me. Glad you told us the whole 9 yards-

"Claim in 2003 was denied"

I am going to assume this claim was filed after Nov 2000?

If so

Did you receive a legal VCAA letter that clearly stated what you needed to send to the VA?

Did your rep give you a TDIU form 21 -8940 to make formal application for TDIU (100% rate) the SSA records should support that if solely for the Sc conditions.

I hope your rep knows that a vet can request TDIU even if they are "0" or NSC-and if the medical evidence warrants it the VA will award TDIU.

I helped a vet with NAda sc gets TDIU in 4 months.

The BVA I-9--I suggest you call the BVA-

1-202 565-5436-or the number they might have put on any correspondence to you-

and see what the status of the appeal is---if that number doesnt help I have plenty more for the BVA but I think that is the prime number I used last year when they illegally transferred me to the BVA.

The De Novo review- did they send you the actual results or did they fail to send a SSOC on the de novo review?

Has the VA acknowledged in any way at all -ALL of your medical evidence?

Sounds like the run a round I have gotten up here in NY-

Matter of fact I have to get off here and prepare for a potential battle today with my POA-

You might not have gotten a legal VCAA letter-and the rep knows it and this allowed him to sit back and not be supportive because he knows it will take years for a remand to occur-

I am concerned as to the status of the appeal- if your VCAA notice was deficient you might get that back fast- and you could use my template to do it-

hard to say- the original claim had to fall under auspices of the VCAA-it appears that it should have- what is date you filed that claim-that they denied in 2003?

I am going to assume this claim was filed after Nov 2000?

YES, it was. I filed the claim in May and VARO received the claim 05/29/2003.

Did you receive a legal VCAA letter that clearly stated what you needed to send to the VA? If that is the same as the "duty to assist" letter, then I did receive them. However, I always addressed these letters with my SO (at initial filing in May it was Arizona Department of Veterans Services). But my rep always said "don't worry about them because they are system generated and VARO can review your VA medical records." I merely took her at her word on the matter. I did, however, provide her with a list of all medical treating facilities w/addresses. She even returned that to me saying it wasn't necessary.

Did your rep give you a TDIU form 21 -8940 to make formal application for TDIU (100% rate) the SSA records should support that if solely for the Sc conditions.

NO! In fact, I just recently submitted a TDIU form 21-8940 on my own, after visiting this site. My SSA decision letter states that I was awarded disability on the basis of "severe" Ankylosing Spondylitis; and chronic low back pain.

I hope your rep knows that a vet can request TDIU even if they are "0" or NSC-and if the medical evidence warrants it the VA will award TDIU. I don't even know if my rep cares. Like I said, there has been no assistance in developing my claim from either of the veteran service organizations (I now have DAV).

The BVA I-9--I suggest you call the BVA- I have called the number you provided and was told that they DO NOT have my claim file. It is still at the PHX VARO. They did show a docket number for me but have not received the file, as yet, so had no other status info to give me. I was advised to call the PHX VARO.

The De Novo review- did they send you the actual results or did they fail to send a SSOC on the de novo review?

I have never received anything on the actual results of the de novo review, other than the SOC I mentioned dated September 2005. It was merely a "copy and paste" of the decision letter.

Has the VA acknowledged in any way at all -ALL of your medical evidence?

According to LTC P, they acknowledged my medical evidence when the rated me for Ankylosing Spondylitis, instead of the lumbosacral strain.

I applied for rate increase for the worsening of my sc medical condition and the VARO rated my claim on residual Ankylosing Spondylitis. Totally wrong and incorrect adjudication.

In the SOC it reads, "Although your BACK CONDITION is severe in nature, your problems are the result of your ankylosing spondylitis, which is not related to or caused by service. Therefore, in the absence of any evidence that your LUMBAR SPINE condition has worsened your 0 percent evaluation of CHRONIC lumbosacral strain is confirmed and continued."

