kent76

Berta, again, you are a wealth of information! Thank you and everyone for your support!

Thanks! I never even considered filing another claim for VA compensation until I started reading this message board and realized that I suffered several possible ratable injuries while serving on active duty! I believe my back problems are directly related to the so-called back sprain in 1985 which caused me to experience back spasms several times a year following the injury. I believe that my compression fracture happened at that time; nonetheless, I fractured my ankle in 1987 and the medical clinic misdiagnosed it as a sprain. A few months later, after even running a mile and a half run during our annual PT, the swelling got worse and I had an x-ray which revealed a fracture and was then properly treated at Portsmouth Hospital and fitted with a walking shoe. I only started having knee problems toward the end of my enlistment in 1989 while stationed onboard the USS America. Upon my exit exam, I complained of both back and knee problems and I think they suggested that I schedule an appointment with the VA asap. I filed my claim less than 2 months later after having problems climbing the stairs in our house. I really don't remember what month the VA decided my claim but it was very quickly and possibly before the results of my physical exam at the VA hospital. This is why I need to see my c-file! Regardless, I believe that I had a ratable condition because of the results of the VA exam for degenerative knees! Am I correct in assuming this?

Thanks for your information! How do I go about finding out my claims number? That would really help alot!

I did request a copy from the records office in St. louis but they sent me a letter saying they were in Roanoke,Va but a counselor in Roanoke are told me that they are in St. Louis and that his computer shows that they are there???? I vaguely remember getting a one page letter informing me that my claim was denied. Back in 1990, there was no C&P exams that I know of. I got out of the service in December, 1989 and filed my claim in early Feburary,1990. I scheduled an appointment and had to wait until June to have my knees evaluated. The doctor said that I had degenerative knees with worn cartlidges causing the bones to rub together causing fluid in my knees. They assigned me to therapy. Wouldn't this constitute a rating of 10-20%? I accepted the decision thinking that I would get better. Within a couple of months, I had severe back spasms in my lower back and the pain never went away! My VA records are archived so I have to send off for copies of them as well!

I filed a claim for my knees 2 months after exiting the Navy! I was denied my claim; however, a scheduled exam at the VA hospital revealed degenerative knee conditions a few months later. I am not sure exactly when my claim was decided but it was a really quick decision and the results of the exam may not have been included. I never appealed my case yet all of this happened within one year of getting out of the service. I never saw the evidence used in making this decision! Recently, I had my knees checked again at the VA hospital, and the VA doctor told me that I have arthritis in both knees and that this condition is the number one disability among sailors stationed aboard ships. He said that I should definitely get service-connection on this condition. My question is, since I filed a claim within the one year time-frame for my knees, shouldn't the degenerative knee diagnosis from 1990 and the recent diagnosis entitle me to a cue for this condition? Also, I had a fractured ankle, severe back sprain(no MRI), and a broken nose while on active duty. I am filing claims for my back(lumbar spine) with stenosis, spondylosis, compression fracture(possibly from active duty),bulging discs, and foraminal narrowing. All of these were confirmed by an MRI(twice). I also have DJD in my cervical spine, and joint pain in my right hip and right ankle(fractured). I am fairly certain that I am suffering from mild depression due to the intense pain. I am contemplating fusion surgery later this month on my lower back and applying for SSDI. Final question, I was slightly injured in a work-related car accident with slight bruises but the doctor asked if I had any problems and I did mention my back pain and he ordered an MRI which revealed these conditions earlier mentioned. As a precaution, my job placed me on temp-total disability. I have been on this since May of 2007. What impact will this have on my claim and how should I approach filing these new claims?

I certainly don't want to be disruptive by any means up here! I have no problems with anyone up here and have actually made peace with a few since because I didn't want them to think that I am attacking them personally or their values. But, there have been several topics started that I feel was directed toward me which includes the terms "lying" and "fraudulent"! Then again, maybe I have a mental disorder and is just paranoid! J/K Seriously, what you ask is fair enough because you have been very helpful for me as well as everyone else up here! I have strong opinions on some things but that doesn't make me right all the time or wrong all the time either. thanks ken

Fair enough and I appreciate your thoughts! There is definitely nothing wrong with someone who adheres to moral ethics and dignity! I wish that the VA was as ethical when rating veterans claims! It seems to me that the money they spend fighting veteran claims with all of these bogus C&P exams and redundant appeals could be better used in approving claims with supporting evidence rather than seeking reasons to deny our claims thus keeping this system in chaos! I am certain that the reduced workloads, reduced exams, overtime pay, and lobbying expenses could provide the funds to finance this type of reform.

