cannoncocker

Hi Sharon and thank you for replying. No, I have not been to this exam yet. That portion of the QTC sheet came prefilled so it had nothing to do with this upcoming exam. There was a nother portion requesting current meds and that was about it. Sorry you had to read both posts since the second was meant to only add 1 line regarding my selection of the DRO. Thank you very much.

I am far to inexperienced to advise you on the best method to contact the VA re your claim before the rating board and i don't intend to hijack your question but what do you base your opinion on the IRIS system? In my expererience IRIS has been pretty effective, but then I have zero idea what's going on behind the scences so that position may well be correct.

I receceived a decision for my C&P with 2 items deferred and one which was denied. The rest were completed satisfactorily. The 2 items that were deferred QTC examinations were scheduled 1 was scheduled with a Psychchiatrist, the other they said they needed to reconfer with the original Audiologist. The deferred claim item that the Psychiatrist was scheduled for a QTC Claimant History Questionaire was sent to me and at the top of one page a box titled Claimant History Questionaire had personal identification information but 1 item was Opinion:No So my question is: the opinion entry implies a decision was predetermined, or so it seems from a laymans point of view. So why the examination if a determination has been reached on a deferred claim item? I appreciate any info anybody has on these QTC sheets/matters. The denied claim I submitted a request for reconsideration and additional information and the other deferred item which required additional conference with the audiologist for loss of heating so i really don't see much I can do to aid that claim since I have already been examined.

I had neglected to mention the fact I attempted suicide right after this situation in the service but all that is left is a scar that is unfortunately obvious what it is. I just wrapped it up and let it heal on my own and since it was in the field during the winter it was easy to conceal, concealed for the reasons i mentioned above. To many it probably wouldn't mean much but I took my responsibility seriously especially nearly killing my friends and crew and knowing the ripple effect it would have had on the theirs famalies. And my chain of command did not write this situation up since they were partially at fault for assigning me to a position that I was not accutomed to. We just punched the round out of the tube and continued on but I never felt the same about myself and while i was at that unit there was no trust left. That was about the worst part of that becauuse I had to live with that everyday I saw them. It just never seemed to end.

Yes sir, those are some issues you guys bring to my attention. I, probably like most of you and 99% of the world keep our emotional baggage in our back pocket and only bring it out rarely. That is to say it is not like having the flu, take some asprin, rest, get back to work.... There are so many responses that deserve a page each but since we can't do that I put as much as I can out there. First, I have a degree in psychology, which for those in the know, without a Masters Degree, that and 3 dollars will get you a cup of coffee, but it does give me the language, procedures, DSM info.....So I have that to help me contend on their field. Most of this is going to be directed to Hoppy as his response was well beyond the norm! First I was in Field Artillery spending a large portion of my time in Special Weapons, which specifically was a section chief in tactical nuclear weapons which obviously required me to maintain a security clearance. So if you cared about keeping your position and staying in you basically kept any of your psychological problems to yourself. As a matter of fact regardless of your MOS or job I did not see lines in front of the psychiatrists office while I was in. As LarryJ pointed out you really push all the problems to the back until you find yourself in a position, like his and mine, because I got exactly that way when the VA psychologist got finished with me I was crying like a newborn. I had never been so embarrased in my life. I could hardly keep showing for appointments but I felt like if all that was inside I needed to give it a try to resolve it. I actually have been taking mood medications: steraline, diazepam, and paroxetine. Currently taking the paroxetine and had to stop taking diazepam because they made my body ache. Point is I started dealing with this in 2006. I don't drink/smoke/take drugs so I am not dealing with those issues. This initial diagnosis was after one or two sessions so it is not complete but plan on obtaining and submitting to the DAV and VARO after our next seesion My diagnosis in DSM IV form: AXIS1 300.1 Panic disorder/o Agoraphobia 311 Depressive Disorder NOD 300.02 Generalized Anxiety Disorder Axis II 799.9 Deferred Axis III Chronic pain, hypothyroidism, hyperlipidemia, hypertension Axis IV limited social support Axis V GAF:50 How the chronic anxiety was suppose to have been submitted as secondary to: 1.(primary) A situation that could have gotten my entire crew and anybody else within the kill zone of a 155mm artillery round. The situation was entirely my fault, event though I was not entirely trained for that job but nevertheless I took it and was responsible when I accepted that job. 2.(secondary) Chronic pain from pinched S1Nerve Root, protruding discs/extruding discs/segrgated disc material/old disc material leakage/current disc material leakage. This restricts my range of motion severely which is is entirely contrary to my nature. It is driving me crazy to not do the things I could do, not just economically, or the constant pain, but as the pain increased over the years it affected me psychologically. I cannot give any further info than that in a public forum on number 1 but Many of you are so right that I/you had no idea how things like that will affect the decisions you make the rest of your life. I personally tend to be obsessive and that has prevented me from taking jobs, for instance I took a job as a County Safety and Health Manager which required me to make those same life and death decisions so I had to walk away from that job. I have only 1 clinical nursing and one micribiology to finish the requirements for an RN Nursing degree but I can't take those life and death decisions. I guess it comes down to the fact this created a lack of trust in myself which has pretty much wrecked my career choices and didn't even recognize why till I started therapy. Being on the obssive compulsive side this has amplified the affects on my economic life and personal life. Come to find out this has affected pretty much my entire life and I really hadn't connected the dots until the last few years. Now that I know the orgin it is hard to say if that is good or bad. That is a heavy burden that there is no logical physical reason we are not dead, my crew and anybody else in the area. That round with a time fuse and round with point detonating fuse should have detonating. Why it didn't kill us all, there is no reasonable explanation. So that is pretty much me. Hearing is a whole separate issue and has nothing to do with my psychological state. QTC has has ordered the psychiatric exam and evidently need further information from the QTC Audiologist. Should I submitt an ammended 4138 to the VARO explaining this and or explain this to the QTC examiner? I do appreciate you guys taking the time to track my info down and give such excellent insights. Hopefully one day I can do the same but if I tried now I would only mess their claim up royally. Like they say, you need to know your limitations.

