Click To Ask Your VA Claims Questions | Click To Read Current Posts
Read Disability Claims Articles View All Forums | Donate | Blogs | New Users | Search | Rules
jeffowens1957
-
Posts
1 -
Joined
-
Last visited
Weight Of Exit Physicals
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
I have been fighting back and forth with the VA over a lower lumbar strain I got in the Army. I was given pain meds, hot packs and a week of bed rest profile. I went to the c&p physical. In the first deny letter it stated that in 1975 I had a Lower Lumbar Strain, I was only injured one time, did not receive any other treatment, and there wasn't any notation of a back injury on the exit physical (was in med records) and that they were denying because I did not have a clinical diagnoses.
I appealed sending all the private med records that showed chronic back problems from the time I left the military till now, in the second deny letter they stated that in 1975 I had a Lower Lumbar Strain, I was only injured one time, did not receive any other treatment, and there wasn't any notation of a back injury on the exit physical (was in med records) and that they were denying because the c&p examiner felt less likely than not caused by service. (He never saw the private med records as I had sent them with the appeal. If I appeal, it goes to the Board.
Question 1. How much weight does the exit physical I had in 1976 carry?
Question 2. If the examiner never saw the private records, shouldn't they rescheadle an exam?
Question 3. What is my next step as far as a another appeal?
Thanks for any help. Jeff