dethnode

So, I had my appointment with my DAV yesterday, he said in his opinion the VA really screwed up not service connecting my back in 2012 when I originally filed my claim. He also said I screwed up by not appealing it, but that we will re open the claim and then apply for an early effective date for the back. I am curious about the C&P. At my last appointment, in 2012, I went and they asked me to bend forward, I bent as far forward as I could and pushed through what pain I had. Same with all the other range of motion tests. I was a martial artist for several years, and although I had nerve related pain, my muscles were fairly loose and I could bend beyond the level that I experienced pain. I can no longer bend and touch my toes, but I can still bend beyond where i experience pain. Especially since my surgery last month. My question now is this, when I go for my C&P how far should I bend, as far as I can, or as far as I can without pain?

SMRs, Service medical records? I was seen while in the air force for knee pain, but I do not have knee pain now. The knee was something the DAV in 2012 wanted me to claim. The lower back however, I was seen during service on multiple occasions. There was never a specific injury like falling off of a ladder or truck or anything, just pain. But I was seen, it is documented that I had complaints of lower back pain, and was given medication and physical therapy, but never any advanced imaging. No Xrays or MRI. Now, I have had an MRI since I got out, just prior to my surgery last month. Is the several visits to sick call for lower back pain enough to connect my degenerative disc disease to service?

I have no idea what a 5103 waiver is, so i am assuming I didn't reply to it. I will scan in what I have and attempt to upload it tonight. When I got the denial, I just went about life, I had a new son and new job etc.

You are amazing berta, how about i just fly out to meet you and you can put together my claim....

Ok, I was not given any rating when I filed in 2012. I just got back a packet that said that my claims were not service connected. Sorry if this is a dumb question, what is a CUE

Anyone?

I called and spoke to Dr. Anaise, He said that there was no way if i do get a rating that I could get it back dated to when I filed in 2012 and they denied saying it wasn't service connected. Does this sound accurate to you guys?

I do not have any ongoing knee pain, and do not wish to file a claim for it. I truly am not trying to get more than I deserve, I'm not claiming anything and everything that i might could get away with. I only want to claim my back because that is an issue that still affects my daily life. I'm an accountant, but sitting for long periods of time is impossible, that makes my job difficult to do. In the military, I was a communications tech. I ran cables and installed telephones. I climbed ladders constantly, and worked with my arms above my head often extending my back. I know that I fell off of a ladder once and the next morning I went to the doctor for lower back pain, but I do not remember if the fall is documented or just the lower back pain. I know that I was sent to physical therapy for lower back pain while in service at least on 3 occasions. On one occasion I was practicing martial arts, and felt a pop in my back and the next morning I went to sick call for lower back pain. My appointment with my DAV is on Monday. I have a letter from my neurologist stating that I do have severe disc degeneration. I was put told by him after my last flare up to not go to work for 4 weeks, does that count as incapacitated. Then after my surgery I was told to rest and not to leave the house for 2 weeks. He has told me if I wish to avoid further damage to my back I should never lift anything over 25 lbs again. He will write all of this, but he doesn't want to write that it is at least as likely as not related to the aggravation to my disc that occurred while in service. I am considering getting an IMO from either Dr. Ellis or Dr. Anaise. Just wondering if one were better than the other, and if it seems like it would be necessary.

I have read on here about using Dr. Ellis in OK City to get a nexus. Is a nexus statement from him worth the time or does the VA give little credit to IMO from doctors like him and Dr. Bash?

What is the opinion of Dr Ellis in Oklahoma city?

I have a follow up for my surgery in a couple of weeks. When I see my neurologist what should I request from him as far as a nexus statement goes. Do I just tell him, I need a letter that states that it is at least as likely as not that my current diagnosis is due to aggravation to the lower back during my time of service. And a medical reasoning as to why it's at least as likely? I guess what I am asking here is what exactly is a nexus, and how would i go about getting a neurologist who just saw me for the first time 1 month ago to write a statement connecting current condition to service 7 years ago?