LarryJ I think that's about the best breakdown for me I've had in awhile. Completely understandable and logical. Don't give them all the pleasantries, tell them what the problem is. Gotcha. My concern now is the bias factor, more like hoping out loud for a square deal, that's all. Also Larry, I really had it in my mind that I was gonna walk right in there like I didn't have a problem in the world, you know same way you go to work and regardless of what's going on in your personal life you just play it off like all is right with the world. I'll be using that advise. Focus on the problem not prove you are a good actor.

This is a very specific question or can be answered in general either being of great help to me. I am scheduled for a QTC SC Chronic Anxiety in Asheville, NC and I don't really know a more appropriate place to post this question. As we all know everybody is biased on any given subject even before the facts are heard/sight unseen. So my question is if anyone of us has been to a psychiatric exam in Asheville with the QTC psychiatric examiner/contractor and if so are they fair arbiters for ptsd or any other SC psychological problems. I mean do they already have their minds made up? If that were the case is there anything I could do to counter that? I know it's almost ridiculus to ask this without the examiners name but I wouldn't want somebody putting my ID Info out here on the internet so I would not do that to them. Although i presume they only have one for that area so you would know automatically who it was. Thank you for any pointers and info Too, any pointers on how to approach an exam like that would be really helpful since the VA psychologist is the only exam like that I have been to.