NOW CORRECT ME IF I'M WRONG BUT THE LUMBAR SPINE/LUMBOSACRAL REGION IS YOUR BACK. HOW CAN ONE PROBLEM EXIST WITHOUT THE OTHER BEING A PROBLEM? ANKYLOSING SPONDYLITIS (AS) AFFECTS ON THE LUMBOSACRAL SPINE IS A CLASSIC SYMPTOM. IN FACT, A PERSON WOULDN'T EVEN GET AN AS DX IF IT WEREN'T FOR THE RADIOGRAHIC EVIDENCE OF FUSION OF THE SACROILIAC JOINTS W/EVIDENCE OF LUMBAR DEGENERATION (WHICH ARE BOTH MEDICALLY DOCUMENTED ALONG WITH RADIOGRAPHIC PROOF IN MY VAMR). IN ADDITION, BECAUSE THE SI JOINTS ARE WEIGHT BEARING JOINTS IT CAUSES EXCESSIVE STRAIN TO THE LUMBAR SPINE. I JUST UNDERWENT A HYSTERECTOMY ON JUNE 5, 2007 HOPING TO RELIEVE SOME OF THE PELVIC/GROIN PAIN IT WAS SO BAD. MY RHEUMS ARE SO AMAZED BY WHAT THE VARO IS OVERLOOKING HERE, IT IS ALMOST LAUGHABLE. IT IS ABSOLUTELY CRAZY. I TELL YOU, IT MAKES NO DARN SENSE TO ANYONE BUT THE PHX VARO.

http://www.medifocushealth.com/RH001/index.php here is a website if you would like to know a little more about AS. you may get some future vets your way with the same battle I am having.

You might not have gotten a legal VCAA letter-and the rep knows it and this allowed him to sit back and not be supportive because he knows it will take years for a remand to occur-

What does this mean, exactly. Can you break it down for me?

I am concerned as to the status of the appeal- if your VCAA notice was deficient you might get that back fast- and you could use my template to do it-

I'm not clear on this statement either. Can you elaborate?

the original claim had to fall under auspices of the VCAA-it appears that it should have- what is date you filed that claim-that they denied in 2003?

Again, it was received by them 05/29/2003.

I know there is a lot to read here. But I do appreciate you taking the time and getting back to my posts. I know there is something that can be done. I just don't know what it is and where to begin with the process. Thanks very much for your help, or at least getting me pointed in the right direction.

Edited July 20, 2007 by luvHIM

[Berta]

Sounds like you got the generic VCAA letter like I did-

If so you might be able to get a remand in weeks not years and get your claim moving-

Did the VCAA letter-yes that was it- specifically state in CAPS or underlined or in highlighted typing- exactly what evidence they needed from you?

It is a statement well beyond the stuff you mentioned -on the VCAA form- this is just a form letter that the VA is supposed to type onto giving you statement of what evidence you need to send them- specifically geared to your claim and also a Dingess Hartman Statement-possible EED and rating etc-

I think you fall into Dingess Hartman-not sure-

I did- filed in Jan Feb 2003- never got it either-

there is a article under the search feature I did re Dingess Hartman-and also there is a real VCAA letter here somewhere-

if your claim was transferred to the BVA and the VARO failed to send you a legal VCAA letter -you can tell the BVA this and get the claim remanded in weeks-

at least it worked for me----

Make sure that the VCAA letter was illegal-

Did they acknowledge you medical evidence at all?

I suggest also you send an Iris inquery to the VSM or Director of this RO (at the VA web site) make it a service complaint-

Tell them you want a new de novo review and that they should CUE the last review as it was a copy paste sameo sameo job or words to that affect-

I got one of those, raised hell through Iris and got another review.

But the DRO still didnt know how to read-long story but check out the posts here under VCAA-use the search feature at the top and make sure you put on the hadit button- then use the google for the web to get more info on the VCAA.

I cannot tell if you got a real one or not-

you can check it our here under the search-

The lack of legal VCAA letters is the biggest VARO scam since Nehmer retro snookering tactics.

SOs and reps are helping that scam to be perpetuated.

Also you often have to tell them like they are ten years old how-medically one disabilitiy is connected to another one-

this could take a very strong medical statement in the long run but the VCAA letter should have advised you to get an independent medical opinion if that is what is needed to nexus-connect all this stuff.

You have only about 3 months from the BVA transfer letter to request remand due to violation of the VCAA- if that is the case here-

otherwise the BVA will docket at some point and the remand will take years-and more than likely they would remand due to VCAA violation

GOOD FOR YOU- the TDIU claim is filed- have you checked at 800-827-1000 to make sure they have it? that could take a week or two more for it to get from mail room to the PCs there.

