Jump to content
VA Disability Community via Hadit.com

  Click To Ask Your VA   Claims Questions | Click To Read Current Posts 
  
 Read Disability Claims Articles   View All Forums | Donate | Blogs | New Users |  Search  | Rules 

lcurle

First Class Petty Officer
  • Posts

    155
  • Joined

  • Last visited

Everything posted by lcurle

  1. I would have to have my PCP diagnose that and he stated "You're too fat to be taken seriously for back pain, what do you want me to do." Hmm....6'0" 288lbs with enough force to crush mens head like sparrow eggs between my thighs. anyways, unsure how to proceed, for got to take my Naproxen this morning and my non bulging discs have me laid up. I guess I would have to go get some IME's? Seems like Im always claiming stuff that my PCP diagnosis me with which then gets thrown out due to service connection. I have told my PCP and other examiner that I have no reflexes anymore when they test, they all say "really?" then proceed to test and find out that I don't and shrug it off and dismiss it as a culprit for something.
  2. It is a bunch of BS and since I had to push my provider to get an MRI initially. Usually he wants me to come in and discuss the results, this time he sent his nurse to send me a secured message saying oh continue with Naproxin. I am sure this will result in a poor chance to get my rating for my back increased from 20%.
  3. This is their answer. "Per your provider: MRI indicates some mild arthritis in back. Naproxen and avoiding aggravating activities is the treatment. Thank you, Team 10"
  4. anyone else care to chime in their thoughts?
  5. Not that I am aware of. So if this tells us nothing then I am at a loss for the pain in my back.
  6. Here is my report for my MRI: "Report: Exam: MRI thoracic spine. Reason for exam: Chronic back pain. Comparison: None Technique: Multiplanar, multisequence MRI of the thoracic spine was obtained without contrast Findings: Minimal S-shaped scoliosis is seen centered in the upper to mid thoracic spine. The remaining static alignment appears anatomic. The vertebral body heights are well-maintained. Minimal multilevel degenerative changes are seen with height loss and mixed low T2 signal predominantly in the mid to lower thoracic spine. A few scattered hemangiomas are seen throughout the bone marrow. Otherwise, bone marrow signal is normal. No evidence to suggest fracture. The visualized spinal cord demonstrate a normal intrinsic signal morphology. The paravertebral and surrounding soft tissues are grossly unremarkable. No significant spinal canal or foraminal stenosis. No obvious disc herniation. Impression: 1. Minimal S-shaped scoliosis centered in the mid to upper thoracic spine. 2. No acute osseous, ligamentous or discogenic abnormalities. 3. Minimal multilevel degenerative discs without significant stenosis. Report: Exam: MRI lumbar spine. Reason for exam: Back pain. Comparison: None. Technique: Multiplanar, multisequence MRI of the lumbar spine was obtained without contrast Findings: For the purposes of this exam the last well-formed disc space is designated L5-S1. The static alignment is anatomic. The vertebral body heights are well-maintained. Minimal degenerative changes are seen most prominent at L2-3 with height loss and mixed low T2 signal. A few scattered hemangiomas are seen throughout the bone marrow. Otherwise, bone marrow signal is normal. No evidence to suggest fracture. The visualized spinal cord, conus medullaris and cauda equina demonstrate a normal intrinsic signal and morphology. The conus terminates at approximately L1-2. The paravertebral and strandy soft tissues are grossly unremarkable. A few small cysts are seen involving the kidneys that are too small accurately characterize. L4-5: diffuse bulging annulus with facet arthropathy is identified without significant stenosis. L5-S1: Diffuse bulging annulus and minimal facet arthropathy is identified without significant stenosis. Impression: 1. Minimal degenerative changes without significant stenosis or mass effect. 2. No acute osseous, ligamentous or discogenic abnormalities appreciated." Your thoughts.
  7. I dont qualify for SSDI since my current disabilities do not "meet their criteria" Already tried that, Ill just sit here and fight like hell.
  8. Today is MRI day. Two appointment back to back for 2 MRI's?? doesnt make sense but at least Ill get my proof...or maybe it will disprove me??? Crap.
  9. I have a 50%, 20% and 10% rating. Right now my 50% (PTSD) is in appeals for increase since they claimed I am getting better buy deny me treatment. Just a bunch of red tape.
  10. I just saw the lumbar spine and lower back would be the same thing
  11. I emailed McDonald and 2 days later had a response from his office, not him of course, that it was being forwarded to his leadership team. 1 weeks later I get a call from my RO asking about 2 items I have in appeals, I said there is no more evidence to consider and that my appeals was, "Next in line" for the DRO. Ill believe it when I see it. In addition to that I get a call from the director of behavioral medicine asking if I want to come in for an intake exam for MH since I HAVE NEVER BEEN OFFERED ANYTHING FROM THEM. I said yes I want to get better, and the exam is scheduled.
