ArNG11

It's law and regulation, but means nothing if the VA does not abide by it.

John I love your logic, but it's the damn truth. I chuckle in a sort of sad way though. These bozos take a similar oath that we took when we signed up in the military. To support and defend this constitution. To defend our country against all enemies foreign and domestic. Domestic, hmm like politicians who have their own selfish agenda. It's sad isn't. Not that I am perfect, but I think I have a better grasp on what a person should be like. What a decent person would do and should do. I think JMO until we as human beings learn to stop being so selfish and self serving our problems in society will just get worse. Downfall of humanity, we are our own worst enemy. Man I am really regretting not taking that sleeping pill. I am up this early with a splitting headache and I have a very long day ahead of me. Oh well. I will press on. I bet I will sleep like a baby tonight I am so tired, yet awake now. Go figure.

Just my opinion here but if you have the evidence and can cite the law and regs and do not have any holes in your claim. I would go for it. I have been doing that on my claims. The worst thing about not filing for something you think might be related to service is the doubt that is left in your head, that you should of filed when you had the chance. We all have a limited time on this battlefield, might as well make wisest use of it. If your claims have merit, someone just in decision making will see it.

Moderate Sciatic neuritis should be 20% if I am not mistaken.

personally I never read about an initial claim taking that long to get rated and decided on. But you are 30% right? I can tell you will get lowballed as most of us do. They will probably give you a 10% for IVDS of 1 vertebrae and unless you have 6 weeks I believe of incapacitating episodes you will not make the higher rating. Check the CFR though. I don't recall the exact specifics. Degenerative arthritis will either land you 10 to 20 % for each major subgroup but thoracic and lumbar are rated as one. Then there is the range of motion part of the regs. Greater than 60 less than 85 10%. Greater than 30 but less than 60 20%. Check out CFR diagnostic codes 5235 and so forth that you give you a good start.

I don't want to break the bad news to you on this. But in case you haven't figured it out. The time to have appealed that bogus decision was during the first year while in the NOD period. Since that time has long expired you are out of look getting any retro. There is a chance, that if you have everything they had at the time of the decision, and can prove that your conditions should have been rated higher, and prove that they did not follow the law, then you might be able to call a CUE. Clear and unmistakable error. However, with saying that, the process of CUE is lengthy and a crapshoot. Plus, you, as the veteran, don't have the law on your side as you do at the beginning of any claim. CUE is an ugly animal, although possible to win, it is a long drawn out battle. I am not trying to kill your hopes. I am just trying to prepare you for the BS! Ask around on here. Berta has some CUE templates and you can research on your own some of the decisions that the BVA and CAVC has made. There are plenty of Supreme court decisions as well. The amount of firepower you have and use is totally on you. The law, regs, and precedent set by the courts are your weapons. Evidence is your artillery and truth are your smart bombs. Hit them every which way you can.

I am a bit of a pessimist and a realists. You and I or just say we as claimants are going to have to realize that the VA is not our friend. They are not going to make it easy on us. They are an insurance company of sorts, plain and simple. They are going to try to tear up the validity of your claim, attack your character, blame it on something other than your military service, such as genetics or some type of willful misconduct on your part. Yes the law is on our side, yes there are regulations that state this is how things are supposed to be, however, if that were the case there wouldn't be the need for an appeals process. There would not be a need to seek appellate review and furthermore there wouldn't be the need to take this up to through the court system. It is what it is. The sooner you realize that the real enemy is the VA system, the sooner you will be in conquering your new enemy. Not trying to be dramatic. I am just stating how it is. The weapons you have now are law, regulation, and evidence so it would behoove all of us to use them strategically and without remorse. This IS our reality and this IS our new WAR!!!! JMHO from the heart.

What else are you to do if you don't drive on. It is a personal choice which only you have the power to make. Either you get up when you fall or you give up. Those are the only two choices you have. I chose and I am choosing to keep going.

It's amazing how that crap works isn't it. Deniability, it wasn't in the C-file. Yeah BS, when wasn't in the c-file, before of after you shredded it, or if you mr rater even looked at it. You must have since you didn't mention it explicitly . Look copy everything, keep a journal and keep multiple records. Buy a high speed scanner, opt to have a records review, keep all your mail you send these bozos. It is all a PAPER TRAIL. Just like this websites advocates. I will say in my case. I just sent my whole file to a records review agency. I didn't have the chance to copy it since it was 15 1/2" thick, I am running out of time, but I am getting ready to hire a lawyer as this is too much for me and they can request a copy via the law. I still have mounds and multiple copies of private records which is where most of my conditions are documented anyways so tit for tat of sorts. The VA doesn't know me and what I am capable of doing. I am committed now and there is nothing turning me back from the path that has been laid down before me, except death, and I don't plan on dying anytime soon, at least as far as I can help it. Excuse the affirmations. A good IMO/ IME is worth the time and the cost. Better to have in service documentation, however, an IME/IMO can be a powerful weapon. Members here have won and it is possible. Just keep pressing.

i would say most likely not. If you don't have the Inservice medical documentation they won't make that leap for you. They are notorious for this. Look through your records maybe you are overlooking something, that happens with the timespan I between your injury and when you decide to pursue a claim.

Dude. Get your records together. Get a copy of your c file, and get all private medical records together along with all treatments. You're gonna need this in order to get claim service connected. If you have inservice medical documentation you will have an easier time getting connected. They will lowball you and not address evidence so be forewarned. EVIDENCE and the regulations and law are on your side but be prepared to hump it.

