ArNG11

HMMV Accident did more than what I realized

25 posts in this topic

Folks I wanted some opinions and critiques.  I have been thinking about putting a new claim in however, have been reluctant to consider the loooooooooong whoo hah fight it would be.

From folks that know me on here my tragic story is in the form of an ejection from a HMMV.  That is how I had earned the nickname "Airborne" and was known by that in my old unit.

 

Anyways, Tragic tale yes but live and learn. Lucky to be around to complain.   If I knew then what I knew now it would be a different story and I would have approached the claim differently.  But as my old bud use to say, If "ifs" and "and" were pots and pans the whole world would be a kitchen"  

Multi faceted claim that should have been filed for Neck, back, hips, nerve and all the secondaries.  Live and Learn like I said.  Anyway, without further delay here are the results.

cspineedit.pdf

Edited by ArNG11
adding sanitized file
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sorry folks took me a while to figure out the edit portion on adobe with a mac.  I dare say this and may the Mac Gods have pity on me.  I miss MS Word and Editing software. It was much easier.  I still love Mac but eh hard to get used to even after 7 years.

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I was waiting to respond until you added the attachment.

After reading that, I would recommend you consider filing claims. If you can get a specialist to write an IMO/nexus, it would help a lot.

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This particualar report is not all that favorable, imho.  It has the term "idiopathic", which means its of unknown origin.  YOu wont be getting SC for these things without a nexus.   So, get your nexus then apply.  You may get another VA doc to provide a nexus if you ask, saving you the cost of an IME/IMO, that is, assuming you dont already have a nexus.  YOu have to review your file to find that out.   

But, all is not lost, according to VBM.  If you represent yourself, then you should get or borrow one.   A veteran is not required to be a medical expert, familiar with all diagnosis and secondaries when he makes a claim. 

My take on it is for you to apply, and, if/when you get your award, try to get an EED to the date of your original application.  Others may chime in, but this seems to be the way they happen:  You apply for SC, you get denied, you appeal and get your benefits.  VA gives you your benefits 10 years later with a 10 year wrong effective date, so you fight that, too.  Its similar to the fight I have going on now.  

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Broncovet's advice is solid. That's exactly how it happened for my spine/radiculopathy claims:

Applied > Denied > Got IMO > Appealed > Approved with backdated EED

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I was waiting to respond until you added the attachment.

After reading that, I would recommend you consider filing claims. If you can get a specialist to write an IMO/nexus, it would help a lot.

I agree.  I was playing around with the words in my head.  The 2007 report that they used to connect the lumbar strain  stated C spine strain due to ejection from Army training. Thats where they connected the L1 and I received the rating I did.   I mean I am throwing something way out in left field but it is relevant I think.  I should have claimed the neck, back, left hip, thoracic, lumbar, bilateral radiculopathy and muscles spasms all when I first filed that claim.  Live and learn.  So regretful that I didn't come across Hadit sooner.

I am most likely getting another opinion to state just that, however, I would construe that the VA did not develop the claim correctly, once some of these issues came to light by regs they should have developed the claim more as there was more than the lower back involved. I am no expert, or have the medical knowledge to opine, however, where is that clause "duty to assist"   

I know guys I just wanted to bring a smile to some folks, I know I need some laughs. It's going to be difficult but I am going to try to use their shenanigans against them, playing with fire, yes I know, I may get burnt, though, important point here, I wasn't the one the lied or looked away at the secondaries.   I appreciate the thoughts and opinions.  

As of late with all the things that I have going on, it is a little difficult to, think this through without being paranoid and missing some important details. Thanks

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