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

[Berta]

I am glad that they approved the advanced docket situation- still this could take time-

If you were able to provide the VA everything they asked for as evidence in your VCAA letter-

and you have strong probative medical evidence that supports your claim-and you have been able to overcome whatever the RO said in their denial- then the BVA could potentially make an award.

Worse case scenario- I saw a 2007 claim like this yesterday-

BVA granted advancement on docket but then in an apologetic statement- to the veteran- they had to Remand the claim anyhow due to VCAA violation-back to the RO.

Some claimants are overcoming the consistent illegal tactics of the ROs in not sending the claimants the proper VCAA letters-as

they have gotten medical evidence themselves and IMOs- without any clear direction from the ROs to do this- and the BVA often awards these claims without remands because the veteran or widow themselves has mitigated the RO VCAA errors.

Still anything decided at the BVA favorably always ends up back at the VARO for a rating and for an award letter to be prepared.

I think you asked about retro amounts the other day.

If a claimant successfully prosecutes their claim -even if the claim takes years and years- and they have maintained the claim in the appeals scenario with consistent responses for evidence or whatever- they can succeed in getting a very large award.

The VA paid as retro back to 1953 in one case I posted here-

2 vets I helped got retro to 10 and 12 years-what a long ordeal for them-

a widow here got a very very large amount on her long standing DIC claim-

and Nehmer for AO vets has also provided considerable retro if their AO disability was rated as NSC in past decisions-but not all AO disabilities-

and that also depends on many other factors.

It is nice to think about retro but the only thing that usually makes a claim succeed is medical evidence.

Remember too- until the BVA makes a final decision you can still send them any evidence at all that will help your claim.

Once there is a denial at the BVA and the claimants only recourse is the US CAVC-the days of sending evidence are over.

CAVC does not consider any evidence you try to add to the claim-

they base their decision on what the BVA had and what the BVA decided.They overturn very very few BVA decisions.

The claim could be re-opened at the RO level with any new evidence-at that point- of course but the vet at this point- has lost probably years of retro.

As the claim will get the re-opened date for EED.

It pays to be proactive in obtaining evidence at every point in the claims process.

And remands must be followed to the letter-

such as -if BVA says get a buddy statement- the vet must attempt to do that-

if BVA says the SMRs could not be obtained by the RO- the vet should try to get them from NARA themselves-

or from the SSA if they might have the SMRs.

The long waiting ordeal is miserable but does provide any VA claimant more than enough time to get what they need.

Edited August 17, 2007 by Berta

[lamontino]

Well, this might seem stranges to say but they hardly ask me for anything. I did though review the ssoc and I have provided complete work history, ssa award letters, IMOs, private medical records past and before service,statments from people that know me, and my own personal records of my life endeavorments. When I first got out of the military I did file a c&p claim for benefits. I never heard back after I finish my examation and I merely just went on the examintor word that i wasnt disable. Basic, as mention before, I was only 17 years of age and I didnt know. I explain that. Also, I explain that at 17 I was homeless and was forced to go to job corps which even if i got something else I had know way of knowing from my prior address. I did try serveral other times to get benefits but each time there forth, I did appeal.

But, my claim is basic on CUE and chronic low back pain, that all levels of authority since 1986 failure to address on its face the smr reports that clearly stated that I had new injuries, points of tenderness, and spasms futhermore at that time, I should have got a rating at least 0% for chronic mechincal low back pain(which i affirmed in the rating schedules of the military)than I should have been assistant in getting a TDIU because I was only 17 at the time and NO prior work history or education to go back into the civil world to get a job. And if these few things that I have mention above would have been done correctly at that time, the decison would have been totally different.

You just cant assigned a person an permanet profile L3 with no running and lifting (which in its self is substanital to say aggravated of even a prior condition)than put some right back in the civil world with nothing. It was hard to get a job and I never did because of that permeant profile no employer wanted to hire me. I only went to job corps because I was compel to do so. And believe me, I hated every minute of being there.

BVA judges of have ruled "wheres theres clear and unmistakable errors in the rating decision or where the person or persons whom is of a authority postion within their scope of law that didnt adjudicated a clearly connected condition will be indeed revisited and the date of claimant orginal that he or she has filed becomes the first day of any award that is granted".

So I will have to disagree with you partially, on the issue of filing periods or lapse. Merely, filing a new case is not sufficent to justified a onset of the date of the orginal claim filing. But filing a CUE which indeed are hard to prove, unless you got your paperwork together and errors in either statutaue or laws error left out or overlook by the rater, and if it successful it will go back to the original date of FIRST date claimant submitted it.

But CUES are not based on medical errors or what this or that person said its based on ratings and nonjudicated issues on its face., that had it been done probably at the time of rating or judication, it the case decision would have been different.

Basically, they never wanted to pay me anything from day one at any local level of authority "setting me on the side of the curb with the cloths on my back" while getting out of the service.

My studies into my own case have been preponderous., and if Im successful at my case I could further assist other whom need help with CUE claims.

