Service Connection

[walt]

Hello,

I had an automobile accident in 1977 while on active duty. Broken Pelvis.X ray report from va four years ago shows....findings: Bones are osteopenic.there is mildanterior wedging of of vertebral bodyL1.There is also mildspondylosis of T12-L1 with small anterior marginal spurs.Mild osteoarithic changes facet joints L5-S1.Abdominal and iliac arteries are calcified.

mpression:Osteopenia. Mild Spondylosis of T12-L1. Mild degenerative facet joint of L5-S1. Arteriosclerotic calcifications of the abdominal aorta and Iliac arteries.

Primary Diagnostic code: Minor Abnormality.

I have several other conditions I asm treated for at va.I receive a pension from va. I am trying to gain service connection. Any advice on getting service connected for the above? What do you think the chances are and what things should I do to insure best chance?

Thank you very much.

Walt

[Berta]

You need to prove with medical evidence that the conditions you listed are directly resulting from the inservice auto accident.

You might need an independent medical opinion-

If you dont have copies of ypur SMRs go to the NARA website and they will take you step by step on the SF 180 form to obtains these records.

Do you also have copies of all after service med recs?

Has this been a continuous and documented medical disablity since leaving service?

Was this all noted on your SMRs? (and on the discharge physical?)

Direct service connection requires-

1.current documented disability

2. inservice event, accident, trauma etc. (Proof of)

3. and a medical nexis ( link) between 1 & 2.

Edited October 24, 2007 by Berta

[Pete53]

Welcome to Hadit.

Berta gave you advise that you should heed.

Good Luck

[walt]

Hello,

I had an automobile accident in 1977 while on active duty. Broken Pelvis.X ray report from va four years ago shows....findings: Bones are osteopenic.there is mildanterior wedging of of vertebral bodyL1.There is also mildspondylosis of T12-L1 with small anterior marginal spurs.Mild osteoarithic changes facet joints L5-S1.Abdominal and iliac arteries are calcified.

mpression:Osteopenia. Mild Spondylosis of T12-L1. Mild degenerative facet joint of L5-S1. Arteriosclerotic calcifications of the abdominal aorta and Iliac arteries.

Primary Diagnostic code: Minor Abnormality.

I have several other conditions I asm treated for at va.I receive a pension from va. I am trying to gain service connection. Any advice on getting service connected for the above? What do you think the chances are and what things should I do to insure best chance?

Thank you very much.

Walt

[walt]

Hello,

Thank you Berta and Pete.Also thank you for the help you give all the veterans.I have noticed how much you have done for so long.Thank you.

I type with one finger and very slowly.For that reason I am not going to worry about a mispelled word or two etc.

I will try to be as clear and in the right order as I can.

I applied for service connected in 1999 or 2000.Anyway went on for about 14 months I think and was denied.One problem for taking so long was finding my service medical records. Never did.St. louis said they loaned them to va and va said they never received them.Now st. louis says they have them. I have sent for them so we shall see.I received the rating decision dated 8 march 2001.The four things I applied for were.. 1) Hypertension.Denied because neither occurred in or was caused by service,yet I did have copies of records showing prescriptions of blood pressure medicine.I am not sure about showing diagnosis of hypertension I will have to check but I think there was.I was a recruiter during the onset and the Dr. has since retired and so far I have not been able to get any of the records from the civilian Dr. and looks like I will not.This was around 1979.I am trying to locate people I worked with to get a letter from them supporting this.I had a heart attack in 1989 after I had been discharged for 6 years.angioplasty then.Any thoughts on this?

2) Heart flutters.Denial says I submitted evidence showing I was seen on June12,1977 with complaints of chest painand feeling like my heart was "running away". How true! They statedthat in Feb. !980 I was shown to have symptomatic PVC"S.They stated another treatment record , date not legibleshows I had benign PVC'S-no organic cardiovascular disease.Denied because neither occurred in nor was caused by service.

