Jump to content

Ads

  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
bulldogpete

Decided To Open A Claim For Old Injury

Question

Hello,

I have decided to open a VA disability claim for some old injuries I recieved while I was in the NG. I have several questions and was wanting to get some opinions about doing this.

The injuries occured while I was in training for the NG about eleven years. I was involved in a APC accident. I was pulling air guard, and the driver drove into a ditch causing me to bounce up in the air and injure my back and neck. I fell back into the APC and lost feeling to my legs for a short duration. Medics transported me to a civilian hospital, where xrays and a CT were performed. The CT and Xrays found several diffsuse bulges in my neck and back. Also, noted the faucets overlapped, Schmorl's nodes deforimites and a possible cervical fracuture (they were unsure if it was injured from the accident or a possible accident). The doctor noted Thoraic sprain and contusions.

My commander had everyone that witness the accident give a written statement of what they saw. I have a total of 4 statements, each stating I flew up in the air and hit my back and neck. Also stating I was complaining of losing feeling to my legs. I also have documentation from the reviewing officer, who stated the accident was service connected and was not any fault of my own. Also checked the box that says "injures will more than likely result in a future claim being filed."

I was out of service for about 2-4 weeks and then started drilling again. I never tried to get VA disability, because for one I was only 18-19 at the time and did not want to admit I was injured. The other reason, was unitl about 2 years ago, I did not even know NG could get VA disability.

I have had progressive pain in my back and neck since the incident. I have a history of going to the chiropractor for the last 7-8 years for back and neck pain. I recently been diagnosed with several nerve problems in my neck and back. Bulging Discs and Disk deterioration. I have also been diagnosed with Migraines (3-4 a month.)

The pain has finally progressed to the point to where I am going to file a claim. My question is, do you think I will have a problem linking my current injuries to the injuries I recieved during the accident, since such a long time has passed.

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

The only way to find out is to file a claim. You want a statement from your chiropractor with a diagnosis and history of treatment. Get a copy of your service medical records. You may have to shop around for a orthopedic doctor to write you a report linking your SMR's to your current condition. What the VA might do is try and say your conditions are the result of age and natural degeneration. This is what you are going to have to beat.

Share this post


Link to post
Share on other sites

Ad


Pete,

I agree with john.

What we say isn't worth much to the VA - it's almost like talking to a wall.

They only "hear" what a medical professional says linking your current afflictions to something that happened on active duty.

This is called a "Nexus" and is key. The following info is from a previous post on the subject:

Oftentimes, the key to showing direct service connection is what is often called a nexus letter from a doctor. How and under what circumstances this letter is written is extremely important because if it is not done properly the VA may simply ignore this letter. Two of the more common reasons why these letters are not given proper weight by the VA will now be discussed.

If the doctor who wrote the letter did not review the veterans file and service medical records and state that he or she reviewed the file in his/her report than the VA will often disregard the letter. It is best if the doctor actually refers to evidence in the record. Another common reason a doctor's nexus letter would be rejected by the VA would be if the doctor when describing the nexus between the current disability and the in-service injury, disease or incident does not use the "proper" language recognized by the VA. Because the VA is supposed to give the veteran the benefit of the doubt the standard of proof is that it must be at least 50% likely that the in-service injury, disease or incident caused the present medical disability. This means that if the doctor's opinion is that it is 50% likely then the doctor should use the words "as likely as not" when describing the connection. If the doctor is more than 50% sure than he or she should use the words "more likely than not". Lastly, if the doctor is less than 50% sure of the connection then the words used by the VA is "less likely than not". In other words, if the nexus letter states either that it is "as likely as not" or states that it is "more likely than not" that the veterans present disability is connected to an in-service injury, disease or incident, than the doctor's opinion is stating the condition is service-connected.

P.S. If your private medical doctor issues an opinion of less than 50% or "less likely than not", then his report will not be helpful to your VA claim!

Original post here:

All the best, Pete, and feel free to ask more questions!

Share this post


Link to post
Share on other sites

bulldogpete:

You have a claim but it has to be developed. What you need is to file the claim today include copies of the info you have and the current dx and ask your Doc to write an IMO (Independent Medical Opinion) that links your injury to the accident you had in service.

