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kent76
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Posts posted by kent76
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You can get your claim number by calling the infamous 800 number. The representative will verify
your ID by asking you a string of questions which you will answer easily. I believe the number is 800-827-1000. At least that was my experience; however, I had already established "new and material evidence" reopening when I received the number.
Good luck...
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?
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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 would write and send a letter to both places. Make sure you have your claims number in the letter. Do you have your claims number?
You would need to find out what documents were in the file at the time the rater made the decision to deny the claim. Those docs would be in the claims file.
The VA seems to respond better to letters than to phone calls.
Thanks for your information! How do I go about finding out my claims number? That would really help alot!
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I never saw the evidence used in making this decision!
I think I would start by getting a copy of your claims file.
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!
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I never saw the evidence used in making this decision!
I think I would start by getting a copy of your claims file.
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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?
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Kent,
I'm requesting as a moderator that you quit kicking this dead horse.
You posted below,
" 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! "
If you go and start researching VA forms and most medical forms you will find the question
is actually phrased as follows :
Have you ever sought or received treatment for XXXXX.
You continue to come here for help, which is great. But you have blatantly posted an
abundance of MH problems this person had MUCH PRIOR TO ENLISTMENT.
As you continue to beat this dead horse the best advice I can offer is for you to research some Court Cases and OPGCPRECOP's. The majority of hadit member's will continue to differ with you on this issue and to continue on with it is beginning to be disruptive to hadit's mission.
Let's move on.
carlie
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
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I guess we might just agree to disagree. In closing, I would like to emphasize that my remarks involve ethical issues; the fact that cases are, "...without any medical evidence to contradict.." is immaterial.
Anyway, I appreciate having the opportunity to comment on this issue.
Cheers!
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.
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Re: Kent76's comment: "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."
If an enlistee did not know of their pre-existing condition and passes all the MEPS tests, that is a case
where compensation should be paid in my opinion. If a person hides and/or lies about a pre-existing condition, that is an entirely different matter in my opinion. Adults are accountable for their actions--if they were not, we would have unprosecuted 18-year old murderers, AND by the way, I am not comparing murderers with military personnel.
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!
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Courtesty of Jim email ALLVETS Alamostation:
(PS_ again I truly thank all of you who took the time to write to the Disability Commission-I wrote a 17 page letter-the comission unlike the ROs actually read everything we sent and it helped them with their reports-here is what Jim sent me- you all know who Philpot is-wish he had stated his sourse better here))
Why DoD to Lose Power to Rate Disabilities
Tom Philpott | October 11, 2007
Why DoD Likely Will Lose Authority to Rate Disabilities
Congressional action to end the services' authority to assign disability ratings and put the Department of Veterans Affairs in charge can't come too soon for retired Army Lt. Col. Michael A. Parker.
Parker, 45, has complained for a couple of years to lawmakers and to the Veterans' Disability Benefits Commission about lax DoD oversight of the disability rating process and unfair disability decisions across the services.
He wasn't alone. Veteran service groups and plenty of individual veterans had beefs too. The Government Accountability Office released a critical report on military disability systems in 2006. Momentum for reform got a huge lift last February when the Washington Post exposed bureaucratic neglect of outpatients at Walter Reed Army Medical Center.
But Parker showed special doggedness. He attended most VDBC meetings, testified himself several times, and created slideshows of facts and data on the issues for commissioners and journalists. Informing his arguments were his own experiences with the Army's disability process and his volunteer work helping other members, even members of other services, through their own maze. With each one, Parker said, he found fresh evidence that laws and regulations are ignored in holding back benefits.
This month Parker felt satisfaction when the VDBC released its report. Among its 113 recommendations are three calling for immediate action to correct disability evaluations and one long-term fix all evaluations to VA. Defense officials or the services should:
-- Reassess past disability ratings set at less than 30 percent for service member separated as unfit to determine if the rating was fair, given disturbing inconsistencies found across services ratings and between ratings awarded by DoD and those routinely raised later by the VA.
-- Adopt a consistent and uniform policy for rating disabilities by requiring the services to adhere to the VA rating schedule.
-- Reconsider a policy that allows discharge of an individual without any disability compensation, as late as eight years into their active duty careers, if found unfit based on medical conditions that likely existed before they entered service. Parker said the services have shifted the burden of proof that a condition didn't exist prior to service onto some members.
The long-term recommendation is to give VA sole responsibility for rating disabilities. The services would continue to determine fitness for duty but would get out of the disability rating business.
