Vync

Sounds great, but this needs to be added to it. Check it out: I tried to make a doctor's appointment at the VA hospital on Veterans Day because I am off work. Because it is a Federal holiday, clinics are closed because of the holiday. Of all government offices, those serving Veterans should be open on Veterans Day.

I send my letters doing the same thing as you and they have not screwed up yet (crossing fingers)

Hey disasta, I hope you get to feeling better. Hang in there! Who did your surgery? The military, VA, or private surgeon?

I wonder if they realize we are the reason they have a job...

If you have your service treatment records, take the pages which pertain to your problem. It is good to have a history available. However, some docs may not have time to review it. Never hurts to be prepared. If you can get them to write you a nicely worded IMO, it can really help.

More medical treatment evidence is better than no medical treatment evidence...

Did through your treatment records and be sure to look for anything related to your arm, shoulder, or upper neck/back, or head. They are all related and it could be a good place to start. Good luck!

Berta has quite a point there. Granted I am still waiting for copies of my VA treatment records, those situations sound a lot like mine. If your claim is related to your back, like mine, you might want to perform research to determine if the onset of the symptoms takes a considerable amount of time and also review other BVA decisions related to yours to see how they were rated. Check these out: BVA case - SC granted. Despite the gap, it looks like he had a IMO. http://www.va.gov/vetapp09/files3/0921830.txt The Board recognizes the large gap in time between the Veteran's 1982 separation from active duty and his first being diagnosed with degenerative disc disease of the lumbar spine in 2008. Nonetheless, given the diagnosis found in the record and the fact that the most credible medical evidence of record related this disability to a documented in-service injury, the Board finds that with granting the Veteran the benefit of any doubt in this matter that service connection for degenerative disc disease of the lumbar spine is warranted. 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 56 (1990). This is a workers comp case in Minnesota where someone had DDD and tried to claim it was the result of their accident. Because this is not Federal, I doubt we could use it as a precedent. http://www.workerscomp.state.mn.us/2008/Zi...an-09-03-08.htm "Finally, the employer and insurer argue that A[t]he nature of the Employee's low back condition is something that takes years to develop, and would not have been caused by the February 2007 incident." WebMD - Info explaining how DDD starts http://www.webmd.com/back-pain/tc/degenera...-topic-overview "A sudden (acute) injury leading to a herniated disc (such as a fall) may also begin the degeneration process." Cedars Sinai medical center - DDD explained http://www.csmc.edu/5757.html Unlike other tissues of the body, there is very little blood supply to the disc. Once a disc is injured, it cannot repair itself, and a spiral of degeneration can set in with three stages that appear to occur over 20 to 30 years Causes and Risk Factors Several factors can cause discs to degenerate, including age. Specific factors include: * The drying out of the disc. When we are born, the disc is about 80% water. As we age, the disc dries out and doesn't absorb shocks as well * Daily activities and sports cause tears in the outer core of the disc. By the age of 60, most people have some degree of disc degeneration. Not everyone at that age has back pain, however. * Injuries, which can cause swelling, soreness and instability. This can result in low back pain.

What type of prolonged period are you talking about? I have also seen the opposite, indicating that prolonged period does not matter. I will see if I can dig up a BVA case. I am appealing my back, but have a prolonged period from 1995-2004 only because I do not currently have the medical records. I am in the process of requesting copies from the VA and other sources, but the other sources seem to have destroyed or lost them. Crossing my fingers about the VA treatment records. Checking mailbox anxiously every day. If they are denying you because of a prolonged period, an IMO might be your only chance.

I had something similar happen to me. They refused to refill my medication unless I showed up for a special 'annual appointment', despite the fact that I get shots there every month and just saw their specialty doc who prescribes my meds.

It sounds like a psychological ploy or a Jedi mind trick...

John, That's pretty awful. Did your ETS physical note any TMJ problems? When I was in the service, I never cared much about reading what was written in my treatment records until I saw this German doc who worked on base at Landstuhl hospital. The guy really did not seem to give a crap about anything. After that, I became curious and then came back to see someone else for a second opinion and actually get the care I needed.

