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rpowell01
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Posts posted by rpowell01
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That is nice and sweet....
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Man thank you, I have been looking for something like this for a few weeks now.....Again Thank YOU.....Time to get some more ink, paper and a new binder so I can read this stuff....Hate reading documents on a computer, I guess looking a computers for over 8 years does this to a person.....
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The best thing I find to do is do your homework, ask and seek and you will find. Then do everything yourself or pay $$$$ to get an attorney. I have had problems with my local VSO losing paper work filed 14 years ago or new claims not making it to the RO....Now I do it all on my own by researching and doing my homework.
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Also you can fight them all day and never win. The way to win is get proof. Go beyond and get the proof. Have an orthopedic examination or go see a neurologist about your SC's issues. Once they make a determination then you can use their reports as proof. Trust me I have learned the hard way and still learning thanks to those on this board.
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The DeLuca Factor:
DeLuca v. Brown, 8 Vet. App. 202 requires the VA in musculoskeletal disabilities to take into account limitation of motion resulting from pain or functional loss. Key word "Musculoskeletal"....Nerve damage causes spasms/trigger points which are musculoskeletal.
Type in google.com
DeLuca v. Brown, 8 Vet. App. 202
and see many, many decisions based on this.
Here is a good one: http://www4.va.gov/vetapp03/Files/0312744.txt
Trust me read about the DeLuca Factor
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Good example for TDIU would be my situation: Rated 40% but could be paid 100% if I was unemployable due to my service connection. Hope that helps...
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P&T = Permanent and Total Disability.....Yes the rest of your natural life....Kind of like a P3 Profile in the Army, once you get it there is no coming off of it.
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Also not everyone has a good VSO. The one in my county is just plain lazy. I really feel bad for him because nobody is referred to him that much anymore.
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http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalrecords.html
Charges
A provider cannot deny you a copy of your records because you have not paid for the services you have received. Even so, a provider may charge for the reasonable costs for copying and mailing the records. The provider cannot charge you a fee for searching for or retrieving your records.
You might want to check into the "reasonable charges" because you paid way too much IMO. Also look carefully at the word RETRIEVING.
Hope this helps...
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BTW the reasons I ask is because if I am not mistaken PAIN is not a diagnosis. Correct? So, how did the VA give me an award 14 years ago for mechanical lower back PAIN syndrome and mechanical cervical spine PAIN if pain is not a diagnosis? Reading the award letter it shows I was given a diagnosis of cervical spine disease. The examiner noted that your cervical disc disease is not a progression of mechanical cervical spine pain.
How can they say that? I am sorry for all these questions because I am trying to decipher all of this stuff. If PAIN is not a diagnosis but a disease is how can they say that the cervical disc disease was not a progression of the cervical spine pain.
Whenever I write the NOD, do I need to include any documentation or wait for a DRO hearing?
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Okay thanks I understand now.
What I wrote below was from an ADDENDA report. I just read the first report. It states this:
Regional Office staff states says the veteran is service connected for mechanical lower back pain and mechanical cervical spine pain. CURRENT diagnoses of lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease were provided on examination 08/25/10.
So my question is can I file new claims for lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease since they are now CURRENT diagnoses? OR are these part of the mechanical lower back pain and mechanical cervical spine pain? It doesn't makes sense that on May 6,2010 they diagnosed all of these; lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease but the ARMY showed the conditions was NOT noted on testing.
They Army never gave me a true diagnosis except mechanical lower back pain syndrome. But seems to me the ones above are legit diagnoses.
I just realized they have given me a diagnoses, FINALLY.
Or do I file a NOD with DRO with a correct and current diagnosis. I am trying to figure this stuff out.
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So what level is the Motion for Reconsideration done at if you don't mind me asking?
I also thought about the same thing about the evidence issue because why would the examiner NOT have any records to go by knowing, first I was already service connected and second she was conducting an examination to see if my conditions worsened. Why would somebody who is examining you in the first place not have past records to at least read over to find out exactly what happened and what the Army's medical staff said in their reports. She stated she had nothing to go by. Now they have something to go by on my recent records I sent in with my new claim on my TSpine.