My opinion is you have a good shot at it.

Welcome to Hadit

Share this post


Link to post
Share on other sites

Notorious - you sure stated that reply well.

My IMO criteria in the IMO forum might add a little more to what you said but you said it exactly the way it is.

I developed the IMO forum crieria from the 2 IMOs I had from Dr. Craig C Bash. He had worked for the VA before going into private practice and knew exactly how to shape his IMOs and what terms to use.

I feel awful when I see that a vet has spent a good chunk of cash on an IMO that VA rejects because it does not conform to the IMO criteria.

It is a good idea along with the SMRs and medical records to send the IMO doctor a copy of the SOC that denied the claim and copies of the actual C & P results too.

I tabbed and referred to specific medical records in my IMO request - he got everything and read everything but this way the pertinent records could easily be found.

For Another IMO I requested (which I didn't need) from a forensic cardiologist because the award came before the IMO did -the guy who channels these requests for a forensic law firm to a specific doctor with the right expertise called me up to say they had never received an IMO request like mine.

Everything was tabbed and I had prepared an outline that referred the doc to specifics in the med recs and in other enclosed documents (from my FTCA and 1151 cases) and in the Evidence list I clearly described each piece of specific tabbed evidence and why it was probative to my claim.

What surprised me when this guy called me is that this was a forensic firm that almost always does IMos for cases in a court of law.You would think lawyers requesting IMOs for criminal cases would shape their evidence in the way did so that none of it could be overlooked by anyone.

This was a lot of time consuming work as each IMO I needed involved considerable evidence and the cardio IMO had to be shaped differently than the diabetes IMO.

Neither cardiovascular disease nor diabetes appeared in the veteran's VA diagnoses so that too was time consuming to reveal all the misdagnoses etc.

My long point here is that I regret veterans and widows have to do all this work and then pay some costly IMO fees in many cases.But many IMO doctors have little or no experience with the VA claims process and they need to know what evidence the VA needs to have.Having a copy of the SOC themselves restates what the claim is for and why the VA denied it.A copy of the actual C & P exam is invaluable to an IMO doctor to pick it apart for inaccurate medical statements or highlight evidence the VA overlooked.

An IMO doctor cannot opine on what they dont have so they need all available SMRs and med recs.

And sometimes it even takes more than one IMO.

Edited by Berta

Share this post


Link to post
Share on other sites

It took me four medical opinions to get my P&T finally. I took every denial "reasons and basis" and took them back to a doctor and had them rebutt those findings. My biggest advantage was that I was already 30% so the doctors just needed to show that my condition had gotton worse. The VA did fight me every step of the way which took more appeals and more IMO's. First they granted a rating of 70% based on two medical opinions that shot down the C&P that continued the 30%. The VA denied TDIU saying my unemployability was due to NSC conditions. Another appeal and another IMO. I got the TDIU but was denied P&T. That took another appeal and another IMO. The VA seemed to look my evidence over with a microscope to find something to deny. The moral is that you want your claim to be water proof the first time around as best you can. The VA will often deny even good claims and force you into appeals. It is a game of persistence and finding evidence to continue the fight.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
    • I have a 30% hearing loss and 10% Tinnitus rating since 5/17.  I have Meniere's Syndrome which was diagnosed by a VA facility in 2010 yet I never thought to include this in my quest for a rating.  Meniere's is very debilitating for me, but I have not made any noise about it because I could lose my license to drive.  I am thinking of applying for additional compensation as I am unable to work at any meaningful employment as I cannot communicate effectively because of my hearing and comprehension difficulties.  I don't know whether to file for a TDUI, or just ask for additional compensation.  My county Veterans service contact who helped me get my current rating has been totally useless on this when I asked her for help.  Does anyone know which forms I should use?  There are so many different directions to proceed on this that I am confused.  Any help would be appreciated.  Vietnam Vet 64-67. 

Ads



How to get your questions answered.

All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

Tips on posting on the forums.

  1. Post a clear title like ‘Need help preparing PTSD claim’ ...
  2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... 
  3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help ...
Continue Reading


  • Advertisemnt

  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Advertisemnt

  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines