ArNG11

Junk science will remain part of the VA's comp system as long as it keeps working. Deny, delay, claim oops we didn't see that. The VA can use who ever they want to opine negatively on a claim. Most certain that they will, but only if you let them get away with it. Challenge the exam, go after the credentials of the doctor, illustrate how the bogus opinion relies on incorrect information and speculation, then strengthen your favorable opinion, your favorable evidence. It can take a long time yes, however, if you have a strong foundation for your claim, a Veteran can win. It's not a paper, rock ,scissors game but here's my take Rock (creditable probative evidence) beats scissors, (VA's bogus, un-rationalized, junk science medical opinions) every time. JMO good luck

I believe I posted this but I figured I would put it on here as well. I did get service connected for the c-spine injury. Muskogee actually rated it 10%. The percentage is of no concern now, service connection was my goal. I have the Form 9 in route for the back and hips. Now the c-spine injury is connected. The left hip is my next target along with the right hip. Once the service connection is done, that's where I'll inform Muskogee, " hey guys, I've been stating this all along, the HMMV accident did far more than what you said it did" I do have some strategies in mind, even have a draft for a CUE drawn up, but I don't want to go that route if I don't have to. I think I have a good chance getting what I have described going the slow route. Kind of funny though, I realize how I quote "slow is smooth, smooth is fast", ironic because I didn't realize how much those words would be a part of my fight. Not to the extent that it has. But I know, and fully realize that when fit hits the shan I have a huge fight coming. "lock and load " gentlemen, "choose your targets" "squeeze that trigger" "poof" target down. Evidence is king, the regs and laws will have your back.

Navy4life, I would wish you luck but I doubt you will need luck. You are well prepared and have the evidence to back up your claim. Slow is smooth, smooth is fast. Go get them. You will do GREAT!!!

I concur. I've had a similar situation happen to me when I asked my gastro doc for the same. He was a private MD, who did part of his residency at a VA teaching hospital a long time ago. Sometimes they'll take the time and others they won't. It sucks. Ellis is an option, however, he is picky with the organization of the records so keep that in mind. If you organize them yourself stick to his example sheet. If you use that records review place, get copies of your records before you send them. They don't keep your records on file and will destroy what is not used. They are good at what they do, but those are the drawbacks I ran into.

Outstanding news to read about Rootbeer. I know the feeling. There are always alternatives and work arounds to make the VA work for you. I'm happy for you bud. Take care and congrats a good win.

I have been on both sides of that coin. If the exams were done at the VAMC then yes they will be available via blue button download on eVet or a walk down to FOIA office at the VAMC. When they are outsourced such as VES or QTC then you must put in a FOIA request to the VA. My suggestion, if I may offer it, is to wait until the decision is made on your claim. Yes, curiosity will sit on your chest like an elephant, however, by requesting an FOIA for a C&P exam while the claim is still being decided will undoubtably delay the decision making process. Don't give the VA the opportunity to delay the claim even longer, VA takes already what seems to be an eternity to adjudicate a claim anyhow. Ask for the copy of the exam after a decision. If the exam is a bogus exam you won't be hard pressed to prove that it is. Give the VA the rope to hang themselves, you still have the whole year to appeal the decision during the NOD period. Which gives a Veteran, a claimant, more than enough time to refute the exam with an impartial unbiased and thorough exam from a specialist or long term doctor. Probative evidence, even probative evidence that is in your C file that was ignored. JMO

As long as folks can get something useful out of this. No one is an expert right out the gate, however, you start to learn a thing or two along your battles with the VA disability system. Each claim is as unique as a snowflake in a winter storm. But all have some basic similarities. Snow is cold and theres a lot of snow flakes in a storm. Some will cling together other's will not. Just something to ponder on. JMO.

Looks like you have multiple options. The most important thing is the inservice records and the nexus, once you have that everything else should fall into place. JMO relax. From what you wrote it reads like you're in good shape for service connection and a win. Take care of yourself is a biggie.

Very informative, learned something new. : )

IME's are good, but I don't think you will need them at first. If you have documentation in your service medical records and you have been treated since service you should be good. I would recommend when you file to include inservice medical records. My service connection claim for this took about 4 months. The VA performed the C&P at the local VAMC and within 4 months I was service connected. The main thing that they look for is inservice symptoms and the doctor's nexus. I state that I included much more medical records than that and I got service connected, lowballed of course but service connected. I had the necessary in service medical records and post service treatment records. The VA was nice enough to provide the C&P examination. Mind you a gynecologist made the service connection in my claim so I would think you would be okay. The interesting part will be how they rate the condition and the medical code the VA uses. Hopefully they will follow proper protocol, if not you have avenues in which to fight it. The condition is one of the presumptive, however, that doesn't guarantee a service connections and/or correct rating. The main goal is service connection. Unless you file for a FDC, you shouldn't need much more than the above. Check out the regs and the gulf war presumptive list. That will give you a good base in which to start from. JMO

Heh Vync, I didn't say it would taste good. Nothing ever does.

Not that I suggest this but wanted to make you aware of the fact. There are some medications, pain medications, that cause constipation and you have to take stool softners or what I call gooey cocktails. Similar to psyllium and/or miralax. Ask your doc but consider taking half doses of this stuff may help. Either way a hard dance. Again talk to your doc about though. Don't just go off this suggestion. JMO.

Heh I had tried Enteragram, my private gastro doc gave a bunch of samples of this stuff, ask about it, it worked for a while for me. It may have good results. Worth asking about.

Worse than the "go lightly"? Sound's similar to Mobiprep. Oh Vync is right find the softest most comfortable tp, your posterior will thank you. Geesh

Nah you are correct the same issues applies to my case. Symptoms in service, symptoms now, and a nexus to tie it all together. The VA is just picky on what probative evidence they concede to. Sad but true. LOD's help immensely and so does continuity of care. Whether in the military or out whether a military doc or a private one, doesn't matter. Eventually the VA has to acknowledge the evidence, laws and regulations you just can't give up and keep fighting with the right tools and weapons especially medical evidence. I have a little of everything. Radicular pain is bilateral down the legs, with my injury I have it worse on the left leg down to the toes the right is past the knee almost always. Numb toes, decreased sensitivity and all that. Then theres the shooting pain down the legs which is a part of it. Funny sensations to have numbness and sharp pain down the legs at the same time. Symptoms, verifiable symptoms are a great help. EMG, muscle spasms, MRI's and fluoroscopic X rays are very good evidence.Plus when you have multiple nexus, well it becomes difficult to refute. Any way I am in the hopes that some of my rants and experiences help others on here. It is very possible to beat the VA and their shenanigans. Just takes some time unfortunately. Oh and can't forget to mention the knowledge and expertise from this forum.

flores97, thanks for the courtesy, but you have the right to state your opinion. No harm no foul. You are correct on the second part at least from the aspect that the HMMV accident should have been developed more. That will be addressed and corrected when I go in front of the Board. The mental portion of my claim was connected from issues in Iraq, however, depression from service connected injuries can be attributed as well. I took a different route and went for primary service connection on the mental health as well as the doctor's opinions of the latter as secondary. Nerve pain, neuropathy, I claimed as directly related to my back injury. The VA c&p examiners didn't argue the relationship just the degree of disability and the timing of the service connection. I was on Gabapentin for a time. It was working for a while, however, the medication did not help completely in my case. I also gained a significant amount of weight because the medication so I tried others, such as cymbalta, lyrica, and another that I can't recall of hand. Peoples chemistry and exact nature of injuries can vary results quite a bit. Depending on the nature of the injury and how the doctor/specialist provides the nexus to service will vary on the specifics of the circumstances. In my specific claim, the VA did not fight me regarding service connection. I will admit that the VA at least got some of it right. Gotta be careful here giving too many kudos to the VA, however, credit is due when it is due.

Thanks. I will need a little bit of lady luck. But yes I think you are right. Secondaries.

Bronco yes you are correct. Say a change in a back disability from 10% to 40% then from 40% 60%. Connection for a 50% service connected condition, things like that. Yes, those have been on my mind. I first had to throw a feeler just to verify what their response would be. The VA that is. I know now what I must do. Now it will be a matter of whether the VA comp side will play ball. Of course this pure conjecture on my part.

I did want to post a Thank you. A big thank you to this site and it's members. I'll get into the specifics at a later time and give a proper thank you and sincere acknowledgement to those that have helped and guided me in my pursuits. I know that I have a long way to go and my fight is just now really getting started. I have a clearer picture of where things need to go. I want to remind folks, that even though "our" fight sometimes comes at a great loss and cost, the fight is worth continuing. "Leave no one behind" means a little something more now. I believe I am starting to really get it. A bit more clarity in this guys distorted reality. Fight till your last breath. Never give up, never give in.

I was going to like this post, however, it just didn't seem right. I don't like the situation. The mere fact that this is part Veterans lives is unacceptable to me. I am in large hopes that these tragedies don't continue to happen without some clear and undebatable changes in Veteran care. How many lives must be lost in the bureaucracy before what needs to be done is done. We must be taken seriously. We must have change. We must not leave soldiers and sailors behind. Not like this. JMO

For a few moments I thought the VA may have had it right with the Choice program, however, it was very poorly thought out, but I like the idea. Besides I like going through experts and experienced doctors for opinions especially with back or neck surgery. I refuse to let the med side of the VA play with those areas. In my dealings the VA medical care, well to put it nicely, I just won't say anything. Even on the private side you must use caution. Serves a person well to do research and look up statistics and such.

Oh lastly the effective date. Can't forget that part. If I can manage this pipe dream, it will go back to my initial filing date of 2012. I'm dead certain there will be an all out battle royal for the effective rate but I will keep sane by flying and maybe a few 3DS games.

Yeah I agree with that as well. I am hoping the BVA will concur. Just hurrying up and waiting.