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tdiu Bva Remand-persumptive Connection
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blackbird
While participating in a training exercise in Egypt during October ’95, I pulled on a metal parts box and felt a sharp pain in my back, down in my left leg. At the time I thought I had just pulled a muscle in my lower back that wasn’t serious so I didn’t report it. I only had a couple weeks to go before returning home and I really thought I would be okay by then. However when I got home in early November it had only gotten worse. I tried heat treatments, anti-inflammatory meds and bed rest but nothing helped. On 12/11/1995 I went to my family doctor who initially prescribed muscle relaxers, pain meds and bed rest. He asked how I hurt my back and I told him that I hurt it while training with the USAF in Egypt in October, two months earlier. This is in his notes. I was referred to a neurosurgeon in January 1996 and had surgery for herniated disc at L4-L5 in March 1996. I had surgery again in 1998 to fuse the joint due to continued pain in left leg. Joint was stabilized but pain persisted. Surgeon determined that the left ganglion nerve root was permanently damaged at the time the disc ruptured. Have been totally disabled since 6/16/2000 due to inability to walk or sit for any length of time since the damaged nerve is aggravated by activity. I was awarded SSID in 2002 due to unemployability. I had surgery again on L3-L4 in 2007 to correct another herniated disc. Have also had five cervical disc surgeries with all levels fused from C2-T1. Severe DDD diagnosed.
Filed for service connected compensation 2004, had a VA examine in March of 2005. Of course I was turned down several times and eventually appealed to BVA. They remanded the case back to the RO stating that the VA doctor made his decision without looking at my case file and that I was to be given another exam after the doctor performing the exam had reviewed the complete file. Also that he was to give an opinion as to whether he thought it was as likely as not that my back problem could have been caused as a result of what I claimed. My surgeon has stated that he felt the way I described the injury by pulling on the box was more than likely what caused the initial disc herniation in my back..
I’m currently waiting for the exam date that the BVA requested. Does anyone have any advice, I’m new to the “VA Battlefield”. Do you think I have a shot at Compensation thru presumptive connection?
Thanks in advance for your help!!!
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