Update to my claim, all I can say is what a shit show! I was denied for cervical strain and radiculopathy in both arms. I was also denied workman’s compensation even after two additional re-evaluations. In my mind and my neurologists I had an open and closed case. It felt like they were using semantics to deny my claim and I couldn’t figure it out. I asked workman’s comp for my file and it didn’t take long to see what was going on. My employer (veterans health administration) was challenging the claim on the basis my service connected injury is what caused the accident. My Neurologist basically went down the list from Workman’s comp and answered all their reasons for denial. I felt pretty confident after I sent them his letter but they still shot me down on the basis of causation which is basically there out for any claim they want to deny. So back to VA comp, after my denial I asked for a higher level review, that was back in July of last year. I spoke with the reviewer in September and that same week the reviewer found a duty to assist error and sent it back to the regional office to be fixed. Last week I was notified by LHI they had received a request for a Dr’s opinion which is basically the equivalent to workman’s comps causation in my opinion. I filed a supplemental claim submitting the letters from the VHA to Workman’s comp and my Neurologists opinion letter. Not sure what else I can do at this point. I’m still missing about a week of work every month and stuck with a ton of medical bills that workman’s comp refused to pay. If I’d just gone to the VA it wouldn’t of cost me a dime but at the time I couldn’t fathom workman’s comp not covering the accident. If anyone has a suggestion I could use them.
WC VHA contesting letter.pdf
Dr Smith letter to WC.pdf