Pete53/Berta/Sharon, I am sorry it took so long to get back but I rent/buy/repair houses in one state and live in another so I stay jumping from one place to another. So excuses aside here are my reponses and I'll start by thanking all of you for caring. These responses have been very beneficial in my current Request for Reconsideration (denial of Lumbar Spine Injury)while waiting for deferred items(2 Chronic Anxiety and High Frequency Hearing Loss). I will start a separate thread for the chronic anxiety but I only have a couple of specific questions regarding that. Pete53: I could not agree more that you need someone on the inside of the VARO, I just happen to be unlucky in that regard. I could blame them, they could blame me. All irrelevant. I will say this, I found a DAV rep located at out local VAMC that I could talk to face to face. That to me was the key. He actually called me re my case. I basically am running my own case but I do need his help on many things and all I have to do is get in the car and go to his office. When I was dealing with the DAV at the VARO I was their poster child for villain. They called me one time. that was to tell me to stop sending them paper and stop responding to the VA. Yes that was their command to me. Not advise, but order. All is great now that I have someone I can meet with when necessary. I hope others better luck and if you can find a person or person with liaison to the VARO that was most beneficial to me. I have also found you can get multiple ideas on any given question so you are ultimately responsible for your claim, hence I am here asking question. No such thing as to much knowledge. Hi Berta, yes this is a request for reconsideration. I asked my DAV Rep that precise question and that was the answer. I did Briefly state my Request for Reconsideration while with the DAV rep. but once I got home I read the decision specifically the lowe lumbar denial and narrowed down to the gist. I responded to point by point. Where they claim no pain, I attached the MRI evaluation and Neurology statement in writing stating pinched S1 Nerve Root/bulging/protruding/extruded/degenerative disease on and on. Items such as ER notes that I complained pain at waist level. They later at my battalion aid station changed it to lower back pack pain and changed meds from motrin to some other NSAID. I pointed out that no diagnostic work was done at all. No x-rays, blood work, nothing. Additionally I pointed out that I did not go to the ER for the first time in my life and tell them I had pain at the waist line. What is that? Who would complain of that? Front? Back? Side? Left/Right? Would it not be prudent to x-ray and lab work? I told the staff I could barley move, to which I was met with you got in here you can leave the same way. You know, a Sargent getting ready to ets, all they saw was cha ching, that I was looking for a c&p or who knows what but since it has been 30 years and I have just lived with it and not filed anything for it so a claim was not on my mind at all. Anyway I amended my response on a 4138 with attachements via certified mail to the local DAV and VARO and documented these actions in total with the exceptions of the attachements on their IRIS system to creat a documented paper trail with usps certified numbers. The original 4138 specified Request for Reconsideration. I did virtually as you said after the initial DAV 4138 Reconsideration I went line by line of the Decision Paper and responded to them with medical note attachments. A question I do have is there are statements which, for instance, claim no pain on Straight Leg Test. I actually get sharp shooting pain in the left leg when left leg is raised and pain in left leg when right leg is raised. So what can I do when I am comfronted with an untrue statement? Let my MRI , Neurology consult in writing L1S1 herniated disc/S1 pinched nerve/leg... pain do my talking? I am not sure which exam to which they are referring. The decision paper just makes this statement as a standalone without linking it to any particular exam. Could be QTC, which I don't have the exam results. But what do you do with a blatant untruth? "Is the exact service nexus (link) established for this-meaning if this was due to your MOS -did they clearly seem to comprehend what your MOS involved?" Absolutely I pointed out that I was in Field Artilerry for 6.5 years and attached the NIOSH lifting equation: [Field Artillery]203mm [in 8] How He , m106 Description 198.42 lbs 90 kg [Field Artillery]155mm HE & ERFB-BB Specifications 94.799 lbs http://www.emcins.com/lc/niosh.htm That for my body size and type that was way beyond acceptable standards. Which is what I believe set me up for lower back injury/degenerative disease/protrusions/extrusions etc. it was physical training incident that ust set the pain off, pinched the S1 Nerve. This sent me to the Ft. Polk ER and battalion aid station "Did they specifically refer to your SMRs at all?" None it reads like this: On VA examination you gave history of back pain since 1984. This condition is not due to injury or trauma." No Lab work. No Scans. No Mri's. No X-rays that support that statement. Since they did no definitive examination at the Ft. Polk ER other than look ate me, zero diagnostic testing how can I prove or disprove that statement? The only proof is my current condition/My ER noted,my battalion aid station notes/30 day annual leave to recoup when anybody else would have cashed them in. I was put on light duty by my btry commander. 6.5 years of lifting and carrying weight well beyond US national standards. All circumstantial at Ft Polk since they did not do a minimum of testing. If this were civilian they would be sued for malpractice. They had no idea what was wrong with me and could not care less. Hi Sharon thank you for helping me. I think the deffered items are covered because they cover 2 items: 1. chronic anxiety= QTC examination appoitment already issued. 2. High Frequency Hearing Loss= They stated additional information is needed from the QTC Audiologist. I have no idea what that is code for or if I should do anything about that? It should go without saying how much help you provide to us by doing all the hard work to gather the body of knowledge to contend with the C&P Claim process and providing it with us. Thank you all!