This sounds like my RO Buffalo- but probably not-

Edited July 20, 2007 by Berta

[Vike17]

luvHIM,

"If that is the same as the "duty to assist" letter, then I did receive them. However, I always addressed these letters with my SO (at initial filing in May it was Arizona Department of Veterans Services). But my rep always said "don't worry about them because they are system generated and VARO can review your VA medical records." I merely took her at her word on the matter. I did, however, provide her with a list of all medical treating facilities w/addresses. She even returned that to me saying it wasn't necessary."

The VCAA letter is specific to your claim. What your rep probably meant was that certain portions of the letter are computer generated. For example, The VCAA letter probably listed each condition you claimed and then listed what specific evidence what was needed by VA to grant that claim. That portion of the letter stating the specific evidence you needed sometimes comes from pre-programed sentences that are then put in the letter, such as "Pharmacy prescription records" ect... One must keep in mind that there isn't a VSR at your RO actually typing every single word of that letter for each and every claim. However, the VSR that produces the VCAA letters do go through each claim to see what evidence would be needed for that particular claim and then list it mostly from pre-programmed sentences and paragraphs.

"Now hear I have sat for almost two years, since the filing of the form 9, waiting on a hearing before the BVA. I have never received a SSOC. I have never had a hearing or meeting with the DRO and my vet rep. Nothing. When I inquire about the process, I get a bunch of rhetoric that makes no sense."

You won't receive a SSOC from the RO if you requested a BVA hearing. However, if you requested a hearing through the DRO review you should have had a hearing and either been issued a SOC/SSOC. If I'm not mistaken, your claims folder will remain at the RO until your BVA hearing is held (either the traveling board or the video conference), and once that BVA hearing is conducted, then your C-file is sent to Washington.

"I have never received anything on the actual results of the de novo review, other than the SOC I mentioned dated September 2005. It was merely a "copy and paste" of the decision letter"

If you received a SOC from the DRO, then that was the resultes of the DRO review. Also, I'm willing to bet the SOC wasn't a "cut and paste" job, but rather a more in depth analysis of the prior denial. Also if it seemes like a "cut and paste" job, then It looks like the DRO decided pretty much the same thing as the RVSR did, meaning in the DRO's eyes the prior decision was correct!

"According to LTC P, they acknowledged my medical evidence when the rated me for Ankylosing Spondylitis, instead of the lumbosacral strain...I applied for rate increase for the worsening of my sc medical condition and the VARO rated my claim on residual Ankylosing Spondylitis. Totally wrong and incorrect adjudication...In the SOC it reads, "Although your BACK CONDITION is severe in nature, your problems are the result of your ankylosing spondylitis, which is not related to or caused by service. Therefore, in the absence of any evidence that your LUMBAR SPINE condition has worsened your 0 percent evaluation of CHRONIC lumbosacral strain is confirmed and continued."...NOW CORRECT ME IF I'M WRONG BUT THE LUMBAR SPINE/LUMBOSACRAL REGION IS YOUR BACK. HOW CAN ONE PROBLEM EXIST WITHOUT THE OTHER BEING A PROBLEM? ANKYLOSING SPONDYLITIS (AS) AFFECTS ON THE LUMBOSACRAL SPINE IS A CLASSIC SYMPTOM. IN FACT, A PERSON WOULDN'T EVEN GET AN AS DX IF IT WEREN'T FOR THE RADIOGRAHIC EVIDENCE OF FUSION OF THE SACROILIAC JOINTS W/EVIDENCE OF LUMBAR DEGENERATION (WHICH ARE BOTH MEDICALLY DOCUMENTED ALONG WITH RADIOGRAPHIC PROOF IN MY VAMR). IN ADDITION, BECAUSE THE SI JOINTS ARE WEIGHT BEARING JOINTS IT CAUSES EXCESSIVE STRAIN TO THE LUMBAR SPINE. I JUST UNDERWENT A HYSTERECTOMY ON JUNE 5, 2007 HOPING TO RELIEVE SOME OF THE PELVIC/GROIN PAIN IT WAS SO BAD. MY RHEUMS ARE SO AMAZED BY WHAT THE VARO IS OVERLOOKING HERE, IT IS ALMOST LAUGHABLE. IT IS ABSOLUTELY CRAZY. I TELL YOU, IT MAKES NO DARN SENSE TO ANYONE BUT THE PHX VARO"