I think a lot of our problems as veterans has to do with the mentality that was instilled in us when we were in service. Ignore the pain do what's necessary to get the mission accomplished at whatever costs and sacrifice. Our biggest ethical strong point is our greatest weakness. Don't push it. Don't put yourself in a wheel chair because of arragonce or pride, it's not worth it. I have come to terms with my situation and I know how I neeed to live my life from now on to live to an old man and be thankful for what I still have. JMHO.

Personally I have made the decision to get an IMO. If this fails then and IME. My point though or rather concern is this. If they ignore evidence, whether, in service medical records or private like mine, 15 7/8" thick all records. Why would they even acknowledge an IMO/IME? It seems to me, from what I ve read in the forums you only have a slight chance of getting this corrected at BVA or CAVC level, at times even worse, when it goes to the mighty Supreme Court. I am a little disturbed, but I can't help getting the image of seeing myself holding a 9mm to a rater's face and stating that you will adjudicate the claim by regulation, law and ALL the evidence. Im meaning this to be metaphorical but now and again I think about it. I know I'm pushing the envelope here a bit and letting some of my monsters out, however, am I really that far off the mark? I know this is the game now, but does it really have to be like this. Anyways, I believe that truth will prevail eventually. An IME/IMO is expensive. I am using one now and have sent records to a records review agency to consolidate my file. I decided to use Dr. Ellis. He is here local and more often than not has had positive results. I will say it is expensive. 15" or so of records. So I urge vets, that once they have a claim won and have a nice chunk of compensation to save the money for an IME/IMO. You will get lowballed and you will need the ammunition to counter the BS that the VA decision makers hand out. If there is such a thing as handout. I've given heart and soul to this country and I only ask that they take care of me in return for the service I provided. It is the only just thing to do. No amount of money will make me whole again, however, it can help the difficulties that I will face for the rest of my days.

NavyWife, Man I am sorry to hear about the C-file dilemma. I was shocked with all the horror stories on here about obtaining a c file copy. I was fortunate. The OK Muskogee Office sent mine within a week along with a letter stating that any future copies would be charged at so many cents a page. The letter that I used to obtain mine was a pre-formatted letter much like the one you wrote about. The only thing I would suggest is to keep up with how you're pursuing it. The VA ass clowns that get in the way of proper due process WILL answer for their negligence and outward disregard for the law. I can't tell you when and how but it will come. Keep pressing for it and go up the chain of command. I'm curious if, if you have a denial already have you considered obtaining an attorney. I'm kind of in the same boat in that regard. I am finding that attorneys, at least some, don't take a case on merit anymore. Their cut has to be worth their time. In any case wish you the best of luck.

I know I may be repetitive. But the evidence in his service medical records is a key strong point here. It's documented in his service medical records which is a big plus. The avenue of attack I guess is like most others, NOD, and CUE. Since the decision is older than a year NOD is not really an option as far as retro, however, CUE may be an avenue. Berta /Carlie although a tough pickle isn't this an avenue for her to pursue in tandem with an IMO. If he met the ratings then with the inservice medical records then couldn't Navywife pursue a CUE? It is opening a big can of worms, with the stricter provisions but would it not be worth the pursuit? The VA ignores evidence all the time until they get caught and then they try to strike a deal before it goes up the chain where the law gets laid down. I don't know. I'm not experienced in the VA shenanigans but they can only ignore the law and regulation so far. I am starting to learn what becomes effective in winning your claim, INSERVICE MEDICAL EVIDENCE. Along with IMO, IME, and lots of lay evidence. The VA can try to weasel their way out of anknowledging evidence only for so long.

The problem with any VA claim is that if it is not in the service medical records they don't acknowledge it existed then. And that it is a problem now. From my experience even when you have a plethora of evidence in your favor, like private medical records, unless the acknowledge it and rate a claim with the whole body of evidence, then you will always loose unless you can catch them in the act. Getting a full and correct copy of your c file after a decision or denial is IMPERATIVE, to your survival if you are beat these evil doers. This is my opinion from my own experiences.

The problem I am having with the decision is that there is no guarantees. I don't like those odds. However, my condition is progressing, and well I need to start thinking about my options. I have tried using the VA and I feel that is a waste of time. It takes too long to obtain effective care and I can't stop feeling like they, the VA medical professionals, could care less about my health and think of me as a scammer. It's getting close to a year since I have been service connected and the best they could do is try a couple of neuropathic medications. Not impressed at all. Never mind all the medical evidence and documentation that clearly indicate the level of problems that I have with my back. I won't even get into the other issues that arose from my gulf war service. Medications have so far been the best they are willing to do. Oh I did have a PT referral, only took 6 months but I couldn't go since I landed in the hospital last week. I have an MRI with dye for my brain here this Friday and within the week I have an EMG scheduled for my legs to really get a good picture of how bad I am. From there I need to make hard decisions that could have serious ramifications if I choose poorly. That's my reality now. I have accepted it and choose to press on. I came to a decision while I had time in the hospital to myself. I am not giving in. Not going to let this, drive me under. Never gonna give up, not until my last breath. That is what I decided to do while in the hospital. That is the path I have decided to take. Anyways I think I have divulged enough of what is left of my mentality. Thanks for the for info. I appreciate it.