  12. Just noticed this...possible CUE? This is the most recent lumbar spine degenerative arthritis 20% Service Connected 06/25/2014 lower back condition Not Service Connected Predischarge Exam (11/2004)
  13. Just noticed this...possible CUE? This is the most recent lumbar spine degenerative arthritis 20% Service Connected 06/25/2014 lower back condition Not Service Connected Predischarge Exam (2004) This last one was from when I ETS'd back in 2005.
  14. I have one scheduled already after yelling at my PCP since his general response to everything is, "What do you want me to do?"
  15. no worries, Steph, we all need to be on the same page when it comes to the VA and any insight would be beneficial to all involved.
  16. I get that pain as well, the Chiro told me I had a small bone spure that would knock my rib out, or course the VA cannot seem to find it on their xrays but will not accept xrays from a chiropractor.
  17. Yes my back is for "Lumbar spine degenerative arthritis" I can't straighten my back out without a sharp pain. Looks like i will be in the same boat with the MRI and injections. Finally my RO got a letter from the Secretary asking why I have not been offered anything other than the mention of a walk in clinic and now have an Intake Exam at the VAMC for treatment I would guess.
  18. Ill be the one in the yellow jump suit licking my elbows.
  19. Got a call back from Washington, Undersecretary for the VA or something wanting to get some information on the lack of MH I have received from the VA and get the typical rhetoric. I told them that the only help I get is the mention of a walk in clinic 40 miles away for any help. I also informed them that I was instructed not to file for IU from the RO because I just cant. Maybe once my wife and kids leave me and Im on the streets they might take interest who knows. whatever.
  20. I clicked it, denied everything. This combat vet is done....just done with everything.
  21. FINALLY got an MRI scheduled for my back and my PCP is going to refer me to pain management for epidural injections. C&P today was for "Hip pain" although I never claimed that, what ever. ROM is less than normal and sent for xrays, examiner said it doesn't appear that I have a valid claim for hip pain.
  22. We shall see what my PCP says tomorrow when I go in about my back. I'm sure it will be the same rigmarole as last time, "physical Therapy" and "ice"
  23. There are probably half a dozen loopholes which refer back to this regulation that uses words like, "certain claims", "with regards to" and "does not apply" § 3.103 Procedural due process and appellate rights. (a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3. (b) The right to notice— (1) General. Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief. Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision. (2) Advance notice and opportunity for hearing. Except as otherwise provided in paragraph (b)(3) of this section, no award of compensation, pension or dependency and indemnity compensation shall be terminated, reduced or otherwise adversely affected unless the beneficiary has been notified of such adverse action and has been provided a period of 60 days in which to submit evidence for the purpose of showing that the adverse action should not be taken. (3) Exceptions. In lieu of advance notice and opportunity for a hearing, VA will send a written notice to the beneficiary or his or her fiduciary at the same time it takes an adverse action under the following circumstances: (i) An adverse action based solely on factual and unambiguous information or statements as to income, net worth, or dependency or marital status that the beneficiary or his or her fiduciary provided to VA in writing or orally (under the procedures set forth in § 3.217(b)), with knowledge or notice that such information would be used to calculate benefit amounts. (ii) An adverse action based upon the beneficiary's or fiduciary's failure to return a required eligibility verification report. (iii) Evidence reasonably indicates that a beneficiary is deceased. However, in the event that VA has received a death certificate, a terminal hospital report verifying the death of a beneficiary or a claim for VA burial benefits, no notice of termination (contemporaneous or otherwise) will be required. (iv) An adverse action based upon a written and signed statement provided by the beneficiary to VA renouncing VA benefits (see § 3.106 on renouncement). (v) An adverse action based upon a written statement provided to VA by a veteran indicating that he or she has returned to active service, the nature of that service, and the date of reentry into service, with the knowledge or notice that receipt