From the looks of it, you sent VA medical records of a complete different diagnosis that affected an additional body etiology. In short, you are rated for a lumbar condition and you sent them medical evidence that showed a disability that affected the entire spine! The RVSR and the DRO's are not medical personnel and cannot by law make a medical determination. It may be common knowledge in the medical community that the two are related, but not to just an average lay person. You'll need a medical statement or an IMO from a doctor that states your Lumbar strain at least as likely as not cuased the "ankylosing spondylitis." As a side note, the spine is rated based on range of motion (how far you can bend over) or incapacitating episodes (number of weeks of bed rest prescribed by a doctor over the past 12 months), whichever results in the higher evaluation.

I hate to say it, but it looks like the RO has done everything it was suppose to do so far. If you are able to get that medical statement or IMO, you'll more than likely prevail in your claim. The bottom line is you're missing the nexus between the lumbosacral strain and ankylosing spondylitis.

Vike 17

[luvHIM]

Vike17,

I appreciate you responding. So, let me see if I can properly respond back to you. For starters: When I filed my claim in 2003, I was already service connected (according to my HINQ report) for a back injury sustained in service.

When the VARO adjudicated the claim, they did so using codes 5240 and 5242, which is the rating criteria for residual ankylosing spondylitis. My condition is active disease and according to Department of Compensations and Benefits should have been rated using diagnostic codes 5002, 5003, 5240, and DeLuca v. Brown (the extent of functional loss due to pain "on use or due to flares ups.") This was established by my C&P rating examiner (I have a copy of the rating exam) and the VARO ignored it.

My claim, although adjudicated for ankylosing spondylitis, resulted in a denial and medical description for lumboscaral strain, chronic. VA rating examiner noted consistent treatment of chronic lower back pain from SMR's. I received a permanent physical profile that listed lumbosacral facet syndrome as the diagnoses, with permanent restrictions of NO PROLONGED STANDING, SITTING OR WALKING; NO HEAVY LIFTING (MORE THAN 10LBS), NO BENDING, TWISTING, OR EXCESSIVE REACHING. This profile was given to me AFTER several times of being treated for lumbar strain by a military Orthopedic DR.

As far as the VCAA letters are concerned, I supplied all the medical evidence VARO needed to adjudicate my claim. The nexus is in my record. Lumbosacral facet syndrome is an arthritic degenerative syndrome effecting the joints. You don't get any more nexus than that. However, the VARO chose to omit these findings in adjudicating my claim when they over the diagnosis of my VA physicians and established my medical condition as lumbosacral strain. After the VA physicians addressed the question in their IMO's at my request "How has veteran's lower back condition worsened?" Question was taken straight off the VCAA letter VARO sent me.

Vike17, I would also like to make clear that I was already service connected. I didn't need to establish that. The chronicity factor for low back condition should have awarded 10%, if nothing else. You are almost coming across like the VARO. I'm not trying to prove I had a low back condition. That was already established before I got of the military. I was asked to show how my condition had worsened.

I DID THAT!

VARO DECIDED my medical condition was lumbosacral strain, chronic. NO ONE else has stated that. In fact, my SMR's indicate "chronic low back," and gives creedance the back injury. VARO is using the early/initial treatment notes of my back injury from my SMR to say my condition was/is lumbosacral strain, chronic. That is not what they say. My VA C&P rating examiner shot that alleged assertion down in his seven page rating examination report. NO, my dear, VARO was hoping I would go to sleep on this claim. Not going to happen. There are blatant errors throughout what I've been put through, which is why I asked for a hearing (in writing) with a DRO. But I have never got one. Yes, it was a copy and paste de novo review. The only thing the different was that instead of giving a bunch of regulation numbers, it was actually spelled out. But here's a clincher for you, even they were copy and paste jobs because I went to the eCFR and discovered they took a paragrapgh and added a paragraph or sentence from an entirely different CFR part number. I was amazed.