Navydoc, I am starting to feel I need 1 of them. In all probability if you go ask somebody else you will get a different response but in my meager opinion and experience. a. friday they are in tng. all day long and will not accept any communication if the us was going thermal nuclear they don't want to hear about it on Friday. b. Fax them documents. I have never had a faxed document acknowledged except they complain to high heaven that you send them too much paper. c. 1 in say 15 calls they will accept (only because I went over their check collecting selves). d. they will return say 1 in about the sane for the same reason. e. Once the heat is off, having gone over the head of the DAV RO Supervisor, they are back to business as usual, which to us means eat @#$%@ and die. f. Local DAV branch submitted my claim on the wrong form and went down hill from there, lesson to be learned there, although kind and at least willing to help, they do not have the knowledge to help to in a meaningful way. you would be much better here and ask your question then let your gut be your guide on the approach you choose, since you will get numerous opinions on how to proceed. I could go on but if you push back on the DAV you will be labeled a trouble maker, which doesn't matter since they have no intention to do anything but avoid you. Sad but a fact. I am not guessing on this, I lived it. Other RO's may be different. I hope so! What to do? You need somebody on the inside of your VARO or at least that has access. That may be your US Congrssman's VA constiuent services Rep. or possibly your US Senator, less likely, or maybe another Veterans Service Organization. you just need somebody to track your claim and basically be in their face saying your name. A good inside source of info from the inside is very important to me. I don't know how long you have been at your claim or what's up with it but in my non pro opinion I would not drop the DAV because you aren't going to get another Service Organization to take your claim once opened by another. You can read that they have all the GI's they need. I would just ignore the DAV if their office supervisor won't light a fire underneath them, which is doubtful. I would start looking for someone with access that you can talk to face to face. I have been to the RO for both VA and DAV and it would be more fun walking buck naked through a filed of blackberries. All of this is a fact. At least where I am. That DAV, if you are just waiting on them, good luck on that. john999, I printed what you had to say and will run it by my resident genius because I think you are right. My question is still: what is the difference as in form, information, etc, and a request for reconsideration? I can't seem to get an answer to that.

Forgot to add to the response regarding the one claim that was denied, the lumbar injury which happened when I was doing PT, in particular sittups, which enduced transfixing pain, pain I didn't know God had created. This was while on active duty with notes form ft.Polk ER (pain at waist line, which is a symptom not a diagnosis) and my unit medical clinic, which changed the diagnosis to low back pain, which is a symptom, not a diagnosis. Still no x-rays which as a measly sgt I had no say in the matter, same as now.

Pete53 you are my hero today! That gives us little guys hope and encouragement to continue to fight for what you believe is right. I probably I went political too early, but I didn't know what I knew then or the people I know now, but picture yourself, as many of us have been there, standing alone fighting a war, no idea what the rules were, not one person willing to spend more than 4 minutes off the top of their head, not knowing but a snipet of my claim, represent you. Don't get me wrong, I refuse to go crawl in a corner and just take a pounding and not fight back, sorry but I wasn't made that way. You need to open a home office writing VA letters since nothing speaks like guts and success, both of which you demonstrated. Being right doesn't hurt either. Hi Berta, during this entire 14montha I have received, and only one VCAA NOTICE RESPONSE dated like March 09. This Decision Leter in its entirety included Forms: 318/XXX/XXX 21-8764 21-686c 28-1900 28-8890 4107 I am beginining to see more importance our reps play in this but I still need to evaluate their partial decision before I start going nuclear. But I will if it comes to that point. ******************************************************************************** ********** "Did the DAV formally request a Reconsideration on your claim?" ******************************************************************************** ********** I know I am a dummy in this regard but the difference between an NOD and a letter of Reconsideration eludes me. This is what I did. I got the letter of partial decision and went to the DAV rep at the Asheville, NC VAMC, we didn't actually submit any new evidence but basically summed up in a concise way on form 21-4138 (knowing the diference between the two would really help)! ******************************************************************************** ******* Have they actually denied anything uyet or just deferred issues? ******************************************************************************** ******* Yes, one claim: "Lumbar spine injury with radiating through buttocks down leg." Sciatica Eveiidence subitted: Active duty ER notes from Ft. Polk, diagnosis pain at waist line (yes you can stop laughing now) I have never been to an er room either civilian or military before this. No x-rays, just prescribed motrin, I told them I could bearly move, they responded you got in here, you can leave the same way. As a sgt, what could I do but have my brother, who filled out the statement form, who had driven me to the er, afterwards I took 30 days annual leave to recoup which I was planning on cashing in like anybody else within a few months of ets, but had to use it for the recoup, then submitted notes from unit med clinic which changed diagnosis to low back pain and changed pain medication, the unit commander gave me light duty, putting me in charge of the post gym and ran tornaments. Then ets'd worked light duty for my brother while I finshed college, the spent years as a DASC, and then flipping houses, non of which put pressure on my lumbar continuing pain. I have two MRI's from Dec 2006 and Oct 2008 which clearly show S1 pinched nerve, extruded discs, protruded discs, degenerative disease, separated disc fluid. They should be sued for malpractice! No X-Ray, they just straight bum rushed me. who may I ask ever in the history of mankind ever went to the Emergency Room ever walked in and complained of pain at waist line! what is that. No X-rays. What is Motrin prescibed for? Yes my #$% back. They saw my ets was soon so they decided I was in there for the med. compensation. That was 30 years ago so I would say that was not the case. wouldn't you say? ******************************************************************************** ******* Nexus is everything. You need to provide evidence to establish a service nexus (a link) to all the conditions you claimed. ******************************************************************************** ******* Do you believe I should go to a neurologist(suggestion) to further back up what I am saying? ******************************************************************************** **** Did they make any other statement whatsoever on the anxiety claim other then not mention a C & P? ******************************************************************************** ***** No, just that it was deferred and a psychiatric exam was scheduled for August. ******************************************************************************** *** Should i submit the psychology notes that have accumulated since /i last submitted them? ******************************************************************************** ** Any further wisdom/experience you can provide as always is worth its weight in gold!