John, My Army records never said I had TMJ. I'm SC for TMJ, but getting it was not a walk in the park. It took about five years to get it, but did not have an IMO either. I only had about three service medical record entries for it, which were related to when the Army removed my wisdom teeth and the severe pain and swelling afterwards. Apparently, they dislocated my jaw during the surgery. The VA sent me their initial rubber-stamp denial. I appealed. C&P said I was normal. Denied. Appealed. Went before the board in Montgomery. Asked for another C&P because I was on medication during the first C&P. Granted second C&P. For two weeks prior, I was off my pain/inflammation meds. Head felt like it was in a vice. Had second C&P. They also did an arthogram (x-ray where they inject contrast into the joint) and a CAT scan. My TMJ cartlage was completely dislodged. SC granted. I have limited range of motion and am actually thinking of filing for an increase because my range of motion has decreased quite a bit over the past few years. Btw... how did the Army dentist falsify your dental records?

No, I do not expect the doctors to work for free. I have decent insurance and am hoping it might cover some or all of an IMO, but need to call and talk with them about it. I visited a few docs who said they were either way to busy or were reluctant because they did not originally treat me. I found one doc who said they would do an IMO for around $1000, so I probably will go with them. Going to try to pull everything together first. If I have everything prepared (c-file, treatment records, reference cases, regulations to quote, exam worksheet, etc...) then they would see how serious I am about it. I hope to hand the doc a 'fill in the blank' set of paperwork, for the most part.

Bronchovet, Check out the claim that was awarded in my topic. You'll really find it interesting because there is practically no evidence of a problem at all, but the SC was granted based on benefit of the doubt.

I really appreciate the feedback. I am waiting to get my c-file and VA treatment records. The challenge is finding a good doc who is willing to write me an IMO. If I have to pay for it, I will, but would rather try to find one who is willing to do it.

What about benefit of the doubt in this link?

We ate at McCormick and Schmick's for lunch today. What they do not indicate is that only the entree was free and it had to be selected from a very limited selection of menu items. However, the grilled trout was very delicious.

This case is very interesting... http://www4.va.gov/vetapp09/files3/0917855.txt Quick overview 1992-2003 - Active duty 1999 - Treatment records show Vet was injured after a fall 2002 - VA exam, no muscle spasm or radiation, normal x-ray 2003 - Lower back pain SC denied 2005 - Low back strain caused by picking up heavy object previous day 2009 - VA exam, normal x-ray, diagnosed with history of low back pain without pathology. Based on this record, the Board finds the evidence to be in relative equipoise in showing that the Veteran developed chronic low back pain while on active duty that as likely as not is due recurrent low back strain. However, neither examiner's findings serve to rule out the existence of chronic recurrent low back pain due to a strain- type injury as noted shortly after service. By extending the benefit of the doubt to the Veteran, service connection is warranted. Let's review that again... - Injured during service. - Injured two years after ETS - Normal X-rays - No indication of an IMO or nexus letter - SC granted Basically, this Veteran complained about pain and was granted SC "without any clinical evidence to warrant and diagnosis of any acute or chronic disorder or residuals thereof." My x-rays and MRI's were not normal and I have a stack of back treatment records, but I got denied (see my topic). Berta mentioned that a good IMO might help grant SC via relative equipoise. If I appealed on the grounds of relative equipoise, without an IMO, what are the odds of me being as lucky as this guy? Am I misreading something in this ruling?

I appreciate it. I was hoping to gain a point of reference. Thanks!

Hey Ken, Which RO sent them? My RO told me there were about 700 people in front of me and it would take three months. I figure I would give them about 45 days, because I did not want to risk eating up my appeal/NOD window.

"I'm not a neurosurgeon, but I play one on tv..." The image would be neat to view, but the reading provided by the radiologist would be much more meaningful.

I'm in a similar situation with my back, but probably not as severe as you. I had a fall and a number of other residual injuries. I filed for SC, but was denied, probably due to lack of documented treatment between 1995 and 2004. I also did not have a nexus letter/IMO. Based on advice from Berta, Hoppy, and a bunch of others here, you need to have an IMO/nexus to be successful. I'm following their advice and am getting my stuff in order before I submit my appeal. Your bradycardia could be caused by a lot of things. Definitely get it checked out. Dig up your old medical records and take the pertinent information with you to the doc. He might not have the time to look at them, but it's worth a shot. Please be aware that lots of docs are hesitant to write up an IMO unless they treated you from the start.

Mine was like that too. Condition. Not SC. That simple. When I looked at my original SC letter from 2000, they went into painstaking detail about my SC items, but the non-SC items were nonexistent. I don't know which one would be better.

Berta, Thank you very much. I will check it out. My father was in Vietnam, so I am hoping to possibly help him out. I asked him about his health conditions since he left the service. I am curious if his time in Vietnam may be related. I also found this (probably posted somewhere else here): http://www.publichealth.va.gov/exposures/a...ge/diseases.asp