Most of these recommendations were made earlier, either by the Independent Review Group established by DoD to improve treatment of wounded warriors in the wake of the Walter Reed stories or by the White House-appointed Dole-Shalala Commission which released its finding in July.
To Parker, the most compelling recommendation by the VDBC is to have the services reassess rating decisions for tens of thousands of members who were denied disability retirement and separated with less than a 30 percent rating, going back at least to the year 2000.
"They are basically saying that those decisions are not to be trusted and DoD needs to make sure they were complying with all the regulations and policies," said Parker.
Parker, who suffers from a disease called reactive arthritis, likely triggered by contaminated drinking water, went through a medical evaluation board and, not long before he retired with 21 years served, a physical evaluation board. He was found fit. He later learned that an Air Force member who required the same immune-suppressive drug was deemed unfit and separated because the drug made him unfit for the rigors of service. He investigated and found other disparities in the disability process.
Studies and research done for the VDBC reinforced Parker's belief that Defense officials for years should have been monitoring how disability ratings are set by the services but instead "were absent without leave," he said.
The VDBC uncovered a March 1985 legal opinion from the DoD general counsel that allowed the services, without notifying Congress, to begin to hold down disability ratings. The services were to stop setting disability ratings based on all ailments and injuries found during medical evaluations and to start basing them only conditions that make a member unfit for duty.
The intent, it appears, was to save on retirement and medical costs. If a service discharges a member as unfit with a rating of 20 percent or less, he or she gets only disability severance. A 30 percent or higher rating brings "retiree" status, a lifetime annuity and lifetime military healthcare.
From 2000 through 2006, the military discharged 83,000 members as unfit. Only 15,463 of them (19 percent) got a rating of 30 percent or higher. The Army allowed 30 percent or higher for only 13 percent of members separated as unfit. The Navy had the highest proportion, 36 percent. But Parker said that was skewed by another troubling service- unique practice.
"What you don't see there is that a lot of sailors don't even make it to that level because [physical evaluation] boards are finding them fit. They go back to their commands, are told there that, 'You can't deploy because of this medical condition. Therefore we're going to administratively separate you.' They get no benefits. That is wrong," said Parker.
All of these problems can be traced to DoD's unwillingness to rate disabilities correctly, Parker said. Besides focusing on "unfitting" conditions, the services are allowed to cherry picked lowest-rated conditions, use VA rating criteria selectively and developed their own criteria for determining that a service member's condition existed before he or she entered service.
Parker has seen it all. He faults DoD for letting it happen.
"It wasn't until the Walter Reed stories broke that DoD started trying to take the reins back, to get control" Parker said. A lot of commissions, committees, panels and auditors are saying: too little, too late.
To comment, e-mail milupdate@aol.com, write Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit: www.militaryupdate.com
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Great read Berta!
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stillhere is correct- make sure you go to any C & P exam they set up for you.
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!
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Here is one reason I feel a veteran is a veteran at enlistment for bennifits purposes.
I know a kid right now that is emotionally unstable but has enlisted in the marines. The marines KNOW he is unstable as he was hospitalized for attempted suicide while in the delayed entry program. He was admited to a mental health ward. The recruiter visited him while he was recieving care. They are going to put him in service.
Obviously this is a pre-existing condition. Obviously he is not fit for duty. He will fail, I promise.
Once he begins training he belongs to the DOD. Let's look at it like buying a car. The DOD needs cars (soldiers). In this case they have knowingly bought a faulty car (because new cars [soldiers] are hard to find). In my view, they bought it, they own it.
This kid has hid nothing. He has tried to opt out but they lie and tell him he must go.
When he returns in much worse shape, I will do everything I can to ensure he recieves benifits. They bought him, they can pay for repairs.
I started a thread on this kid some time ago. Some may remember it. I got some really good advice from a couple of board members. Unfurtunatley, to these friends of mine, I am a friend, but they see the recruiters as having authority. Who do you think they listen to? They listen to the recruiters that threaten jail. So the DOD bought a faulty car with their lies and will have to be accountable for it.
Time
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!
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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!
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Based upon what I think you are asking I will try to answer your question. If you now have depression, lets say, because of a service connected condition such as IBS etc.... that is medically documented as such then it is a new claim. In other words if you can get a doctor to provided that the depression is due to the service connected claim then you have a new claim. I hope this helps you!
