lumbosacral Va Is Trying To Hoodwink Me

[lamontino]

Hi there I probably have one of the most complex case(well VA made it complex)ever. At the rip age of 14 I went to an doctors appointment to try to figure out why my legs was hurting, the doctor said that I was having pain in my back or that where i was getting the pain from, I told him that my back didnt hurt at all(which is documented in that report) just my legs. Instead the doctor did x rays on my back(which the films are not available and the doctor is decease as of this date) revealing that I had bilateral spondylolysis at the L5 and minimal Grade I anterior spondylolisthesis L5 S1 no acute injury or other abnormalities are recognized. I was give Mortin 800 and sent on my way in life under the understanding that I could do anything or be anything I wanted to be in life. I later went to job corp and recieved a state high school diploma. I went in the military in May of 1986, fresh out of job corps and eager to get started with my new potential found career in the military(11 Bravo 10th Mountain Div. I did the entry exam, medical exam etc.... to past and get accepted in the military at that time I also disclosed to the examing doctor that I had previous had a leg problem assoiciated with my back which I took mortin 800(which is documented in that report). The medical exam ask if my back or legs was still bothering me? I told him no. And than did a physical exam of my back etc......He cleared me to go in the army.

Two weeks into basic training I fell off a wall that had a bottom pedastel on the bottom(like a wall with a patform at the bottom, I went to sick call there I was exam dianoise as having tender points at L2 and L5. I was given meds(800mg of mortin)and a rectal exam and release back to basic training. A couple of days later I twisted my back out of place by repeating standing up and down at a rapid speed(just before that my unit was low crawling with backpack on and marching). I than went to sick call again where I was seen no through xray was done again and sent back out to basic training. As we where bidwacking in the field I became sick with pain now in my legs, back,and stomach. I went to sick call where they but me in the hospital for a two days. I was release again this time I got only a culture of my stomach which revealed that I had esophastis and gastrisis and given a appointment to see the otho doctor at army martin hospital and sent back out to basic training again.

At the doctors office, at army martin hospial I seen a otho doctor whom dianoise me as having "chronic mechincal low back pain and giving me a permanent L3 Profile with no running or lifting". Diagnosis of Lumbosacral spine with bilateral spondylolysis L5.

I got a honorable discharge with a reenlistment code of RE-3. I tried to fight from being discharge without getting some type of disability through the IG office and met with a person whom never got back with me on the issues that I was trying to address.

I continue to have severe back pain and proceeded to my local VA office for further care. I did disclose to the doctor at local VA hospital of the condition in the military and prior to me being in the military. There I was given a c&p exam. I was given an exam of my back which the radiologic report now says "No evidence of spondylolysis or spondylolisthesis apophyseal and sacroiliac joints are unremarkable no fracture or dislocation(basically alot of the paperwork on that date of exam which was a month later after i was discharge wasnt done).

During my life at that time I didnt have a place to stationary live my life so I was basically homeless. I never heard back from the rating peoples about how, what, and if I was going to recieve anything from this injury. Until years later when I requested documents of my complete file.

Which claim they wanted me to come in for a RHEUM EXAM(once I found out that i was wondering why would they schedule me for a rheumary arthisis exam if they didnt find anything on the radiologic report revealing anything inreference to my back).

I tried for years to get benefits from the VA but was denied each time because they say that I had a diease prior to service and that through my life as of today I had two previous auto accident(which in those reports I never had injuried my back which is well documented)and the new doctor exam says that his etiology say that it is the natural course of the diease as to why I still in pain.

I did apply for SSI and SSA which I did get approved(which social securtiy only pays for one year prior to your filing of your claim meaning they dont go back to the orgin of the time you was injury or permenantly disabled)but in those reports The ALJ for got to put in about the onset of the injury I got in the military. BUt I know for certain it was discuss at my finally hearing on that tape record statement of the onset, in reference to my back.

Through the years my back condition worsen developing to fibermyloa as well as other delvelopments including depression. As of today I about to go to a travel broad hearing. Wondering if I could get some advice on what is what. Thanks for your help

[GwenW]

Sorry, I don't know the answers to your questions, but wanted to add my condolences on your Mother's passing. You and your family will be in my thoughts and prayers!

Gwen

[Josephine]

I, too am so sorry for your loss. Your best bet is to talk to the Social Worker in your City or town.

Does your mother own any property? If she does, this may be your answer. Speak with the funeral home director.

Always and so sorry,

Josephine

[Berta]

This is very sad news-

I am surprised at what you said was the state's position on deaths like this-

what state is this that demands cremation? and uses a dumpsite ?

Of course if an autopsy was done, that could be why.Cremation but not a dumpsite-

Also the circumstances of her death sound very unusual to say the least-

Here in NY I knew a family who lost a child and their income was very low. The county or the state-dont know who- provided a beautiful open casket funeral for the child.

I dont know if the family had to pay back the county or not- but at least very few people knew this and the funeral was in one of the nicest funeral homes around here.

I have some of my husband's cremains here and most of them are buried at the Bath VA.There is nothing wrong with cremation-

you should get the ashes yourself if you are last surviving relative.

But if you dont want this done, you have to act fast-probably by calling the Medical Examiner who has jurisdiction over her body.

I too feel that you should contact social services also.

[lamontino]

Thank you so much

Sorry, I don't know the answers to your questions, but wanted to add my condolences on your Mother's passing. You and your family will be in my thoughts and prayers!

Gwen

[Berta]

The BVA -when I called then to get my claim remanded- last year-

said they were about 18 months- to 2 years behind on decisions-

I checked today-

a few April 2007 BVA decisions, one was claim filed in January 2003, another late 2004, and another- from a July 2006 remand.

Had to say how long it will take-

there was no way I was going to have my claim sit there that long- my rights were violated and the BVA sent it right back in weeks to the RO-to do it right.

If you did NOT get a legal VCAA letter and election notice and the BVA finds that prejudicial error was detrimental to your claim-it will be remanded to the RO for a re-do.More time added to the backlog situation- due to VA predudicial error-

If you DID get a legal VCAA letter and sent VA everything they asked for and also sent them the election form-the BVA might well make the decision there and send it back to the RO for a proper rating.

[lamontino]

But I had exactly filed an appeal back in 2004 but I didnt know that "personal hearings" slow down the appeal process. So each time that I requested a personal hearing my file was sent from bva back to my local regional office. I didnt know that until this year! So now that my file is back at the Bva does that set me back like, at the beginning of the appeal process?

I know that they told me between 30 and 90 days. I hope its true.

The BVA -when I called then to get my claim remanded- last year-

said they were about 18 months- to 2 years behind on decisions-

I checked today-

a few April 2007 BVA decisions, one was claim filed in January 2003, another late 2004, and another- from a July 2006 remand.

Had to say how long it will take-

there was no way I was going to have my claim sit there that long- my rights were violated and the BVA sent it right back in weeks to the RO-to do it right.

If you did NOT get a legal VCAA letter and election notice and the BVA finds that prejudicial error was detrimental to your claim-it will be remanded to the RO for a re-do.More time added to the backlog situation- due to VA predudicial error-

If you DID get a legal VCAA letter and sent VA everything they asked for and also sent them the election form-the BVA might well make the decision there and send it back to the RO for a proper rating.