This was a BDD claim that took almost 120 days. I ETS'd 29 May 09 and had all my exams and paperwork turned in 12 Mar 09.
Please ignore the left knee. This isnt a problem anymore but was included in my claim as it was a problem during active duty.
My problem is my lumbar spine and right knee.
Start with the knee. The part that worries me is that the VA predischarge doctor flat out lied. I have pain throughout my whole ROM. I get random swelling at least 2 weeks out of the month. I have weakness when climbing stairs and have to use a hand rail. Also, my Xray results were NOT normal. As long as 3 years ago Ive been getting abnormal results with edema and bony abnormalities. Recently, two weeks ago, I finally received a CT scan of my knee and it confirmed that I have arthritis consistent with a 55-60 y/o.
This is all documented through out my active duty time going all the way back to when the first injury occurred in basic.
My back is the worst though. Again, the predischarge doctor lied about the no pain, no spasms, no tenderness and so on. I certainly have all 3 of those and more as it has been documented since the original injury happened in 2006. Xray reports were NOT normal showing lumbarization of L5-S1 after I redeployed from Iraq. I have since had an MRI that showed a circumfrential bulging disc (not the minimal bulging that the VA said in the letter, I have NO IDEA where they got that) at L5. This has caused intense pain day to day and severe stiffness at night and morning. I also get random right leg spasms throughout the day. It also makes it difficult to sit down or stand for too long. Im constantly having to move to stay "comfortable". As it says, I have nerve problems on my right leg as a result. It started out small and has grown in severity and size over the past 3 years. The EMG technician reported that I do have nerve damage but the EMG is the wrong test for me as it only test if the nerve is there and intact. My problem is at my lumbar which is difficult to test.
Im planning on appealing this as its completely wrong. Im barely active (I walk with my wife) and this injury has basically limited my standards of living a lot. My worry is about the predischarge doctor and the fact that HE lied on his reports. There are YEARS of other medical sources claiming the exact opposite of this one doctor. Will this mess me up on the appeal?
Also, what exactly should I appeal on? Should I do my nerve issue as a primary condition rather than being secondary to the lumbar?
Sorry for the long post but Im at a loss here and how the VA came up with this decision. Thanks in advance for all the help!
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bballr4567
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This was a BDD claim that took almost 120 days. I ETS'd 29 May 09 and had all my exams and paperwork turned in 12 Mar 09.
Please ignore the left knee. This isnt a problem anymore but was included in my claim as it was a problem during active duty.
My problem is my lumbar spine and right knee.
Start with the knee. The part that worries me is that the VA predischarge doctor flat out lied. I have pain throughout my whole ROM. I get random swelling at least 2 weeks out of the month. I have weakness when climbing stairs and have to use a hand rail. Also, my Xray results were NOT normal. As long as 3 years ago Ive been getting abnormal results with edema and bony abnormalities. Recently, two weeks ago, I finally received a CT scan of my knee and it confirmed that I have arthritis consistent with a 55-60 y/o.
This is all documented through out my active duty time going all the way back to when the first injury occurred in basic.
My back is the worst though. Again, the predischarge doctor lied about the no pain, no spasms, no tenderness and so on. I certainly have all 3 of those and more as it has been documented since the original injury happened in 2006. Xray reports were NOT normal showing lumbarization of L5-S1 after I redeployed from Iraq. I have since had an MRI that showed a circumfrential bulging disc (not the minimal bulging that the VA said in the letter, I have NO IDEA where they got that) at L5. This has caused intense pain day to day and severe stiffness at night and morning. I also get random right leg spasms throughout the day. It also makes it difficult to sit down or stand for too long. Im constantly having to move to stay "comfortable". As it says, I have nerve problems on my right leg as a result. It started out small and has grown in severity and size over the past 3 years. The EMG technician reported that I do have nerve damage but the EMG is the wrong test for me as it only test if the nerve is there and intact. My problem is at my lumbar which is difficult to test.
Im planning on appealing this as its completely wrong. Im barely active (I walk with my wife) and this injury has basically limited my standards of living a lot. My worry is about the predischarge doctor and the fact that HE lied on his reports. There are YEARS of other medical sources claiming the exact opposite of this one doctor. Will this mess me up on the appeal?
Also, what exactly should I appeal on? Should I do my nerve issue as a primary condition rather than being secondary to the lumbar?
Sorry for the long post but Im at a loss here and how the VA came up with this decision. Thanks in advance for all the help!
Josh
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