I also meant to explain whay i contacted the politicians: I was at the very end of my rope, the DAV would totally ignore me. Zero help there. I felt like I had no other options. I am not saying that would be everyones experience, but I don't mind telling the world that was my experience. If someone else had a different experience that is great, but has nothing to do with me. Actually the VA hasn't really treated me that bad. I don't agree with their asseeements in total but at least they were civil and would respond. I also meant to explain whay i contacted the politicians: I was at the very end of my rope, the DAV would totally ignore me. Zero help there. I felt like I had no other options. I am not saying that would be everyones experience, but I don't mind telling the world that was my experience. If someone else had a different experience that is great, but has nothing to do with me. Actually the VA hasn't really treated me that bad. I don't agree with their assessments in total but at least they were civil and would respond.

First I would like to thank john999 for your input. Very generous of you and would have thanked you before but had gotten off work and just went blank, but you are appreciated! Test, How can i put this, well, you are spot on , nail on the head if you want to irritate any of that system, go over their head in any way, and yup, that'll do it. The bain of my VA exeistence has been any and all SO's that were generous enough to give me 2 minutes of 1/10th of their attention. They were either dead wrong or so condescending Mr. Vick(Football) treated his worst dog with much more respect. I can put up with alot but they are beyond belief. Will they return a call, no! Will they respond to a fax, no....... Cutting to the chase I was in a position of standing there not knowing which way is up I did what is my tendency is threw crap against the wall and see what sticks. One Congressman Schuler's VA Constituent Assistant got me through this since they have a VA liaison who actually stayed with me on this and gave me a little good aadvise but mainly gave me a sense I was not alone and that matters to me! Piss off a VSO, or the rest of the band, brother I invented that maneuver, so we have some in common. now I have a partial decision and know a little more, know where to ask I tend to work and play well with others much better. 1. We have the same deal in the Lumbar region, if it will protrude, extrude, segregate , degenerate it did. But now they are saying they didn't my evidence, which I leave for times sake. Get this, I was do PT and doing my regular routine and while doing situps not long before it was reup time. I had pain that I did not know God had invented. I have never been in an emergency room before but this was transfixing. There was no option but to go to the emergency room. On pt complaining of section: pain at waist line. Now who the hell tells a dr they have pain at the waist line. That covers a little too much area to be credible. Bottom line they gave me the bums rush. Who prescribes motrin for pain at wasit line. That doesn't even begin to pass the laugh test. I took 30 days annual leave to recoup, which naturally I was plannind on cashing in. I changed to another med at my unit aid station and they changed the diagnosis from pain at waist level, ha ha, to low back pain and changed meds to some other souped up asprin. Afterwards my unit commander gave me light duty running a gymnasium and tournaments until I completed my duty after I figured my back wouldn't allow me to continue in the Army. 6.5 years of the best years of my life right down the drain. Not a lot of call for a connoncocker in the economic world right. I ETS'd then and did light work for my brother while I finished college. The rest of my life I worked as a DAC and flipped houses, none of which put much pressure on my lumbar, but age and time here comes the pain. Neurologist offered pain meds, PT, epidural injections, surgery. Currently using pain meds, completed PT, and on the TENS UNIT. As a SGT. how could I make them take an Xray of my back, or make them do anything. They offered me E-6 but because of the back I had to leave. If I could I would sue them for malpractice. Diagnosis: pain at waist line. That should get their license removed. then when It got so bad I just had to seek treatment the MRI told the story. ********************************************************************** How would you connect that to my service. I have the ER notes and the notes from my unit changing diagnosis, MRI's, and Neuorology consult that showed new and old inter disc leakage idicating this is not a new injury. ********************************************************************** I already went to the local DAV VSO and we filled out a 21-4138 basically outling the above presumably requesting a reconsideration. 2. Next issue is QTC scheduled a psychiatric appointment. I am not going into details here, but I spent most of my service in Special Weapons so you didn't discuss your problems and expect to keep your secret clearance and therefore your job. So the events at issue were not documented but the VA psychologist has accepted it: AXIS I: 300.1 Panic disorder W/O Agoraphobia 311 Depressive Disorder NOS 300.02 Generalized Anxiety Disorder AXIS II: 799.9 Deferred AXIS III Chronic pain, hypothoythroidism, hyperlipidemia, hypertension..... AXIS V: GAF:50 ************************************************************************ any suggestions on how I should approach linking these to my service and how to approach the actual psychiatric evaluation scheduled by QTC? ********************************************************************** 3. High frequency hearing loss ( already SC at 0% right side) QTC called me and said the hearing loss decision was deferred to clarify something (whatever that means, what aspect etc.) I am satisfied with the rest, but that is satisfied through uneducated eyes, but since nobody in my area is going out of their way to do anything bt cash their checks. Cynical but it is what it is. Test, I will follow your advise about leaving the politicians out the issues, but I do want to maintain my relationsjip with congressman Schuler's apparatus since it has proven the only truely useful help! Also, OMG three herniated disks L3, L4, L5 and S1 I feel your pain. I wish I could post my MRI's. They have me on 5mg of hydrocodone and act like I'm on a heroin drip. I mean with my physiology it doesn't even tickle. They had me on 5 mg of valium but I had to stop them because they made my body ache, Doctor I had left now it's a whole new ball game. She wouldn't care if your head fell off tylenol would take care of it. Since I do my therapy with a psychologist he has to go through Dr tylenol. Any and all comments would be of great help/will follow your advise and do as much as I can by myself because when push comes to shove, who will work harder for you than you, regardless of what they are getting paid for.

