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Va Is Trying To Hoodwink Me

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lamontino

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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

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If the BVA gave you that time frame I would believe it-

if the VARO gave you that time limit- I wouldn't put too much faith in it.

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Yes, that is what the law judge told me in the hearing and I also received a letter to that affect as well. So now im just in the waiting game.

If the BVA gave you that time frame I would believe it-

if the VARO gave you that time limit- I wouldn't put too much faith in it.

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lamontino,

Welcome you to Hadit! I know you will be getting all kinds of advice. I wanted to tell you that Alex was one of the main people in helping me win a claim of 100% TDIU P&T for my husband a few years ago. Also, all the people here have a really good history of helping and really caring! So, listen to the advice. I just kind of hang around now to offer friendship and what little advice I know...It's been a while since I had to fight for a claim. But, this is the place I advise everyone to look for help!

Thanks for your service and good luck in getting the benefits that you deserve!

Gwen

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thank you. Yes, I do know that alot of people on here are indeed helpful. Just a good blessin all around. Alex must not being around alot. I tried pm him.

They finally got the dictation done.........wew...........

Someone told me though that the VARO and Rating specialist dont read your complete file they only read alittle of the file and makes denials base on previous denial letters.

lamontino,

Welcome you to Hadit! I know you will be getting all kinds of advice. I wanted to tell you that Alex was one of the main people in helping me win a claim of 100% TDIU P&T for my husband a few years ago. Also, all the people here have a really good history of helping and really caring! So, listen to the advice. I just kind of hang around now to offer friendship and what little advice I know...It's been a while since I had to fight for a claim. But, this is the place I advise everyone to look for help!

Thanks for your service and good luck in getting the benefits that you deserve!

Gwen

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The VA does an outstanding job in assessing claims = don't base or voice an opinion if you haven't research the situation.

Even though they are not fantastic in making timely decisions = a decision is made that in almost - in all cases -- fair and timely.

No other country in the world is like ours. I salute the VA and thank them for there support.

Bob

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I'm not saying the VA doesnt do their job. But what im saying is they dont do their job in reading whole reports, thats a provin fact in which they admitted that they only have 30 to 40 mins to review a claim folder that might have 200 pages.

But, I know that the BVA careful care in reviewing a claim folder. And I wished that I had sent my claim to them all alone. Berta, I got a letter today. Saying that my advance on the docket was approved. I dont know whether to be happy or sad. IS that a good thing that they advance my docket? Says that I showed sufficent or good cause to advance my docket.

If you all remember, my mother pasted away a few weeks ago. And we didnt have money to bury my mother. So I wrote a amended motion to advance the docket and it was granted.

The VA does an outstanding job in assessing claims = don't base or voice an opinion if you haven't research the situation.

Even though they are not fantastic in making timely decisions = a decision is made that in almost - in all cases -- fair and timely.

No other country in the world is like ours. I salute the VA and thank them for there support.

Bob

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