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

[Josephine]

You are just like me, Your representative get the money and you do all the leg work.

I use mine to have a name stuck on my file.

By now, I think that I know more than he does.

My rep didn't know that advancing on the docket at the BVA entitled you to also advance at the AMC.

The deputy Commissioner told me this tidbit.

What a wonderful world !

Josephine

[lamontino]

Should I send to my SO? Just wanted to know. The advance on the docket. I was also thinking of sending what i sent the bva to the RO. Whats your opinion. Are you rated at a 100% now

You are just like me, Your representative get the money and you do all the leg work.

I use mine to have a name stuck on my file.

By now, I think that I know more than he does.

My rep didn't know that advancing on the docket at the BVA entitled you to also advance at the AMC.

The deputy Commissioner told me this tidbit.

What a wonderful world !

Josephine

[Josephine]

Should I send to my SO? Just wanted to know. The advance on the docket. I was also thinking of sending what i sent the bva to the RO. Whats your opinion. Are you rated at a 100% now

You can call your SO, but he should have received a copy when you received yours . I am not sure if they sent one to the R. O or not.

I have found out, that it does not hurt to send them another copy.

My problem came in, when development at the AMC did not place the ( Orange sheet of paper) on my claims file at The AMC - it has just set in ready to rate for 6 months.

My S. O did not know that when you advance at the BVA, You also advance at the AMC.

Let's hope that you will not be remanded and that the BVA will have all the information to decide your claim.

So many times, this has happen to me. The R. O looses important papers from your claims file and thus creates the remand.

Hang loose, as you will hear shortly from the BVA.

If you are remanded, then you will need to assure that the AMC puts that advancement on your claims folder and keeps it there.

My problem things kept disappearing from my claims folder at the AMC. I finally caught up with the mess and sent more and more faxes to replace, what someone placed in trash can 13.

Maybe an accident, don't know.

No, I have not received any benefits.

Mine is a long one. I filed first in 1978 and immediate denial. Filed again in 2002 - immediate denial.

In 2004, I got wise and wrote to the Archives and located my " Psychiatric Records from 1964". No one had ever ask for them, although, I told them to get them. They failed to do so, which in turn has brought " New and Material Evidence to my claim.

I wrote to Jim Strickland from the Post that Wings placed on yesterday and you will see that I had two C&P's within 5 months of each other.

The first one should have given me benefits, but no one wanted that answer so they went on a " Fishing Trip to get what they wanted.

The First C&P was with a Psychologist " More likely than Not" Anxiety not otherwise specified with Depression.

Second C&P

Board of two Psychiatrist

Axis 1 - Anxiety not otherwise specified

Axis 11 - Personality Disorder not otherwise specified with bordeline, depend, historina traits.

Gaf - 40

R. O decision. We place our weight with the Psychiatrist findings as they were a Psychiatrist. You may be treated for an illness in service, but it does not mean that you are entitled to benefits.

Next BVA

Now AMC

hope this helps you,

Josephine

[lamontino]

thats good advise josephine. I'm just hoping I hit all the right corners. I just want whats righfully mines not a penny more. I been through so so much its time for a blessing. I wish you the same with your claim. If you need any help with CUE I kinda of good in that area, at least I hope LOL

I just did alot of investigation and reserch on establishing a CUE Claim.

My SO got to be one of the not-caring-if-you-get-a-dime person. BUt I know that the same judge that I seen in the video conference is the same judge whom sign no notice to advance. That judge was remarkably nice. But I could tell that he never even look at my file by the way he was gesturing and his body movements. BUt he understood where I was going with this claim.

Should I send to my SO? Just wanted to know. The advance on the docket. I was also thinking of sending what i sent the bva to the RO. Whats your opinion. Are you rated at a 100% now

You can call your SO, but he should have received a copy when you received yours . I am not sure if they sent one to the R. O or not.

I have found out, that it does not hurt to send them another copy.

My problem came in, when development at the AMC did not place the ( Orange sheet of paper) on my claims file at The AMC - it has just set in ready to rate for 6 months.

My S. O did not know that when you advance at the BVA, You also advance at the AMC.

Let's hope that you will not be remanded and that the BVA will have all the information to decide your claim.

So many times, this has happen to me. The R. O looses important papers from your claims file and thus creates the remand.

Hang loose, as you will hear shortly from the BVA.

If you are remanded, then you will need to assure that the AMC puts that advancement on your claims folder and keeps it there.

My problem things kept disappearing from my claims folder at the AMC. I finally caught up with the mess and sent more and more faxes to replace, what someone placed in trash can 13.

Maybe an accident, don't know.

No, I have not received any benefits.

Mine is a long one. I filed first in 1978 and immediate denial. Filed again in 2002 - immediate denial.

In 2004, I got wise and wrote to the Archives and located my " Psychiatric Records from 1964". No one had ever ask for them, although, I told them to get them. They failed to do so, which in turn has brought " New and Material Evidence to my claim.

I wrote to Jim Strickland from the Post that Wings placed on yesterday and you will see that I had two C&P's within 5 months of each other.

The first one should have given me benefits, but no one wanted that answer so they went on a " Fishing Trip to get what they wanted.

The First C&P was with a Psychologist " More likely than Not" Anxiety not otherwise specified with Depression.

Second C&P

Board of two Psychiatrist

Axis 1 - Anxiety not otherwise specified

Axis 11 - Personality Disorder not otherwise specified with bordeline, depend, historina traits.

Gaf - 40

R. O decision. We place our weight with the Psychiatrist findings as they were a Psychiatrist. You may be treated for an illness in service, but it does not mean that you are entitled to benefits.

Next BVA

Now AMC

hope this helps you,

Josephine

[Josephine]

lamontino,

I am sure that you receive an answer very shortly from the BVA. I wish you the best and do keep us informed.

I will post something, just as soon as I hear anything.

Always,

Josephine

[lamontino]

Call Bva status line they said it could be from 2months to 6months. Wew. THat is nice of them. I thought a advance, advances things to the beginning. Goodmorning everyone

lamontino,

I am sure that you receive an answer very shortly from the BVA. I wish you the best and do keep us informed.

I will post something, just as soon as I hear anything.

Always,

Josephine