So, the third element (Nexus, or a doctor stating that current back condition is "at least as likely as not" due to xx event in service. That element is my problem, I have plenty of documentation of lower back pain while in service, but no specific event that lead to the back pain. So I would assume that meets the second element that there was evidenced aggravation of condition. But none of my doctors thus far are willing to state that this condition is likely due to aggravation during service. I considered going to one of the doctors that are discussed on this forum like Dr. Bash to get an IMO. But my appointment with my DAV is for mid July. I assume I could not get an appointment for an IMO before then, but could probably get an appointment before my C&P. If I did so, would the IMO being done after my initial appointment with the DAV be a problem. Also, given the circumstances would you recommend getting an IMO?

Ok, first let me say, I am sorry for the long winded post, and also if this is not in the proper place. I served on active duty USAF for 7 years from 2003 to 2010. Prior to joining, there were no instances of ever having back problems or even a day of back pain. During my service, I had several documented lower back pain clinic visits. Most of the time, I was given a exemption from physical training and some Ibuprofen. On three occasions, I was sent to physical therapy and to chiropractic services. Never were there any advanced imaging tests performed. After I separated in 2010, I did not file any claims for disability. I continued to have back problems that I would go see my primary care physician for and would be treated with muscle relaxers and/or steroids. In 2012, a friend that I kept in touch with from service told me I should go and file a claim, so I did. I filed for three issues (knee pain, back pain, and shoulder pain) on the advice of my VSO. The knee pain I had before I went in and it was documented before I went in, so I figured that to be a waste of time. The shoulder pain was just a click in my shoulder that was not really painful and caused no difference in my daily life so I did not see that as relevant. However, the back pain did not start until I joined service, and had become an issue that was more often painful that it was not painful. So I filed, and went to my C&P and they did an X-ray and ROM test for all three claims. Several months later I got a letter in the mail (to the wrong name) but with my information, that all three of the claims had been deemed not service connected. I was fresh out of college and just starting a new job, with newborn son, and basically running in every direction just to get day to day things accomplished and at the time the back pain while a pain in the butt, was more of a nuisance than anything else. So from that time until last 2015, I have been treated by my PCP approximately 2 or 3 times a year with steroids and muscle relaxers for lower back pain, and have seen a chiropractor on occasion. In 2015, I had a flare up of back pain, that sent me to my doctor, this was different, it was the same pain but much more intense. The PCP said it sounded like a herniated disc, but that they would treat it with physical therapy. I asked "can we please do an MRI to confirm"? His response was that the MRI is an expensive test and that it is better to do the physical therapy and see if it gets better. Well over a 3 month period of physical therapy it did gradually get better but did not return to the same. Then, 1 month ago, while picking up a pair of shoes, I could not stand back up, every attempt to straighten my lower back was met with excruciating pain. I was home alone with 3 children, my wife was at work. My youngest (7 months old at the time) was in his crib crying, and I was stuck on my hands and knees. I called my wife who came home to help. But when she attempted to help me stand, my legs were numb (like not there numb), the pain in my lower back when attempting to stand sent me into screams of pain. We had no choice but to call for an ambulance to take me to the ER. When they placed me on the stretcher and straightened my lower back, for the first time in my life, I blacked out. At the ER they finally ordered an MRI, and it was confirmed I had a herniated disc, with several fragments pressing against the nerve root. They referred me to a neurologist and he recommended I let it wait 4 weeks to self heal and then determine if I wanted surgery. Two weeks in, I called him and said schedule the surgery. I had paid radiating down my right leg. I was unable to sit, drive, stand, walk. The only thing I could do was lay on my side with my knees bent 30 degrees. He performed the surgery and said that things were worse than the initial MRI, he said he did remove several bone fragments from my nerve root, and that I had sever disc degeneration to the point that there is almost no disc left. He said I am likely looking at fusion in the next 5 to 10 years. So, now that brings us to present day. I have called a different VSO and scheduled an appt. I am going to re-file my claim. Is there any chance of this turning out favorably for me?