Weight Of Exit Physicals

[jeffowens1957]

I have been fighting back and forth with the VA over a lower lumbar strain I got in the Army. I was given pain meds, hot packs and a week of bed rest profile. I went to the c&p physical. In the first deny letter it stated that in 1975 I had a Lower Lumbar Strain, I was only injured one time, did not receive any other treatment, and there wasn't any notation of a back injury on the exit physical (was in med records) and that they were denying because I did not have a clinical diagnoses.

I appealed sending all the private med records that showed chronic back problems from the time I left the military till now, in the second deny letter they stated that in 1975 I had a Lower Lumbar Strain, I was only injured one time, did not receive any other treatment, and there wasn't any notation of a back injury on the exit physical (was in med records) and that they were denying because the c&p examiner felt less likely than not caused by service. (He never saw the private med records as I had sent them with the appeal. If I appeal, it goes to the Board.

Question 1. How much weight does the exit physical I had in 1976 carry?

Question 2. If the examiner never saw the private records, shouldn't they rescheadle an exam?

Question 3. What is my next step as far as a another appeal?

Thanks for any help. Jeff

[carlie]

bump

[Vync]

!!!==> BUMP <==!!!

Like many others here, I'm in a very similar situation as you.

If you submitted your private treatment records, they may have reviewed them in private, when you are not around.

Here's my recommendation:

- Get a copy of the C&P examination results (all of them).

- On the C&P notes, they should indicate whether or not they have reviewed your private treatment records. See what it says. If it does not indicate that the doc reviewed your private treatment records, you might want to consider requesting a reconsideration or a DRO review.

- Talk with your current doctor and ask if they can provide you with a nexus/IMO letter saying your current back problems are 'as least as likely as not' related to the injuries you incurred during military service. They will also need to provide some medical rationale. Look elsewhere on this site to get examples. If your doc will not do it, you might need to locate and/or pay another doc to write your IMO (which may not be guaranteed).

- Don't let your claim/appeal lapse. There are time limits which could impact any retro you might get.