I guess that I have a problem with this rule! I have know people fired from their civilian jobs for "lying" on their applications about things that shouldn't apply at all! Let me give you an example, a friend of mine had several unpaid traffic tickets from 5 years ago but was fired from a good job that he recently accepted! Was he obligated to disclose this information? Heck, most of us can't even remember back that far! Getting back to the pre-existing conditions, most people don't know the extent of their problems therefore the question becomes an opinion! If the question is- Have you ever been treated for or hospitalized for depression, and the person only checked themself into a clinic seeking help but left without treatment because they couldn't afford treatment, they could honestly answer no to the question thus there is no fraudulent intent involved! I know what you are implying but without any medical evidence to contradict this statement, there can be no legal case for the VA to pursue! Manitou, you are obviously an intelligent person so I am just saying that everyone can't be measured using the same standards! This may sound like a strange statement but trust me here, you have servicemembers on active duty right now who can not rationalize the reasonings you expressed earlier! I guess what I am saying to you is this, some adults are not accountable for their actions because they have a mental illness and their perception of right and wrong is distorted! I work in this type of environment so I know that if there is an altercation, I am subject to disciplinary actions and not them! Yes, they are in the military but that's doesn't make them any less mentally ill!

Great read Berta!

Berta, is it wise to file a claim without knowing the contents of your service records? I called the VA and was told to file a claim reopening my old claim from 1990 for my knees which they denied! I requested a copy of my record but was told that I had to submit another claim in order to review my records since they were closed. Why would the VA still maintain my record after 17 years? maybe it's a good thing but I would like to know what's in there so I know what I need to do to win my claims!

I think that this is happening much more than many of us realize! Alot of young people are entering the service who are bound for failure because when they have problems in their lives, they run into the recruiter's office and many buckle under the pressure to follow through with their visit and sign papers enlisting them into the military! Many kids do not realize that they are suffering from mental disorders and anxiety and will find out later that they are not capable of following through after the papers are signed. Many will disclose things not mentioned during the enlistment process with the sole intent of being discharged but many will be forced to honor their commitments. The military at this time takes full responsibility by not discharging them. If at a later time these kids find themselves seeking compensation for depression and anxiety, the military will likely diagnose them as having a personality disorder or worst yet, saying that they fraudulently enlisted thus ineligible for benefits. I just don't see how a person with a mental disorder can be held accountable for seeking compensation for injuries and pre-existing conditions when the military either fail to or refuse to impliment safeguards to ensure this problem is corrected. Now if a service member happens to make it through these safeguards then he/she should be entitled to all benefits because that means that they were obviously well enough by the service standards and completely qualified!

There are alot good people up here doing wonderful things to help fellow veterans! I know that I have strong opinions that are perhaps contrasting to the majority of people up here on some issues. First of all, I want to say that even those I disagree with up here are fine, decent veterans and supporters whom I would trust in 99% of the information they provide because it is genuine advise from the heart but I have a hard time with term "fraudlent" in any enlistment! Please, I am not directing this at anyone in particular because it is a term used but I myself was accused of this while on active duty! Yes, I was allowed to enter the military with a felony record! I was charged with receiving stolen property(a watch) but my probation officer worked out a deal with a navy recruiter who got a waiver for me to enter the service. This was common back in the 70's and 80's and I never had any problems until I came across an ensign who was a former enlisted sailor. He was eventually disciplined and forced to retire years later I found out. Anyway, he was buddies with the legal officer aboard my ship and he tried to have me discharged for "fraudlent" enlistment and caused me much grief before I asked to be sent TAD to the master-at-arms force to get away from him. I think he was responsible for over 200 people going to mast during a 9 month cruise and ruined many sailor's career. I have even served as division career counselor on the America during a time when the navy kicked out many servicemembers for being overweight some with 16-17 years of service and without a pension. I strongly believe that a person who completes their military service honorably should be entitled to all benefits and compensation even if it is pre-existing. Now, I also believe that if a condition is discovered while on active duty, it is the military's obligation to determine whether or not the veteran should be discharged at that time, if not, this means that the service determines the veteran to be fit for duty! I retired from the reserves in 2003 with 22 years including 12 active. I would hate to think that they would try deny my retirement pay at age 60. Finally, speaking of age 60, I can't for the life of me see why the government refuses to lower the age to 55 for those reservists fighting in Iraq. Sad thing is, I spoke with a group of young marines who just got home from Iraq(reservists) and they were under the impression that they would get retirement pay at the end of 20 years service in the reserves! I wonder who told them this lie because reservists have to wait until age 60 to receive retirement pay! Young people are so gullible!