By the way what did your original claim for depression look like - what exactly did you claim?
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
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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.
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They said they sent me a certified letter saying why-
I think I am much better off without them-
however they screwed up my claims enough so I am filing complaint with the General Counsel.
I hope things work out for you Berta.
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Kent
Don't intermigle your workers compensation case with your VA claim. Usually, if you get one you will lose the other. If the workers compensation people realize you have a service connected injury to the same body part they will start trying to push you off onto the VA. Just keep them in the dark until you get 100% compensation from the VA because you will probably have to make a choice between comp and VA benefits. The VA if they realize you have a work related injury will blame all your increase in disability on you job accident.
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.
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Hi, Kent, I have a coiple of questions to ask.
1: When the VA denied your knee claim, did they have the Service Medical records or were they unavailable.
if the denial was frivilous and it is well documented in the record,You may have another avenue to pursue.
2: What did the denial letter say about your knee.
3: Do you have all records including MRI films and Xrays.
If you have all of your information you should get an opinion like Dr Bash if you can afford it.
You need a Doc who can relate the compression fracture to the in service incident. I recommend dr Craig Bash.
Your claim is right down his ally. (He is a Neuroradiologist)
He is expensive but have you ever heard the term you get what you pay for.
results.
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!
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"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? "
Yes- the claim if it succeeds will get the EED of the date you file the claim to re-open-
the VA will need "new and material" evidence to re-open a previously denied claim.
The SMRs will be needed to prove the "nexus" or link to your service-
You will need to show chronic treatment records and also that the disability was established to a ratable degree prior to the NSC accident.
You will most surely need a strong Independent medical opinion to associate whatever part of the disability you have now is attributable to your service.
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!
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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?
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The main thing is that the vet has to establish that the personality disorder is not developmental. If the VA or Army can say the person suffers from a constitutional PD then unless he also suffers from a defined mental disorder due to service he is not going to get compensation. My father-in-law got brain damaged in the service and started doing criminal things but it was due to the brain damage and not a sociopathic personality disorder he brought with him into the Marine Core.
When the Army or VA start talking personality disorder they mean no compensation that is why I recoil from that diagnosis.
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?
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I whole heartedly agree with Pete.
The VA has the resources to catch a Liar.
I personally dont want to risk the outcome of such activity.
Jail.
Believe me, That is where one is headed if they are caught in a lie.
And by the way, I am sure there are VA people who monitor this board.
I guess they can learn somthing.
J
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,
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All MH disorders are lumped together as one and the predominant one is whats rated.
Only 1 rating is permitted for MH disability.
jmho,
carlie
Thank you carlie!
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Kent,
You posted, " The military discovered the MH problem while on active duty and after a brief hospitalization and a diagnosis of depression and a personality disorder, she was allowed to complete her enlistment. "
A Personality Disorder will only be service connected if it is the result of something like a documented head injury and the Personality Disorder has been superimposed.
I feel VA will say her depression is a result of her Personality Disorder.
I do not see this claim ever getting granted as service connected, but certainly do wish you
luck.
jmho,
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!
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Hope u feel better soon!
Let me explain one thing! I was not there for the enlistment of my roommate so I don't know what was said and done!
I made a statement saying that I didn't think that she should have been allowed into the military because I work with people with MH and I know how many of them fare under pressure and duress! Again, this was only my opinion!
Carlie posed a valid question and someone took that and ran with it with the accusation of fraud! I was defending my roommate by saying that recruiters are aggressive and that they bend the rules sometimes to allow recruits to enter.
Prior to entering the service she checked herself in and out of a MH clinic but came away with no clinical diagnosis because she couldn't afford treatment! I think that she joined the military out of desparation which is common for a lot of young people!
The question now becomes, did she lie or not to get into the service! She was not clinically diagnosed with depression.
Again, and I stress, I do not know what she answered on her enlistment papers! But aren't those questions subjective to clinical proof? Otherwise, wouldn't they be considered opinions since my roommate is not a medical expert?
The military discovered the MH problem while on active duty and after a brief hospitalization and a diagnosis of depression and a personality disorder, she was allowed to complete her enlistment.
Maybe the problem here is me because I believe that if the military allows someone to continue their service AFTER knowing that they have diagnosed conditions then the servicemember should be entitled just like everyone else!
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
Do I Have A Cue Case?
in VA Disability Claims Research
Posted
Berta, again, you are a wealth of information! Thank you and everyone for your support!