Foxhound6

Indeed. I had told my friend long ago that it was going to be a long drawn out process lol. Hopefully, once done, it will have what is needed.

Update for April 8, 2020. Received a letter back stating our request was now being forwarded along again. This time to Awards and Decorations? It stated once the Awards side finishes their research, they will correct any findings and send a copy. Sam.award update_Redacted.pdf

Shrek, I believe, is correct. VA.gov handles the uploads. Head to VA.gov, Log in. Then look for "Claim or Appeal Status". You should find your list of claims or appeals, select the one needed and there will be a section or tab for you to upload documents.

@vetquest Point taken. I just find it infuriating for them to miss so many things, so often. No worries then. For now, I will point out the error in their decision as it is and add more continuity of claim based on STR's. Paint more of the picture, as it were.

@JKWilliamsSr Would you happen to know where I might find this in writing? Id like to use this nice factoid in my rebuttal. If not, no problem, I am browsing forums and online.

Thanks JKWilliams. I assumed I may eventually have to do this specifically this way, however, I felt I had ALL of that on this claim to be honest. Had multiple lay statements, both service members and family and myself. I may take a swing at another supplemental, explaining their decisions shortcomings. Perhaps they will agree but doubtful. But by doing that, I would at least have my argument in the file for BVA review later if needed. I am still formulating my argument so all input is appreciated!

Noticed this just now..in the denial it sates "The first note from the Phoenix VA from May 26, 2016 also DOES NOT mention any back pain." In fact, it does. Even the VA examiner NOTED that in his opinion. He states "Initial visit to the Thunderbird Clinic on October 23, 2013 under review of systems notes for musculoskeletal pain some complaints of left knee pain, chronic. No complaints of back pain were noted. The initial note from the Phoenix VA May 26, 2016, notes back pain." Immediately after this, the examiner also confirms MY story of when I was told it was probably my knee causing the back pain in 2013. "In the history, it notes that he was told several years ago that because he has been limping on his left knee he would have back problems and now it is catching up to him." Perhaps they need to reevaluate the claim as secondary to my knee instead? (I have attached the DQB for reference) 1706204915_DBQRedacted.pdf

Ok everyone. Here is where I can really use some advice. Most of this denial seems based on lack of notes. Theres a few points I can make to these: During the time I was examined by VA first time, I was trying to go there for mental health help. I did complain of back and neck pain at the time but they didn't note it apparently and I was also told it was most likely due to my knee issue during same visit (2013). I eventually went to a different clinic, one I liked much better, and then was seen for my back and further mental health (2016). (I avoided the VA like the plague when the Phoenix VA appointment books fiasco around 2014 happened). My NP at that new clinic felt, it seemed, my pain i said was in my back, shoulder and neck was all related to my back. She called it "referred pain". I'm no doctor, I just went along. She did xrays of my back and found the DDD then.. Some time a little later, after the pain had just become unbearable at times, I went back and she scanned my shoulder and upper back, but not the neck. Few more years later, my neck is REALLY bothering me. At this point, with the PT and other alternatives I tried for pain I stopped going to VA for the treatment. I then went to my PCP and she referred me to the Core institute and when I get my MRI's that is mentioned in the denial. I have NO idea how they put down 5 years in the history as I explained my story to them just as I did with the VA by giving DATES. I did not specify number of years affected. I told them about my incident I felt caused it and the DATE it occurred. I don't feel my claim should have been denied based on someone else's poor arithmetic skills.. As far as in service, I ETS'ed from active approximately 3-4 months later. The pain then was NO WHERE near where it is today. I'm not fully sure how to attack this honestly. As I said, my initial visit with that VA clinic in 2013 was for MH issues primarily. I wasn't thinking about the back or neck at THAT time, even though I did mention it to them.. Back denial_Redacted.pdf

Congrats @Phild523!! I know the feeling! I was recently awarded the same (combined rating) for one of my claims. Enjoy the win!!

I agree...I have not received the letter yet but based on the doctors opinion and the DBQ I can already come up with 2 possible ways to appeal which tells me they probably rushed it once they saw the doctor opinion. But will have to wait and see. I have done all this myself, no VSO so far. Thanks!

Thanks Bronco!

Excellent. Thanks for that. I assumed that but I never like to assume things. Should give me multiple avenues to appeal this claim. Still waiting on the letter to arrive so I can see what the hiccup is. But this is helpful to know. thanks!

Curiosity question: If denied for a direct service connection issue, can you appeal it to be reviewed as a secondary to a current condition instead (based on evidence/CP opinion) or does this require a whole new claim?

Hello! I just wanted to inquire about my sub. I signed up for the yearly sub a few days ago but it has yet to take affect over my account here. Thanks!

@Vync Superb logic with that, Sir! These are the parts of the claim process that tend to give me the most satisfaction; being able to adjudicate your claim better than the VARO HA!