Help Needed

[cbpritchard]

Good morning

So let me begin by identifying the fact this is going to be similar to the post most new comers have, and I apologize if there is any inconvenience. At this time my anxiety is very high and I find myself so very unknowledgeable about what will happen in the short future. In July of this year I submitted three claims with my local VA representative, I had a C&P exam in September and was denied claim for all three aliments in November. The documents stated that there was evidence showing I suffered from all three complaints prior to my military service, 1. Severe Chronic Sinusitis 2. Acid Reflux 3. Chronic Sinus Migraines(Headaches).
I DEP in the US Army in 2004 at the age of 19, I can only imagine the "evidence prior" was from the well established senior physician who did the pre basic exam asking questions such as " have you ever had heartburn". I had no coaching prior to that interview, no one told me that I may need to say certain things to avoid issues later in life. I was a  young and healthy man, I could not slightly remember any doctors visits minus a issue with breaking my left finger at that age.
I never had any allergy concerns, once and a while I would sneeze and as a young man that didn't know any better I probably told the examiner I had allergies (correlating) the sneezing or coughing. In November of 2004 my unit was dispatched to train in California, while rail heading our equipment to AZ, my unit was informed a vehicle in our company which was under my ward being a Humvee mechanic was sabotaged somewhere between KS and AZ. The initial information was the perp had been a decorated individual who came back and had issues with personal conduct which involved his court martialing. This vehicle was TC'ed by the NCO who testified in that CM, I suppose he thought by placing various unknown chemicals into that vehicle he could blow it up like in the movies.
Anyways I was informed the vehicle had to be towed to CA from AZ, upon arrival I was ordered to take the fuel cell out and clean it due to it having to be used for training. "White Cell" we were told would be responsible for removing any contaminates in the cell before work would be done. When I was ordered to work on the tank, there was literally 6 inches of sand/mud caked on the cell and I had no choice being a PV3 but to begin working on this vehicle. When I unbolted the metal strap the half full cell fell from the mount snapping the lines and the system depressurized and blew fuel and whatever contamination was in the tank with it all over me from head to waist saturated.
Now sorry for that long story, fact is there was never an investigation I flushed my eyes changed clothes and had to finish the job. The clothes I wore had to be thrown away due to giving other "soldiers" migraines in the tent. 3 weeks after the incident my world began to change. Honestly it has been absolute hell, some doctors though I was lying some didn't I was honorably discharged because I had so many health issues there was no way I could continue.
The three claims I filed were complaints that started post the incident, no doctor I have spoken too seems to agree on the same reasons but I have without a doubt been treated for the three conditions numerous, and extremely numerous times from the VA and my local physician.
I was told that I needed to speak with my VA doctor and my local doctor and have them put into writing how they feel I suffer from issues derived from the above conditions I claimed, I have had a lot of trouble getting the VA to understand this. They think I am trying to get the doctor to write how I should get a percentage for the conditions which is not the case. I simply need them to put how in their opinion from looking at my medical history from VA and Local that I suffer from those conditions.
I know these conditions are not "normal" things people claim for and there tough to win, but without a doubt these three conditions change my life forever. I spend thousands of dollars treating them and have been ridiculed and suffered discrimination to no end, especially during the first 4 or 5 years post military of attempting to learn to live with my conditions.
I'm not trying to get a pity card, I did not give up what others did and I will never take any more credit than I deserve but for them to deny me based on "prior evidence" and "no evidence post" is entirely unfair in my opinion and I intend to prove that.
Any help and information is very appreciated.

[broncovet]

You obviously need to file a NOD.  Dont feel like the lone ranger...I was denied hearing loss SC EVEN when my audiologist opined that my hearing loss was "at least as likely as not due to noise exposure in service".    They said it had been too long a period of time since service.  

Frankly, they often make up "bogus" reasons for denial.  If you look at the Caluza triangle which outlines the 3 criteria needed for service, you wont find "length of time since service" as one of them.  Here they are, in your nod you should allege you meet the criteria for service connection.  You need these 3 Caluza elements:

1.  Current diagnosis of condition.  I think we can assume that a doctor diagnosed you, but dont guess.  Look it up on your records and cite the doctor who treated you for your condition and his diagnosis.