Thanks for the replies and fuel for thought. Pete53/Berta/broncovet you guys are remarkable. I can barely keep up with my job much less solving all the problems posted here. I will try to make this coherent as possible and answer the questions posed and if possible post what you might do from there since I didn't get into a lot of detail before. The deferred claims 1. Chronic anxiety 2. High frequency hearing loss ( already SC at 0%) I suppose my diagnosis is IAW DSMIV: AXIS I: 300.1 Panic disorder W/O Agoraphobia 311 Depressive Disorder NOS 300.02 Generalized Anxiety Disorder AXIS II: 799.9 Deferred AXIS III Chronic pain, hypothoythroidism, hyperlipidemia, hypertension..... AXIS V: GAF:50 Currently doing cognitive therapy with VA Psychologist on SC issue. QTC has notified me of an appointment with a Psychiatrist for the 4th of August. Regarding the Deferred Chronic Anxiety QTC Notified me that it "appeared" they needed to clarify some information from the Audiologist I completed; Speech, Language and Hearing Service Providers Audiologist 80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US The form stated it didn't have ecidence previously submitted, So I suppose i have n other choice but to resubmit. The primary claim I actually submitted was "Lumbar spine injury with radiating through buttocks down leg." which was the only claim denied to this point. I submitted, through the DAV, a 21-4138 in reference to the VA denial of "Lumbar spine injury with radiating through buttocks down leg" a 21-4138 outlining my disagreement and I suppose this is more a request for reconsideration than NOD (not really knowing the difference). I attached the Active duty ER notes(only time I ever went to the emergency room) and later follow up notes from my unit aid station changing medication and they changed the diagnosis from "pain at waste line" to low back pain. I was allowed to take annual leave to recuperate and afterwards was given light duty by my unit commander , basically in charge of the gymnasium and organized tournaments until I ETS'd. I received no VCAA letter and have one year to file any complaints. The forms I received were: 1. Typical blank form with no number with a refrence block. 2. Form 4107 November 2008 3. Multipage non numbered form explaning their decisions. In the letter delineating my claims in reference to my back injury states they have not received evidence submitted. So again I will post registered but that does no good because who do you show that to that cares? Not anyone in the VA. I'll stop here or this would be forty pages long, so basically how would ypo approach this, knowing all documents went through the DAV, whicjh meant nothing. Thanks again