Thanks Ricky for your reponse! So, what you are saying is, it would then become a new claim? If it is a new claim, can the VA still use the personality disorder argument to deny the new claim if you a doctor agrees that the depression is the result of the IBS and anxiety? My old claim for my knees was denied in 1990. I am waiting until I get more evidence before I file again. I hope that I didn't confuse you too much! lol I

I guess what I am asking here is, once the VA deny a claim using evidence from that condition, can they use that same evidence to deny someone if they claim the previous injury as being secondary to an approved service-connected condition? Please don't beat me up with this but a claim for depression can be denied based on the evidence when linked to a personality disorder but could very well be established in a condition such as IBS if proven to be service-connected. Does this fall under reopening a claim if you filed for the condition previously as a primary condition or is it a new claim altogether thus disallowing the previous claim for depression to be a basis for denial in the new claim.

I hope things work out for you Berta.

Yeah, I don't want to screw this up! I only know that my back and knees has serious problems and I am almost 50 years old! I am not rushing into this even though I had to quit my secondary job as a manager in a store because my back won't allow me any heavy lifting. Honestly, my back pain now is not too much different than before the accident! The day after the accident was slightly worst than normal and I know that nothing happen during the accident to cause a fracture. One of my co-workers wasn't wearing his seatbelt and when we were t-boned by another vehicle, he fell into me causing bruising on my shoulder and a slight discomfort to my back. It's possible that some disc problems occurred but my back pain has been chronic since I got out of the military in 1990. I have never had an MRI done prior to the accident however! The doctor treating me said that the accident aggravated these conditions but since it was work-related, he put me on light-duty and my supervisor and benefits coordinator thought that it would be best that I not take a chance with this injury and since they had no other position available for me, they put me out of work on total temp disability. It has been since May 21st and my physical therapist is talking a minimum of another 6 months of treatment! It's depressing really because I am only making about 40 percent of my previous salaries. But I can't go back to work because I would lose my WC and could not get back on if I were to get worse.

I honestly don't know really! I didn't know much about the process then but I know that I never had an exam done and it was a very quick denial. Is it possible for me to get the results of that decision 17 years later? I honestly don't remember anything about the letter! I know it sounds crazy but I figured that I must have been ok since the VA couldn't find anything wrong with me. I remember having an appointment scheduled something like 5 months later at the VA hospital and that's when the doctor noted that I had degenerative changes in my knees. I was scheduled for therapy but quit going because I had job that made it difficult. I have all my treatment records since 2005 which includes the VA x-rays and MRI reports. I agree with you as for as getting what you pay for! The doctor seeing me now says that the fracture is consistant with an old injury and was possibly occurred in the service. Also he said, the accident probably aggrevated the back and caused the disc problems and stenosis. The VA noted degenerative conditions in the back and gave me medication for back pain. I know that I never had any knee treatments in the service but I did complain about them and it was noted in my exit physical!

Berta, the doctor I am seeing Monday gave me some advise since he works with the VA "all the time". He suggested that I wait until the workman's comp ordeal is over before filing a VA claim for disability. I am pretty sure that he will give me a positive medical opinion once I get my service medical records. Wouldn't both the VA report and MRI report qualify as new evidence since I have never filed for back? I understand the need to establish a nexum but I must wait to see what's in my service records then review them with a doctor. Do you think that because I haven't sought treatment for my knees since the denial will hurt my chances there? I will have to get archived records from the VA to show the degenerative changes diagnosis back in 1990 because the records I have only go back several years. Thanks for your help!