My final thing is the examiner is a ARNP which I do not believe on a personal level is qualified to make any determination or diagnoses of my back and neck because she is not a specialist in this area and second I don't believe and ARNP has enough credentials to make any diagnoses of this type. She goes by mere literature instead of credential. This does not qualify her to make any diagnoses on my back. The RO was saying this but she said that. If I knew the day I walked in she was an ARNP I would have then requested to see a PHD Doctor before I would have had an C&P Examination and if they would have declined it I would have walked right over to the RO next door and filed a complaint.
I am filing an NOD and choosing DRO. I have read about the DRO. I just don't think the examiner did a good job because I was only in the office maybe 15 minutes. Also on the report it talked about rotation. Not once did she ask me to rotate for my lower back, my neck she did but not my back.
Now, I am reading over the DC numbers which I cannot even find those numbers in the DC list. Can anybody else?
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Sorry don't know how 2 post of the same thing got in there....
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I understand that. I have most of my C-File already which I made copies of before I got out of the Army. I just want my MEB report from the Army. I have everything else believe it or not.
As for them being my VARO I haven't had any problems with them until today whenever I read over the C&P report.
Here is what the report reads:
The Regional Office staff says the veteran is service connected for mechanical lower back pain and mechanical cervical spine pain. Current diagnoses of lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease were provided on examination 08/25/2010. Please advise if the lumbosacral disc disease, lower lumbar degenerative joint disease and cervical disc disease are a progression of the veteran's mechanical lower back pain and mechanical cervical spine pain. If not, please state which disabilities are responsible for the veteran's limitation of motion, pain, gait, and abnormal spinal curvature (lumbar and cervical flattening). If this can not be resolved without mere speculation, please state.
From here the ARNP replies:
Discussion: Lumbosacral disc disease, lower lumbar degenerative joint disease, and cervical disc disease are not a progression of mechanical lower back pain and mechanical cervical spine pain. Unable to say if injuries in the service led to future lower lumbar degenerative joint disease, without speculation. Lower lumbar degenerative joint disease and lumbosacral disc disease and cervical disc disease were not noted on testing in the service. Unable to say if injuries in the service led to future development of lumbosacral disc disease and cervical disc disease. On 08/25/2010 He denied any injuries since past C&P exam.
Regarding limitation of motion, pain, gait, and abnormal spine curvature (lumbar flattening) FROM Mechanical lower back pain syndrome (LUMBAR STRAIN) and limitation of motion, pain, gait, and abnormal spinal curvature (lumbar flattening) from lumbosacral disc disease, lower lumbar degenerative joint disease; I cannot offer an opinion because of such knowledge is not available in the medical literature, and any opinion would be speculation.
Discussion: Unable to separate out the limitation of motion, pain, gait, and abnormal spinal curvature (lumbar flattening). The radiculopathy symptoms wold be more likely due to the disc disease.
Regarding limitation of motion, pain, gait, and abnormal spine curvature (lumbar flattening) FROM Mechanical cervical pain syndrome (LUMBAR STRAIN) and limitation of motion, pain, gait, and abnormal spinal curvature (lumbar flattening) from lumbosacral disc disease, lower lumbar degenerative joint disease; I cannot offer an opinion because of such knowledge is not available in the medical literature, and any opinion would be speculation.
Discussion: Unable to separate out the limitation of motion, pain, gait, and abnormal spinal curvature (cervical flattening). The radiculopathy symptoms wold be more likely due to the disc disease.
Now tell me I am not crazy by saying I should NOD this? Just by reading this and reading what was on the award letter are somewhat 2 different things. On the award letter it reads:
Mechanical cervical spine pain (also claimed as limitation of motion and bulge in neck and previously evaluation under DC 5290)
Mechanical lower back pain syndrome (also claimed as lumbosacral strain and thoracic spine and previously evaluated under DC 5295)
Something is not right reading the examiner's and RO's report and comparing it to the award letter. Please tell me I am no crazy ?
Any information is helpful right about now. Should I NOD or not? I am not wanting opinions but advice if this was you. Should I wait on my Thoracic Spine claim to finish or go ahead and write a NOD because I feel they missed it.