of active service pay precludes concurrent receipt of VA compensation or pension (see § 3.654 regarding active service pay). (vi) An adverse action based upon a garnishment order issued under 42 U.S.C. 659(a). (Authority: 38 U.S.C. 501(a)) (4) Restoration of benefits. VA will restore retroactively benefits that were reduced, terminated, or otherwise adversely affected based on oral information or statements if within 30 days of the date on which VA issues the notification of adverse action the beneficiary or his or her fiduciary asserts that the adverse action was based upon information or statements that were inaccurate or upon information that was not provided by the beneficiary or his or her fiduciary. This will not preclude VA from taking subsequent action that adversely affects benefits. © The right to a hearing. (1) Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim within the purview of part 3 of this chapter, subject to the limitations described in § 20.1304 of this chapter with respect to hearings in claims which have been certified to the Board of Veterans' Appeals for appellate review. VA will provide the place of hearing in the VA office having original jurisdiction over the claim or at the VA office nearest the claimant's home having adjudicative functions, or, subject to available resources and solely at the option of VA, at any other VA facility or federal building at which suitable hearing facilities are available. VA will provide one or more employees who have original determinative authority of such issues to conduct the hearing and be responsible for establishment and preservation of the hearing record. Hearings in connection with proposed adverse actions and appeals shall be held before one or more VA employees having original determinative authority who did not participate in the proposed action or the decision being appealed. All expenses incurred by the claimant in connection with the hearing are the responsibility of the claimant. (2) The purpose of a hearing is to permit the claimant to introduce into the record, in person, any available evidence which he or she considers material and any arguments or contentions with respect to the facts and applicable law which he or she may consider pertinent. All testimony will be under oath or affirmation. The claimant is entitled to produce witnesses, but the claimant and witnesses are expected to be present. The Veterans Benefits Administration will not normally schedule a hearing for the sole purpose of receiving argument from a representative. It is the responsibility of the VA employee or employees conducting the hearings to explain fully the issues and suggest the submission of evidence which the claimant may have overlooked and which would be of advantage to the claimant's position. To assure clarity and completeness of the hearing record, questions which are directed to the claimant and to witnesses are to be framed to explore fully the basis for claimed entitlement rather than with an intent to refute evidence or to discredit testimony. In cases in which the nature, origin, or degree of disability is in issue, the claimant may request visual examination by a physician designated by VA and the physician's observations will be read into the record. (Authority: 38 U.S.C. 501) (d) Submission of evidence. Any evidence whether documentary, testimonial, or in other form, offered by the claimant in support of a claim and any issue a claimant may raise and any contention or argument a claimant may offer with respect thereto are to be included in the records. (e) The right to representation. Subject to the provisions of §§ 14.626 through 14.637 of this title, claimants are entitled to representation of their choice at every stage in the prosecution of a claim. (f) Notification of decisions. The claimant or beneficiary and his or her representative will be notified in writing of decisions affecting the payment of benefits or granting relief. All notifications will advise the claimant of the reason for the decision; the date the decision will be effective; the right to a hearing subject to paragraph © of this section; the right to initiate an appeal by filing a Notice of Disagreement which will entitle the individual to a Statement of the Case for assistance in perfecting an appeal; and the periods in which an appeal must be initiated and perfected (See part 20 of this chapter, on appeals). Further, any notice that VA has denied a benefit sought will include a summary of the evidence considered. (Authority:38 U.S.C. 501, 1115, 1506, 5104) [55 FR 13527, Apr. 11, 1990; 55 FR 17530, Apr. 25, 1990, as amended at 55 FR 20148, May 15, 1990; 55 FR 25308, June 21, 1990; 57 FR 56993, Dec. 2, 1992; 58 FR 16360, Mar. 26, 1993; 58 FR 59366, Nov. 9, 1993; 59 FR 6218, Feb. 10, 1994; 59 FR 6901, Feb. 14, 1994; 66 FR 56613, Nov. 9, 2001; 76 FR 52574, Aug. 23, 2011; 77 FR 23129, Apr. 18, 2012]
×
×
  • Create New...

Important Information

Guidelines and Terms of Use