Thanks you guys for the input and I am going to srart Monday, aside from what I have already started, this being and Iris post; Dated June 23, 2009 Claim submitted April 22, 20098 In the decision paper it stated: We have deferred a decision on the following issues because we need additional information or evidence: 1. Chronic Anxiety 2. High Frequency hearing loss (before this claim submitter it was SC at 0%) We have requested a medical examination. You will be notified of the time, and place to report. In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office. The only examination or documentation I have received was regarding number 2 which was QTC Examination Audiology 31 March 2009 KAY MARIE ARADO M.A.,CCC-A,FAAA Speech, Language and Hearing Service Providers Audiologist 80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US Tel: 828-684-8501 Which I completed. I have no other exams scheduled. ********************************************************************** Needless to say I haven't received those two appointmemt schedules so aside from the IRIS, I have a first come first serve DAV chat planned Monday, emailed and Faxed the decision paper my congressman VA constituent reps and Senator VA Rep, who have been very helpful really, the cpongressman Schuler Rep being the most Responsive. The DAV treated me like an absolute dog from day one, but that's another story. So to some up if I think I have been low balled=NOD, Keep the pressure on for the appointment that I should already have : 1. Chronic Anxiety 2. High Frequency hearing loss (before this claim submitter it was SC at 0%) We have requested a medical examination. You will be notified of the time, and place to report. In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office. or NOD from the start. Too quick on those two? Any input is wanted/needed/appreciated because in wikipedia they have my picture next to bonehead. Really many heads are better than one and there is experience I need here since I found local advise is hard to come by and shady at best. Any success I have had is from my own efforts and readings here. My thanks

Bless you guys for tossing in the fellowship. You know it helps to hear and hopefully more to come for the rest of us fighting the fight, unending it seemed and felt like I was the enemy and that felt unbelievable that our govevernment would turn on us, when you are asking for what is legally your rights, not asking for a favor or something wrong. Well, let's not bring this happy moment down. Keep moving in the direction you feel is right and not take no as the amswer, maitain your cool , study here, ask, and we will win!

2 Questions not knowing whereelse to post them and they are in a general nature 1. The decision document stated: Dated June 23, 2009 Claim submitted April 22, 2008 In the decision paper it stated: We have deferred a decision on the following issues because we need additional information or evidence: 1. Chronic Anxiety 2. High Frequency hearing loss We have requested a medical examination. You will be notified of the time, and place to report. In a box on the same page number 2, it states you should have already received a letter about our request. If not please contact our office. The only examination or documentation I have received was regarding number 2 which was QTC Examination Audiology 31 March 2009 KAY MARIE ARADO M.A.,CCC-A,FAAA Speech, Language and Hearing Service Providers Audiologist 80 DOCTORS DR HENDERSONVILLE, NC 28792-7290 US Tel: 828-684-8501 Which I completed. I have no other exams scheduled. Do I just wait for the VA to act or can I fulcrum the system to schedule the exams by their own document states I should already have? 2. Chronic anxiety. This is tied to question 1 since no exams have been scheduled. I experience panic attacks chronic anxiety but I was a special weapons chief so it was not the sort os thing you would discuss if you choose to keep your job. i have document the orgin with the VA psychologist but does anyone have any suggestions they would putsue in this situation other than what I have done, ie maintain my VA psychologist appointments? Last and only issue I have is I was denied Lumbar Spine injury with radiating pain. i was in the field artillery for 6.5 year in 155mm qnd 8 inch ronds with a smal frame 5'6" weight 130 lbs. I have an Emergency Room copy of my progress notes, but they naturally saw medical discharge written all over me since I was going to ets in about 2 months, but they did no x=-rays etc, described chief complaint as pain at waist level. Who could dodge an issue better than that? Who would walk in an emergency room for the first time in their life and tell the doctor I have pain at my waist line? That doesn't pass the laugh test. If you can move then do so towards the door. They precribed motrin and said hit the bricks. I went back later to my company medic for a change of medicine, which he gave me anothe nsaid type thing, after I took annual leave to recoup, which I had planned on cashing out. I have 2 current MRI's which show one screwed uo lumbar with a pinch S1 Root Nerve which i take hydrocodone for. Various buldges, protrusions, extrusion, and degenerative disease. Any suggestions to pursue a dissagrement with that decision? If I should break this up and post elswhere please tell me. Thank you for any help.

It is a win to me, naturally more to come, but I post here to thank my brothers and sisters for engaging in this endeavor and posting their knowledge. If I had been waiting for a service organization to jump in I would still be at the starting gate. I went from 30% to 60%(really 70%) but the pyramiding thing popped up but I still call this a win and only because I read here and posted a few questions. I would also say S. E. | Veterans' Services Representative | Asheville Office of Congressman Heath Shuler | North Carolina, 11th Congressional District was with me, holding my dumb hand all the way. I suppose you know who get's my vote. As I learn I'll pass it on, just so much to learn! God bless the givers.