I truly believe someone lost my records and now that I sent copies of them to the RO along with my new Thoracic Spine claim this why it is now at the ratings office without me even having a C&P on my Thoracic Spine.
Now I see why broncovet said what he said. I am tired of being ran over and I am NOT going to be ran over no longer by the VA. If I have to get a lawyer and fight this I will. It is funny how they gave me 40% total just by the report of the C&P examiner whom could not "speculate" because it's not in the literature. If they only knew how much suffering I have been through because of this, if they only knew. And no I am not one of those who is going to "pop" pills the rest of my life just to ruin my liver in the long run. Either way, it is a no win situation.
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Well I went today and got copies of my VA reports at he Records Information. Then I went over to the VA Regional Office at Bay Pines and requested a copy of my C-File. I had to request it to be mailed to me or wait a long wait for them to be copied. They will "hopefully" be mailed to me. Thanks for the help..
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WOW I just talked to a benefits counselor on the phone about getting copies of my records. I also asked if they received my new claim on my T-Spine. She said they did and that it was already sent over to be rated. I asked how because I didn't have a C & P exam yet. She asked me what evidence did I send in with it. I told her my whole military medical records with highlights on each page along with a 2 page claim statement. She stated that if I showed enough proof just with my records and claim statement that they do at times waive the C & P exam. Is this correct or what do you think is happening?
I could be wrong but I feel that since I missed on filing for this 14 years ago and the VA knew about it this why they sent it to the rating dept.
I also talked with her about TDIU. I told her what I did for a living and gave her a brief description of my position. She advised me to submit for TDIU even though I am rated only at 40% because of the demand my job and how it aggravates my neck and back. Is there a special form for this or can I just type out another claim statement requesting TDIU?
I cannot believe how nice this counselor was to me. I am stunned!!!!!
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I dont see an edit button and I have another question. I go on January 4 to Bay Pines for an MRI. I do have a right to get a copy of my medical records/reports at their records dept?
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First I have read everyone's reply. Thank you for the information. I am not and have not diagnosed myself in any claim. I just stated what is going on and what I am experiencing. What I did do on my last claim that I just file on my T Spine was point out the fact that everything started in my TSpine which is proved through my military medical records. That is all I said.
Also, the VA doesn't have me being in Ft McClellan for 3-4 months but I have all documents on that and made that factual statement on my claim I was there from what date to what date. Trust me I am not diagnosing myself because I have tried in the past to no avail. Heck all these DRs with 10 years of college can't and have never diagnosed me on my back. They are just stunned as I am on what is the root of the cause.
fanaticbooks I will read the website, thank.
Rob
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I was recently rated at 40% for Mechanical Cervical Spine Pain and for Mechanical Lower Back Pain Syndrome. Here are my questions:
1. Can I claim for all the spasms I have in my neck which in turn gives me headaches all the time? Would this still be primary claim or secondary because I do not know if they separated muscle spasms from Cervical Spine itself?
2. Would this be the same for my lower back syndrome (lumbar)?
I am trying to figure out since they separate the spine itself how about the tissue attached to the spine, are they separate or part of each section?
I get a lot of headaches which is driving me crazy because there isn't a day that goes by that I don't get them. I know they are from the spasms I have in my neck because the muscles in my neck feel like a brick whenever I have headaches.
Any info would be very, very appreciated.