While on active duty in the late 80's, I had 2 injuries, one a back injury with severe muscle spasms in which the doctor precribed 5 days of bed rest. This problem was flared up several times while on active duty. I haven't seen my SMR since the 80's so I really don't know what's in them! Also, I fractured my right ankle but it was treated as a sprain and for 8 months I walked and ran(including 2 PT runs) around with pain until it was discovered and properly treated with a leg cast for several weeks. I started having severe pain in my knees just before getting out of the service and noted it in my exist physical exam along with my back. Two months after getting out of the service, I filed a claim for my knees only because they were so weak that I had to hold onto railings just to keep from falling while walking down stairs. I went to the VA and the said that my knees had degenerative changes but I was denied my claim in 1990. I never challenged it and have yet to file since for compensation. I pretty much have lived with back and knee pain for the last 17 years and only over the past 3 years began seeking treatment for my back pain and hypertension. My knees improved slightly because I totally stopped all my physical activities that made it almost impossible for me to sleep most nights. I believe that my hypertension became noticable when I began getting headaches at work that would last for several days. I believe that there might be something in my SMR related to the this but I am not sure since it's been so long. I recently requested copies of my medical records but I getting conflicting stories as to their location. I sent a request to St. Louis and the sent me a letter stating that they were in the possession of the VA while the VA told me just the opposite, who knows where they are! Ok, here's the deal on my back: From VA treatment reports since 2005: LUMBISACRAL SPINE: The lumbar spine demonstrates normal curvature. The vertebral bodies, pedicles, transverse and spinous processes demonstrate no abnormality. There is moderated degenerative disease at the L5-S1 disc. Impression: Moderate degenerative changes noted at the L5-S1 disc. Primary Diagnostic code: Minor Abnormality Also: Diagnosis: Chronic back pain djd After being involved in a minor traffic accident with some co-workers, my back pain really became worse. After having an MRI done, this is what they found: IMPRESSION: 1. T10-11 mild left posterolateral to lateral disc bulging contributes to mild left foraminal narrowing. 2. L3-4 mild shallow diffuse disc bulging seen slightly greatest in the right posterolateral to lateral region in conjuction with mild right facet anthropathy contributes to mild bilateral foraminal narrowing, right greater than left. 3. L4-5 mild posterior vertebral ridging and a mild shallow diffuse disc protrusion contributes to mild bilateral recess stenosis and mild to moderate bilateral foraminal stenosis. 4. L5-S1 mild posterior vertebral ridging and a superimposed mild disc protrusion in conjunction with mild left facet arthropathy contributes to mild bilateral foraminal narrowing. 5. There is mild diminished stature of the L5 veterbral body, particularly posteriorly, and suggests a mild remote compression fracture deformity. No acute or traumatic osseous abnormalities are presently seen. I am currently on workman's compensation and have been since May 21st of this year. I am still going through therapy but this is not really helping much. My knees are bothering me alot lately and I am thinking about having them checked out. They actually lock up on me and pops alot. My physical therapist tells me that I should have an MRI done on them also because of the pain because it sounds like some muscle and hamstring problems. I have a doctor's appointment on monday to discuss future treatment plans. He suggested earlier, steroid shots to the back and surgery as a last option. I honestly believe that my problem is service connected because my back has been hurting for the past 17 years and that remote fracture could have been the culprit! I need to locate my SMR's before putting in another claim. Questions: Will this be reopening an old claim since I filed for my knees and was denied? Also, since I had both back and ankle injuries in the service, what would be the best approach in your opinion to pursue this claim for compensation?

If a person has another condition, such as a stomach disorder like IBS, couldn't depression be just as likely the result of this condition rather than related to the PD? Depression can be the result of many things such as being unemployable because of the chronic effects of the stomach along with the side-effects of the medication. Could this argument be used to refute a negative decision based on a PD?

For me, this is a scary issue! You have over 22,000 service members denied benefits for having pre-existing conditions thus denied benefits. Many are allowed to serve and die for this country but are denied benefits later because of a diagnosis of having a personality disorder that pre-existed the military service based on what they tell the military doctors or c&p examiners. Many will appeal and win their cases! But that would allow the government to use tactics such as legal prosecution to retaliate against them. Something like that could have a snowball effect especially with the recruiting woes we have now. Herewithin lies the problem,

Thank you carlie!

Do they link both of those conditions together like that? I think that the stomach condition is a pretty strong case so I am definitely going to challenge that! I appreciate your response and will let you know what happens!

I just wanted to get that out! I guess that I am over this subject now and will just go back to reading and learning and getting ready for my own claim! Thanks everyone and I didn't mean to offend anyone because even those I have disagreed with offers great insight and advise that could be useful to me in the future. Thanks ken