First let me say pete, you have been real generous with the replies. Well done and much appreciated! Yes, I had 2 QTC exams, one on the 28th of March and one on the 6th of April. the part I didn't understand was what happens at "QTC examination on March 13, 2009" and who participates in that exam? Is this some milestone to the blessed day I can begin the Appeal/NOD process? Not pessimistic, just realistic.

This is what I just got from iris on a claim 13months old: Dear xxxxxxxxxxxx: Thank you for your inquiry to the Department of Veteran Affairs. A review shows we requested a QTC examination on March 13, 2009. At this time, we are awaiting the results of your examination. If a psychiatric examination is needed to make a decision on your claim, you will be notified on when and where to report for the examination. Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below. Sincerely yours, xxxxxxxxxxxxxxxxx Veteran Service Center Manager How to Contact VA On line: www.va.gov By phone: 1-800-827-1000 1-800-829-4833 (TDD hearing impaired) By letter: U.S. Department of Veteran Affairs 251 North Main Street Winston Salem, NC 27155 anybody read beteween the lines/speak VA as mother language? like where I sit in the chain of events etc....... I ask alot but I learn alot and will share once I've developed a database to work/share from.

Larry I can keep my sense of humor, if we couldn't this mess doesn't have a thing to do with reality, it is all semantics. can you remember something from 25 years ago, it just is part of your life and don't event think, just stufff the cotton.... any way I palyed the IRIS/Fax/Email deal last night. I put it in as part of the claim (21-4138/21-4142) that I suspect they will completely ignore. I just accept that Appeal or NOD, however it works, which you can bet I will become better educated here rather than depend on someone else to fight your fights. I know the next step will be the appeal, as this has steamroller written all over it. My experience is you fight your own fight in the VA war. The only chance we got is each other here sharing their experience. I really respect you guys for jumping in, even if it is to lighten it up. There ain't nothing here gonna take my life so no biggy, just a longer fight. But brotha I don't just take a smack and go away. I'll keep coming! Appreciate you guys. Next post is what I just got off IRIS so mabe somebody can decipher it for me and put it into real terms.

The part about shoting myself in the foot and fishing are pretty much what I figured but in all honesty it's usually a tangled web you weave.... and I plain didn't remember when exactly it started, only the logical part that if it had been preexisting they: a. wouldn't have accepted me into the service in that condition. b. The Doctor would have ideally fixed all of them at once. c. So I figure it deveeloped do to realignment from the surgery. But as a practical matter Sharon is spot on, submittimg the VA Form 21-4138 Statement in Support of Claim but to put this in context this man was in no way my friend or handing out free submission tickets as I preceived it. But since I am more than a year into this thing which I wish I had never begun, What's another 60 days plus. Which is what that would probably what that would add. not to mention the DAV will outright waterboard me for even thining the thought. You guys are so helpful, if only I had met you guys/this board earlier.

I had a First Sgt. XXXXXXXXX tell me and it stuck with me as one of the most useful bits of philosophical thoughts to live by and kinda fits here. It sounds easy but in practice very difficult. I wish I could claim copyright but here it is: "never tell anybody anything you don't want them to know". sounds easy but nope, it ain't. Anyway in a QTC Doctor of Osteopathy (D.O.) examination the Doctor asked me how long my Index toe and Middle toe curved in a lot to the right on both sides, to the little toe. During active service I had bilatteral Hammer toe/Bunionectomy surgery (Mitchell Procedure). Which is basically the same thing, just the great toe rather than Index toe and Middle toe. I told him I really didn't know (which is where the never tell somebody anything you don't want them to know kinda fits). I never claimed to be a genius, but what I do is just put cotton balls between the affedted toes when they blister or get numb by curling under the other. They probably curved after the original surgery because he would have repaired them at the same time, but he may not have bothered. So the question is, did I make a mistake by not telling him the full story about the trouble I have with them or just deal with it like I have since I really don't remember when and if I did how could I correct the mistake if it could be corrected. B) Thanks for sharing any experience with this sort of thing.

Sharon, you are psychic! I have cardiac arrythmia, Tacchycardia, andhypertension, see spots............blood work is clean, so the cardio aspecct woud be it. Pete53, The newbie, i.e. me, need exactly that kind of reinforcement to post because we are in a diaogue with masters. But I never learned to keep my mouth shut to well.