3) Anxiety. They said I was diagnosed with anxiety in Feb 1980.Another treatment record(whose date is not legible ) shows the veteran had benign PVC'S made worse by chronic anxiety. Then Treatment records from Va in Murfreesboro , Tn. shows veteran was treated for anxiety.Date is not shown they said.They said ,"service connection for Anxiety" is denied since this condition neither occurred in nor was caused by service.

4) COPD.VA says I submitted evidence showing I was diagnosed with mild COPD in 1979.They said treatment records from va in murfreesboro show I was treated for COPD in 2000.They said service connection is denied because it neither occurred in nor was caused by service.NOW ,I realize COPD is not compensable due to smoking , but I am wondering along the lines of occupation. Example.. I was a generator operator in my unit in Korea and worked in surgery for several years and was exposed to several different chemicals daily while cleaning and sterilizing instruments.Chemicals such as Benzine (also found in cig. smoke),Xylene,formaldyhyde and others. Something I have been reading in appeal cases.What do you think?

I need to add also that in the denial they stated thatI said on my application periods of service 1976-1981 and may-Oct. 1983but that it had not been verified as Honorable active service.Well I assure them it is and thought I sent all dd214'S but memory is not what it used to be.A good reason to keep a log of everything.

This is about where I am on another claim. I have sent for records. IF St.Lewis has them a lot of help will be there.I am also going to get some exams from private Drs. stating their findings and opinions.

In addition to the above four conditions are what I mentioned in first post plus several moreone of which is a treatment sheet with "Raynauds"? written on it. Nothing else.

The reason for decision of entitlement to nonservice connected pension states...Evidence shows veteran to be disabled due to his disability(ies) of of hypertension,COPD-emphysema,claudicationof lower extremities,andcoronary artery disease.Does not meet schedular requirements of a single disability ratable at 60 percent or more,or two or more disabilities combining to 70 percent with at leastone ratable at 40 percent.However.as the veteran has multiple disabilities from either a common etiology, a single body system,multiple injuries incurred in action,multiple disabilities incurred as a prisoner of war,or multiple disabilities fitting the same criteria that combine to 40 percent with additional disabilities bringing the combined evaluation to 70 percent,entitlement to pensionbenefits is granted as allowed under 38 CFR 4.16(a).

One more thing please. Am I correct in thinking that if I am totally disabled and have a service connected at any percent I can get the full amount of compensation?

Thank you Berta and Pete and everyone else for you help and SERVICE TO YOUR COUNTRY.

I hope I am posting this correctly and was not too lengthy.I was trying to be as thourgh and clear as I could.

Regards,

Walt

[Pete53]

Walt:

Your way is the best way and it does not hurt to make a long post nor give a short answer. Hopefully every Veteran that Posts will get something to help them.

Good Luck

Pete

[Berta]

This reg might help you if you have what is considered to be "newly discovered service records"that VA did not have when they made their other decisions.

http://a257.g.akamaitech.net/7/257/2422/01...06/E6-14746.htm

You have multiple issues that could possibly be service connected and I suggest getting a good service officer to sort this all out-

You stated: "I am also going to get some exams from private Drs. stating their findings and opinions"

This might be the best thing you can do-as well as clearly defining these issues to VA and why they should be service connected.

I posted a topic here available under the search feature called "Getting an Independent Medical Opinion- a private doctor has to follow this step by step and have all of your SMRs as well as your VA and private medical records in order to opine on what disabilities you have that should be service connected.

"1) Hypertension.Denied because neither occurred in or was caused by service,yet I did have copies of records showing prescriptions of blood pressure medicine.I am not sure about showing diagnosis of hypertension I will have to check but I "....

if there is proof of that in your service records that would be a critical factor in possibly setting the stage for eventual service connection of your heart disease- However it might have to be shown as continuous HBP problems since discharge-

The fact that these older claims were not appealed means that your EED (earliest effective date) will be the date VA receives your current claim.

If you have ever applied for SSA or SSI disability-the SSA office might still have your military medical records.

I would try NARA first-then try them.

Everything you are claiming hinges on the 3 key points I mentioned in prior post.Proving that these disabilities- any or all- had their onset in or documented inservice treatment as link to your service.