SC NOT

Thanks Berta the case has been at DRO since oct. 2012 also i could nt figure out how to attach the documents, I will post as soon as i figure it out

I filed a claim for lower back in 2006 after having to leave a job because of it, I was only separated from the service 6 months. I missed the c&p exam(personal) and got denied in dec 2006. Back pain continued but I was not even sure I was going to go through with the claim, I was just anxious to get to work again. Feb 2008 I go va hospital to treat a fractured foot and was asked as routine if i had any other problems, i replied well I have always had this lb pain and general burning of most of my back, I had no intentions to reopen my claim. They did xrays at the va and found arthritis. I reopened the claim had a c&p and was denied for non continuity of treatment since departure from service and lack of chronicity during service ,I appealed but my IMO did'nt write a rational he just filled out a short connection questionaire indicating most likely than not, va sited his lack of ability to review smr's although I showed him their denial letter stating I was diagnosed with lumbago in service, so my IMO was aware of an inservice diagnosis, anyway I returned to the original denial letter from the first claim that was subject to new and material evidence in order to be reopened. This is where I realize how cruel our fellow humans can be. My original denial letter for the first claim that I submitted 6 months after service stated clearly that injury in service was chronic and the examination was to establish risiduals (Presumptive service connection), so thechically all i had to do was show up and get at least 0% but when the case was reopened in 2008 and denied the c&p examiner said the only diagnosis i ever had was ddd at the va and he completely ignored my msr lumbar diagnosis and episodes showing clear chronicity. to make matters worst he specifically stated that there was no chronicity in msr' s when the first claim says chronic in service injury. Thats not it, the first claim was denied because I missed a c&p to establish residuals for an obvious chronic inservice injury, instead of using the c&p examiners diagnosis of arthritis as the new and material evidence used to substantiate the claim, they said that signing vcaa letter was new and material evidence because of intent to attend the c&p and they reopened the claim, when in reality I already had a vcaa in the original claim so thats redundant evidence, showing up to the c&p with arthritis, i think that would be all I need and continuity of treatment is not applicable because my original case is based on presumption awaiting c&p for residuals of something manifested within a certain time period. On my second appeal they just totally removed the original denial letter showing presumption out of the evidence. Did mri and found two herniated discs, ddd, scoliosis. My Va doc works at the same va facility with the c&p doc and he wrote me a letter confirming sc and filled out a more likely than not questionare. I have a buddy statement on my way from my squad leader who encouraged me to return to sick call, so she was in a way directly involved, also working on a letter from a supervisor when i left because of the inservice injury, I figure I can beat them anyway because the truth is on my side, the case is at DRO, I also added Iu and have a diagnosis for mood disorder with depressive features due to ddd and herniated disc,scoliosis. Do I have a cue, should I wait for dro to decide on continuity of treatment and depend on the new va docs IMO nexus to tip the scale in my favor with the DRO, what can I do with these obvious errors. there is a couple more I did nt mention