I put the decision letter side by side with the SOC decision and it read word for word. None of the IMO's that had been submitted were addressed. My permanent profile was ignored. Not even the rating examination was accurately conveyed. It was like reading the decision letter all over again.

VARO even went so far as to send me a letter stating that they requested my Army SMR from NPR and had been notified that my records were lost and nowhere to be found. They sent this letter, unaware that I had also requested my Army SMR and had received a letter almost 2 months prior from NPR stating that my "...Army SMR has been loaned to the local VARO in your area. You may contact the local VARO in your area to obtain a copy." Well, I had already done that and the records were probably in route while they were typing up the falsified letter they sent me.

I do not have just one IMO. I have five. I have three from all of my VA docs and they are scanned in my VAMR. I have one from the VA rheum (also scanned in my records); I have a C&P rating exam concurring with the findings of my VA rheum and addressing limitation of motion, spinal changes even from the first C&P exam I had, as well as pain on motion. I have two IMO's (one recent) from outside rheumatologists.

In conclusion to your reponse, the etiology from in-service supports the diagnosis of Ankylosing Spondylitis. Every IMO has meticulously addressed how they can be certain this condition began in service and connect the dots. Secondly, lumbar strain does not cause Ankylosing Spondylitis. BUT Ankylosing Spondylitis does cause lumbar strain. And, for the record, Ankylosing Spondylitis does not just attack the spine. It is medically proven to be a systemic disease, especially when left untreated. And the prescribed treatment for Ankylosing Spondylitis is MOST DEFINITELY NOT bed rest.

I have supplied a link to anyone wanting to know more about this condition in a previous post. The 38 USC 1155 has been changed to reflect how this condition is suppose to be properly adjudicated. For years the VARO was been adjudicating Ankylosing Spondylitis based on residual critieria. IT IS INCORRECT. The Director of Compensation and Pension Benefits Administration addressed the issue back in 2001 based on a Board of Veterans' Appeals decision made in 1995. IN FACT, I was sent a copy of the letter addressing the matter and filed it as new evidence in my claim. But not all VARO's are adjudicating in accordance with the updated version of 38 USC, as it pertains to Ankylosing Spondylitis.

Nonetheless, I have a copy of everything. Everything the VARO has ever sent me (so, I know exactly what they asked me to provide and for what). Everything in my military SMR's. Everything in my VAMR, to include actual films of every X-ray, MRI, Bone Scan, CT Scan and whatever else. I'm just waiting on a full copy of my C-File. I even have documentation of how other VARO's adjudicate claims like mine. How the VARO should adjudicate a veteran's claim when they are treated for lumbosacral strain in service and the veteran discovers years later he/she actually has Ankylosing Spondylitis.

I DID NOT PRESENT ANYTHING NEW TO THE VARO. THE VARO SIMPLY DECIDED TO DISMISS WHAT THE VA PHYSICIANS WERE ESTABLISHING AS MY WORSENED "BACK CONDITION", which is how it appeared in my records until the VARO gave it a description. I DIDN'T KNOW ANYTHING ABOUT LUMBOSACRAL STRAIN, CHRONIC UNTIL MY CLAIM WAS DENIED AND THIS WAS THE MEDICAL CONDITION VARO HAD OUTLINED IN THERE REASON FOR DENIAL.

I'm not trying to get defensive, although I'm sure I have a tad bit. Nevertheless, my claim began on a bad note. Whether the VCAA letters were system generated or not, no SO should ever tell a vet to disregard them. And before anyone responds to that statement, let me assure you I can hear very well and I know what she said.

Further more, I have a service connected disability of the back. Albeit, rated at 0%. But that condition has worsened is unmistakeable. The fact that my VA physicians are saying that my medical condition has always actually been Ankylosing Spondylitis should not be for me to prove. I am not a physician either. But if the VA raters are not physicians, and we know they are not, they should not be going over the head of medical experts to suggest their own etiology and diagnosis, either. I don't believe the burden of proof is actually on my shoulders. I honestly believe it is on theirs. If it takes the next how ever many years to prove that the VARO incorrectly adjudicated my claim, then so be it.

I don't know how I ended up defending the legitimacy of my claim, because I just wanted to know how common/uncommon it is for the Appeals Officer to review a vet's claim before sending it to the BVA and if they ever decide the claim before sending it off.