Lastly, the letter I got from the BVA told me at first that my case would be decided in 90 days or less. It has been over 40 days since that letter. My motion to advance was just granted on aug 15, 2007 which I would say it could be looked at probably, as I type, maybe.

I do thank memebers and friends for their kind help in these matter of mines and I do appriecate them. Just saying some areas of this I am very knowledgable of but some areas im not.

I am glad that they approved the advanced docket situation- still this could take time-

If you were able to provide the VA everything they asked for as evidence in your VCAA letter-

and you have strong probative medical evidence that supports your claim-and you have been able to overcome whatever the RO said in their denial- then the BVA could potentially make an award.

Worse case scenario- I saw a 2007 claim like this yesterday-

BVA granted advancement on docket but then in an apologetic statement- to the veteran- they had to Remand the claim anyhow due to VCAA violation-back to the RO.

Some claimants are overcoming the consistent illegal tactics of the ROs in not sending the claimants the proper VCAA letters-as

they have gotten medical evidence themselves and IMOs- without any clear direction from the ROs to do this- and the BVA often awards these claims without remands because the veteran or widow themselves has mitigated the RO VCAA errors.

Still anything decided at the BVA favorably always ends up back at the VARO for a rating and for an award letter to be prepared.

I think you asked about retro amounts the other day.

If a claimant successfully prosecutes their claim -even if the claim takes years and years- and they have maintained the claim in the appeals scenario with consistent responses for evidence or whatever- they can succeed in getting a very large award.

The VA paid as retro back to 1953 in one case I posted here-

2 vets I helped got retro to 10 and 12 years-what a long ordeal for them-

a widow here got a very very large amount on her long standing DIC claim-

and Nehmer for AO vets has also provided considerable retro if their AO disability was rated as NSC in past decisions-but not all AO disabilities-

and that also depends on many other factors.

It is nice to think about retro but the only thing that usually makes a claim succeed is medical evidence.

Remember too- until the BVA makes a final decision you can still send them any evidence at all that will help your claim.

Once there is a denial at the BVA and the claimants only recourse is the US CAVC-the days of sending evidence are over.

CAVC does not consider any evidence you try to add to the claim-

they base their decision on what the BVA had and what the BVA decided.They overturn very very few BVA decisions.

The claim could be re-opened at the RO level with any new evidence-at that point- of course but the vet at this point- has lost probably years of retro.

As the claim will get the re-opened date for EED.

It pays to be proactive in obtaining evidence at every point in the claims process.

And remands must be followed to the letter-

such as -if BVA says get a buddy statement- the vet must attempt to do that-

if BVA says the SMRs could not be obtained by the RO- the vet should try to get them from NARA themselves-

or from the SSA if they might have the SMRs.

The long waiting ordeal is miserable but does provide any VA claimant more than enough time to get what they need.

[Josephine]

Lastly, the letter I got from the BVA told me at first that my case would be decided in 90 days or less. It has been over 40 days since that letter. My motion to advance was just granted on aug 15, 2007 which I would say it could be looked at probably, as I type, maybe.

My claims folder was sent to the BVA February 1, 2006. I was granted advancement on the docket March 6, 2006 and remanded to the AMC May 1, 2006.

By all means, just in the event that your case is remanded, place that advancement letter in a safe place. ( It is worth Gold to you)

You are to advance at the AMC also, but that doesn't mean that they will recognize this.

Development doesn't always flag your claims folder with the Orange Piece of Paper that says - Advance on the Docket.

This happened to me. I have been at the AMC since May 2006 and ready to rate since April 23, 2007. I was to advance, but no one placed that paper on my file.

I called the Deputy and ask them to be certain and they said absolutely yes, you are to advance at the AMC.

I faxed a copy of the letter to the AMC

The Deputy called the AMC to make sure that they did indeed flag my file with that Orange Paper.

She called me to tell me that Yes, they finally did and that someone dropped the ball earlier.

Mission was accomplished.

Just want to make sure that you place that Advancement Letter in a safe place. I was told by the BVA that most people thrash that letter.

Always,

Josephine

[lamontino]

Thank you Josephine for awaking me to this. But what does AMC mean? I am not familar with amc. Can you further explain to me how to either get to their website or contact information?

Yes, I have stored that document in a safe place in case any issue delveped. I just hope that all that paperwork I fax to the BVA was received. I did call to affirm it. And they read briefly of what I sent.

I do have a couple of question for anyone to answer about when and if the BVA grants my claim. Does BVA just say its granted than it goes back to my local office and they rate it? And if that is the process, do they at the local level know that my case was advance by the bva? Should I also send to my local office what I sent to BVA? If, bva says I was entitle to TDIU at that time and a rating, how would they figure at the local level that out? I mean it would seem that they(at the local level)will futher be bias in the rating decision even though the bva granted me benifits.

