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

[lamontino]

Thank you Sir, yes I have done some what of a 20 year intensive research of my claim. But Im still dumb B) lol. Well, I tired. BUt the only thing now. THe IME report is finish. And the doctor wants money which I dont have at one time.

"But I'm going to start in the year of 2002 because anything prior to this revised by the congress,legisture, and government strictens anything prior basically is obselete. so:"

I am not sure what you mean by starting in 2002. If you are implying that you will apply the law in 2002 to the adjudication procedures in 1986 I would think the law in 2002 would need to contain provisions for retroactive application or some other law that allows retroactive application would need to be in effect.

Just my opinion. In any event you have plenty of resources available to you at this time. I have done the best I can in providing you with Cook v Principi.

I have seen Cook V principi cited in quite a few cases. You might want to research recent claims to see if the BVA still sites Cook.

There is no guarantee what the VA will site it in your claim. It is really hard to say what they will do. I really think that if you have a good history of post service treatment you will be service connected. It is just a question as to the effective date of the claim.

I commend you on the amount of work you are putting into understanding your battle with the VA. Keep up the good work. I am going to be traveling until after the 4th of July and will have only limited internet access. I will try to check in at least once a week.

[lamontino]

Goodmorning. Well, The verdict is in from the IME Doctor. The dianosis is ""Permanent aggravation of the patients pre existing condition and goes to say Mr. Lamontino was asymptomatic at the time of enlistment and also Mr.Lamontino also injury his L2, L3, and L4 that was not noted or examed at any of his visits in the military or at any other VA c&p examanation. It is my opinion that the injury during his service did exacerbate his pre-existing conditon as well as causing permanent condition"""""

So my question now folks do i send this to the BVA in washington or??? wait for the hearing???? In aug?

"But I'm going to start in the year of 2002 because anything prior to this revised by the congress,legisture, and government strictens anything prior basically is obselete. so:"

I am not sure what you mean by starting in 2002. If you are implying that you will apply the law in 2002 to the adjudication procedures in 1986 I would think the law in 2002 would need to contain provisions for retroactive application or some other law that allows retroactive application would need to be in effect.

Just my opinion. In any event you have plenty of resources available to you at this time. I have done the best I can in providing you with Cook v Principi.

I have seen Cook V principi cited in quite a few cases. You might want to research recent claims to see if the BVA still sites Cook.

There is no guarantee what the VA will site it in your claim. It is really hard to say what they will do. I really think that if you have a good history of post service treatment you will be service connected. It is just a question as to the effective date of the claim.

I commend you on the amount of work you are putting into understanding your battle with the VA. Keep up the good work. I am going to be traveling until after the 4th of July and will have only limited internet access. I will try to check in at least once a week.

[Berta]

I would send a copy of this to the BVA and even to the VARO too-

As long as there is a full medical rationale in this opinion it does sound very positive for your claim.

I assume there is proof of Pre-existing condition and also proof of inservice injury that aggravated the pre existing condition.

Even if a pre existing condition is noted on an entrance physical- any aggravation to it due to service can be service connected with medical evidence of same. 38 USCS 1110,111,1131,1153. ,38 CFR 3.306 2006

[lamontino]

Yes I fax a copy of that 30 page report to BVA but they said that I had to write a statment says "waiver regional office review" along with the paperwork. SO I dont know if I have that right to send to VARO?? But also, I like to let you folks know. This is the perfect case of one estblishing a cue claim from what happen to me. After intensively researching cases for years(see previous notes on what the law and regulations says on proving it)

Along with this 30 page letter is a graphic chart showing in detail of how one may go on his life with a "natural progression of a diease". IN this doctor thesis it clearly shows a major drop(worsting the condiction)as to say it got really really bad. Being that I was going to be assigned to 11 bravo 10th mountain div(air assault)this basic training with super stressing.

The IME doctor also stated that he review the entry examnation. It contained nothing to any phyicsal defect, or anything wrong. Which I have said since day one. I felt good. I even had to loose 23 pounds before I went in.

THe only thing I'm sad about now is when I called the BVA in washington. they said this hearing is just "my testimony" and than the judge looks at it and thans decides. That he dont even look at it until my hearing date. Than it could take 90 more days.

I know my cue claim is goign to go hand to hand with my claim for chronic low back pain. BUt also, since I been on here. I should have left my claim open for gastris and esophitisss(which was dianosis in the military) but being those was acute I didnt know. BUt from my studies. That even if I dont appeal those problems, The judge could enter seed in that and rule on it aways. But see, I felt like I had to get the back thing out the way first. Because that was the primary claim and everything else is secondary like , gasritsis and the esphousistis

I would send a copy of this to the BVA and even to the VARO too-

As long as there is a full medical rationale in this opinion it does sound very positive for your claim.

I assume there is proof of Pre-existing condition and also proof of inservice injury that aggravated the pre existing condition.

Even if a pre existing condition is noted on an entrance physical- any aggravation to it due to service can be service connected with medical evidence of same. 38 USCS 1110,111,1131,1153. ,38 CFR 3.306 2006

[lamontino]

got a question, if they found out that I had a new injury like L2, L3, and L4 (L5 was prexisting prior to service but was asymonaic when i went in the service)which those was the tender points and was document on the medical report, are they condsider new injurys?

I dont know why the military rating officer and RO when I was seprated didnt see those injuries in the report. In fact I got also a permanent Profile of no running or lifting. Im kinda of confused because. theres no dictation as to how far i cant run or how much I can lift.

I sent the BVA copies of my IMO. Just wondering if I should send anything else. Im going close to the hearing date and I just want to make sure all my grounds are covers.

I would send a copy of this to the BVA and even to the VARO too-

As long as there is a full medical rationale in this opinion it does sound very positive for your claim.

I assume there is proof of Pre-existing condition and also proof of inservice injury that aggravated the pre existing condition.

Even if a pre existing condition is noted on an entrance physical- any aggravation to it due to service can be service connected with medical evidence of same. 38 USCS 1110,111,1131,1153. ,38 CFR 3.306 2006

[Hoppy]

lamontino,

I suggested that you get the doctor to answer that question in a previous post. Only a doctor could answer for sure. However, When I was diagnosed with chronic lumbar sacral strain the pain patterns occured ober a period of several months and the pain moved around alot. Yet the single diagnosis used by the doctor was "chronic lumbar sacral strain". Additionally, the doctor tolds me to expect to have problems the rest of my life. This was an industrial injury not associated with military service. It was a doctor at Kaiser. His report was used to get me a permanent disability rating from worker comp.

I think your case sounds very similar to mine. The doctor made a good point when indicating that you did not have symptoms at the time of entry. This will make it harder for the VA to argue that the inservice problems were a flare up of a pre-existing condition. Instead the military injury was superimposed upon the pre service injury thus adding to the disability.

With all this in mind I still think for the issue of service connection chronicity will need to be shown with post service treatment. It is possible to have the pre service condition and the inservice aggrivation and still not have a condition sufficently chronic for the VA to rate it. Even though the military doctor used the word chronic you were in the military a very short period of time. Thus, the VA can argue that you had two periods of symptoms of short duration. One prior to service and one while in the military. The addition of the post service treatment records can establish a condition sufficiently chronic to be rated. Which you have said you have record of treatment post service. Because of the short period of time you were in the military I think it would be important to have the IMO indicate that he read all the reports including the post service reports. The VA will be interested in what reports he used. The VA does not accept the opinion of a doctor who bases his opinion soley on your subjective recollection of the history of the disease.

If you just told the doctor about post service treatments rather than had him review the reports the VA will figure it out and shot down the report. Then you will need to get the post service reports to the IMO and start over.