I have already submitted my claim for my Thoracic Spine which I missed claiming 14 years ago. Reading over my military records I realized that this was the origin of the problem. Some Doctor in the Army pushed on my back because of a facet dysfunction a physical therapist said I had and she could not push back together.A few days after that pain went down to my lower back then few weeks later to my neck. I have documented proof of this Doctor doing this and highlighted all of it and sent it in with my claim to the VA. I actually feel that because of what this Doctor did I am in the situation I am in today. I really do feel like this, I hate to believe it but documentary proof shows the actual events. I originally hurt my back on a field exercise on the Big Island of Hawaii. I jumped out of a Black Hawk and my one of my feet was stepped on while I was about to jumped. I landed on my face on the ground and the person behind my pushed my legs over while he jumped out. I was bent backwards so bad that I could see my boots in front of me. Well I got up and I didn't feel nothing hurt in my back but my face hurt from the fall. Then two weeks later I was drilling into dry wall in my NBC office to make more room for chemical mask and boom my chest starting hurting. Well after seeing the DR at the TMC he said I strained muscles in my mid back. Weeks later it was still hurting but now I was sitting leaning to the right. He sent me to physical therapy and the PT told me I had 3-4 ribs dysfunctioned. Which at the time I didn't understand what she was saying but now I understand what it is. She pushed on my back a few times for a couple of days and then she said she could get a couple of them back in. She told me she would have to find someone on Schofield Barracks who could do it. Well she gets a reply by a Family Medical Doctor who was the person I was referring to who I believe ruined my back. He pushed on it, I heard it pop and said OUUUUUUUUUCH. He gave me a prescription for Valium and said I should get better. Well 3 days later I awoke to get ready for PT and booooom I had to have my roommate help me out of bed. I then went to sick call and this is when all heck broke lose for me for the next year and a half.
Sorry for the long story but I wanted others to see why I feel like I feel. Something so simple that at Chiropractor could have fixed some other guy ruined my career that I was wanting to accomplish. I talk with a friend who now a 1st Sgt in the Army and man it really upsets me because he is about to go to SGT Maj School and I am sitting at home BROKE because of this Doctor. Do I blame 100% on him, not entirely but he sure played a huge factor in why I am at home.
Please forgive me for writing a bio out like this but I really feel I had to get this off my chest and I feel that now it is time to payback to come back to me for the pain and suffering I have been through for 14 years. I sat on it for so long and I have secondary issues waiting to be claim because of the stress it has caused in my life. I kick myself everyday because I grew up taught not to take "hand-outs" and to work for your $$$$$. But I now I feel I earned this and every cent that is giving to me and I don't feel "prideful" anymore. My family has suffered long enough especially my wife, who has takes good care of me whenever I am in pain. I love her so much....
God Bless...
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Welcome, yes you can set that.
Click on your name up at the top right.
Choose My Settings
Under Your Options you can choose Forums
Then towards the bottom under Topic Display Mode
Choose Linear+
Hope this helps...
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I posted this in the wrong topic and coping it here.
I received my retro pay for upping my % a few weeks ago which was retro back to July 1, 2010. I was in the beginning rated @ 0% for certain reasons I will explain later. But my question is since they retro it back to July 1 and sent me a check wouldn't I also get retro for dependents? The check that was sent was as if I was a single person without dependents. Along with my award letter was the dependent form I sent back to them and they received it last week. If I get the retro for dependents would it be direct deposit or another check?
Thanks
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Thanks Carlie...
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Can anybody explain what separates the back, from what point to what point is considered lower back, mid back, upper back and neck?
I am SC'd for C Spine and lower back but all my problems originated in my my T-Spine area. I have been reading over my Army medical records for a week now and I have highlighted on every page that points to my T-Spine area. I am filing a claim for this tomorrow. I have it all ready along with my statement plus copies of all my records with highlighted areas to show proof. I cannot believe I missed this whenever I was discharge and for the last 14 years. I am now kicking myself everyday.
Thanks.
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I am sorry I forgot to answer your question about am I employed. Yes I am employed and what is happening now to me is affecting my employment. Actually the symptoms are agitated because of my work. I am a Corrections Officer. I was this before I went into the Army and decided to go back doing this once I got back out. My job details me to drive for long periods of time to take detainees on medical trips or on long road trips to court throughout the whole State of Florida. There are days when I have to sit in court all day, for 8 hours or sit at the hospital for 12 hours. It is just getting too much on me and I feel it is worsening my back problems. Sitting in court and having an Anxiety Attack is not fun and happened many times. I cannot control when it happens. I am afraid that one day I will be driving and ending up in an accident because I will have an Anxiety Attack. Sometimes I can feel it come on sometimes it is instant. Hope this answers your question and thanks for the information...
Fascinating Detailed Document On V.a. Law
in VA Disability Claims Research
Posted
delta save the file first then print it....