Lastly, I have read in the success forum stories that people get their backpay before they even recieve the award letter. But how is that such, when peoples have said that once the bva decides and grants a claim it sent back to the local level to be rated????

also, will the bva rate, if any, of my secondary conditions (which I did have a c&p examination of and private providers)like for my gasirtiris,esophousiris,and depression order? I do recall a docment at the Bva website that stated that even if a claimant doesnt appeal that sometimes the seceray will review the claim anyways. And if this is the case I been so busy trying to get the primary i forgot about my secondary actions even though I did list those conditions in my bva petition and statments to the bva.

Lastly, the letter I got from the BVA told me at first that my case would be decided in 90 days or less. It has been over 40 days since that letter. My motion to advance was just granted on aug 15, 2007 which I would say it could be looked at probably, as I type, maybe.

My claims folder was sent to the BVA February 1, 2006. I was granted advancement on the docket March 6, 2006 and remanded to the AMC May 1, 2006.

By all means, just in the event that your case is remanded, place that advancement letter in a safe place. ( It is worth Gold to you)

You are to advance at the AMC also, but that doesn't mean that they will recognize this.

Development doesn't always flag your claims folder with the Orange Piece of Paper that says - Advance on the Docket.

This happened to me. I have been at the AMC since May 2006 and ready to rate since April 23, 2007. I was to advance, but no one placed that paper on my file.

I called the Deputy and ask them to be certain and they said absolutely yes, you are to advance at the AMC.

I faxed a copy of the letter to the AMC

The Deputy called the AMC to make sure that they did indeed flag my file with that Orange Paper.

She called me to tell me that Yes, they finally did and that someone dropped the ball earlier.

Mission was accomplished.

Just want to make sure that you place that Advancement Letter in a safe place. I was told by the BVA that most people thrash that letter.

Always,

Josephine

Edited August 19, 2007 by lamontino

[Josephine]

lamontino,

I have been in the process of my claim now for 5 years and cannot answer many of your questions, but others will chime in to answer them for you.

You will receive a letter shortly from the BVA and they will tell you, if they have all the information that they need to award your claim themselves, or deny to remand for more information.

If there is anything that the BVA feels that your claim is lacking , then they will remand you to the Appeals Management Center.

If this happens, you will receive a letter from The Appeals Management Center, telling you exactly what they need to complete your claim.

If you wish The AMC to make a decision on your claim, as in my claim, I placed a waiver against the Regional Office making any decisions.

This waiver must be in writing and it must be faxed to the Appeals Management Center.

Don't worry about this at this time, as you may receive the full grant that you seek from the BVA.

If you should need to deal with the Appeals Management Center, it always a good ideal to have your representative fax information for you. As they seem to do more for them than they have for me.

I will paste you the link to the Board of Veterans Appeals and you can click on the illness and the year of claims that they have decided and ones for this year.

It will give you a better understanding of the process.

Do make sure that your representative does have a copy of your Advancement on the Docket, as I am sure that the BVA did sent him a copy. He just needs to know to fax a copy to the AMC, if you should go there, as mine did not know to do that.

I am not sure if my R.O has a copy of mine, but I am guessing that they do.

I don't know, for they don't think too kindly of me at this point.

When You read different claims, it will give you an ideal of remands, grants and etc.

Here is the BVA

http://www.index.va.gov/search/va/bva.html

Hope that I could help you some.

Josephine

Edited August 20, 2007 by Josephine

[lamontino]

O, ok. So my file doesnt immediately go back to my local office. it stays in washington,DC. Thats good because I was figure that it would take a very longtime additionally, if it went there.

There so slow in doing anything. I will though send a copy of the advance to my SO. But he is doesnt really help me. I pracially been doing everything myself. Im going to call him today

lamontino,

I have been in the process of my claim now for 5 years and cannot answer many of your questions, but others will chime in to answer them for you.

You will receive a letter shortly from the BVA and they will tell you, if they have all the information that they need to award your claim themselves, or deny to remand for more information.

If there is anything that the BVA feels that your claim is lacking , then they will remand you to the Appeals Management Center.

If this happens, you will receive a letter from The Appeals Management Center, telling you exactly what they need to complete your claim.

If you wish The AMC to make a decision on your claim, as in my claim, I placed a waiver against the Regional Office making any decisions.

This waiver must be in writing and it must be faxed to the Appeals Management Center.

Don't worry about this at this time, as you may receive the full grant that you seek from the BVA.

If you should need to deal with the Appeals Management Center, it always a good ideal to have your representative fax information for you. As they seem to do more for them than they have for me.

I will paste you the link to the Board of Veterans Appeals and you can click on the illness and the year of claims that they have decided and ones for this year.

It will give you a better understanding of the process.

Do make sure that your representative does have a copy of your Advancement on the Docket, as I am sure that the BVA did sent him a copy. He just needs to know to fax a copy to the AMC, if you should go there, as mine did not know to do that.

I am not sure if my R.O has a copy of mine, but I am guessing that they do.

I don't know, for they don't think too kindly of me at this point.

When You read different claims, it will give you an ideal of remands, grants and etc.

Here is the BVA

http://www.index.va.gov/search/va/bva.html

Hope that I could help you some.

Josephine