2.   In service event OR AGGRAVATION.    Even if you had something prior to service you have a "presumption" here.  Let's say, you did have headaches diagnosed prior to service.  However, it sounds like you allege being covered up with fuel aggravated this condition.  (I dont know if you had it prior to service..you need to check those medical entrance exam...DO not guess...read what it says)  Further, lets assume your headaches worsened in severity in service.  Then there is a presumptive here that military service aggravated it.  In other words, lets say your headaches were a level 2 when you entered service.  They were an "8" when you got out.  Based on this example your headaches were "aggravated" by service.  

3.  Nexus, or medical link between 1 and 2.  You need a doctor to say something close to:

"The Veteran's headaches were at least as likely as not aggravated by him being exposed to jet fuel during military service."

There you have it.  1.  Attack the "reasons for denial" in your nod, with evidence, and 2.  Make sure you have a nexus.  3.  Order your cfile and read all this stuff, dont pre assume everything is there and in order.  

If you do not have a nexus, then you may need an IMO/IME, as you wont be getting benefits without a nexus.  (No that is not a car, either)

 

[cbpritchard]

Thank you for your response, I'm going to have to do some research on the terminology. But I very much appreciate your help. 

[flores97]

Cbpritchard,  if you have not done so,  request your complete cfile immediately. Go to your Vso and ask for him/her to assist you in the request.  And as Broncovet stated,  submit a Notice of Disagreement ASAP.  There is a specific form you must fill out for the NOD(Notice of Disagreement). You can call 1-800-827-1000, speak to someone and tell them you need to submit the NOD and they will mail you the form.  Also google VA Disability Benefit Questionnaires, for each of your conditions.  You can print out the questionnaire for each condition,  and often VA doctors, if you have been seeing them for awhile, will complete the forms.  If you cannot get the VA doctors to complete them,  look for some private docs that will.  If you still can't find any willing,  look up Valor Compensation Consulting.  They are a husband/wife team,  wife was a former VA C&P Examiner, and they will accept payments to do an Independent Medical Opinion on all of your conditions.  I hope this helps,  and Merry Christmas to you and your family 

[cbpritchard]

Thank you for your response as well Flores. I assure you I am absorbing all information to the max. 

Merry Christmas to you and yours as well!

[broncovet]

The "Caluza" triangle is a from a 1995 case law (Caluza vs Brown) where the court laid out the 3 elements a Veteran needs for service connection:

1.  Current diagnosis.  If a doctor has not diagnosed you with a condition, you are unlikely to get service connected.  

2.  In service event or aggravation.

3.  Nexus, or link between your current diagnosis and the in service event.  

    Many Veteran's persue their claim's absent one or more of these, and, time after time, VA denies claims that do not meet the Caluza "big 3".  

Its very helpful for Veterans to understand they need all 3 of these for service connection.  

Edited December 26, 2016 by broncovet

[cbpritchard]

Good afternoon everyone, 

So I wanted to do a quick update on this post. So at this point I have had a chance to view the full documentation of my denials, and my C-file is in the process of being sent to me. From the questioneer that the C&P examiner used to do my eval, I was able to identify a handfull of descrepancys already on her paper work that I have evidence where she did not answer the question completely, so that helps.
As far as the "smoking gun" is concerned (relating to the accident at Ft. Irwin), my VSO told me that as in many cases its always a here say type deal. So many veterans are dealing with things that without a doubt happened to them, but they were never documented properly and they are lost. She mentioned to me, that if there was any other soldiers around when the incident took place that I need to attempt to locate and contact them, if I could get something in writing from them colaborating the accident that took place I would really be able to step the power of my appeal process up, as well as more options down the road.
Thanks for everyones help, I still have tons of work to do but I have to admit I used alot of the info I read on this post in my appointment with the VSO.