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]

Yes, The IMO doctor have all my records from 1979 until the present day and he document every visit, every doctor, and every injury. And his conclusion was "" yes service member had a pre-exist injury prior to service concerning his L-5 but the L2, L3, and L4 are new injury which where incurred in the military which is document in his inservice medical report(doctor states the specfic document)and furthermore, the three injury while doing basic training which are also documented, and the by assigning vet with a permanent profile of L3 no running or lifting, in it self indicates permanency., Prior to service his L-5 injury was acute and no abnormabilites was note(he refers to specific document) which means even though vet had sponylolsis of the L5 it was asymptomatic upon induction into the military and infact pasted the rigour phyiscial examination done in 1986(refers to specific document)lumbar spondylosis was permanently aggaravated by the in service injuries in 1986 are opinion furthermore, is during his service did exacervbate his pre-existing condition""

See it was a 25 page report of my injuries. The only thing now is my concern is that I suffer from fibromaylia and cervical pains, I have a 5mm of spondylolisthesis L5-S1, minimal degenerative change L4, very small osteophyte seen anteriorly L4. I had start getting SSI and SSA in 2003. I guess my concern would be that I did have two auto accident but those injuries was very small which they doctor at those time said that the back and neck condition was pre-exist prior to the auto accident old injury(the IMO did review those report to)

IM just trying to figure out how they will rate permanecy which include new injurys to the L2, L3, L4 and a permanent aggravation of the L5 and than secondary to all this I had got an acute dianosis of gastris and esophousitz in the militray which I was denied because they said it was acute but I still suffer from that now and take meds for it.

There so many thing wrong with me now concerning my body as a whole. I dont know what to address. I was very specific as to what hurts on me. BUt there was alot of things that wasnt address. I wonder will they rate as a whole?

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.

[lamontino]

An another amen

AMEN

[lamontino]

Is there anyone that is going to help me with my questions?????

Yes, The IMO doctor have all my records from 1979 until the present day and he document every visit, every doctor, and every injury. And his conclusion was "" yes service member had a pre-exist injury prior to service concerning his L-5 but the L2, L3, and L4 are new injury which where incurred in the military which is document in his inservice medical report(doctor states the specfic document)and furthermore, the three injury while doing basic training which are also documented, and the by assigning vet with a permanent profile of L3 no running or lifting, in it self indicates permanency., Prior to service his L-5 injury was acute and no abnormabilites was note(he refers to specific document) which means even though vet had sponylolsis of the L5 it was asymptomatic upon induction into the military and infact pasted the rigour phyiscial examination done in 1986(refers to specific document)lumbar spondylosis was permanently aggaravated by the in service injuries in 1986 are opinion furthermore, is during his service did exacervbate his pre-existing condition""

See it was a 25 page report of my injuries. The only thing now is my concern is that I suffer from fibromaylia and cervical pains, I have a 5mm of spondylolisthesis L5-S1, minimal degenerative change L4, very small osteophyte seen anteriorly L4. I had start getting SSI and SSA in 2003. I guess my concern would be that I did have two auto accident but those injuries was very small which they doctor at those time said that the back and neck condition was pre-exist prior to the auto accident old injury(the IMO did review those report to)

IM just trying to figure out how they will rate permanecy which include new injurys to the L2, L3, L4 and a permanent aggravation of the L5 and than secondary to all this I had got an acute dianosis of gastris and esophousitz in the militray which I was denied because they said it was acute but I still suffer from that now and take meds for it.

There so many thing wrong with me now concerning my body as a whole. I dont know what to address. I was very specific as to what hurts on me. BUt there was alot of things that wasnt address. I wonder will they rate as a whole?

[Berta]

"I guess my concern would be that I did have two auto accident but those injuries was very small which they doctor at those time said that the back and neck condition was pre-exist prior to the auto accident old injury(the IMO did review those report to)"

Did the IMO doctor fully rule out these accidents (unless they were inservice too) as the etiology of the disability you claimed?

IM just trying to figure out how they will rate permanecy which include new injurys to the L2, L3, L4 and a permanent aggravation of the L5 and than secondary to all this I had got an acute dianosis of gastris and esophousitz in the militray which I was denied because they said it was acute but I still suffer from that now and take meds for it.

If all of these issues were raised in your claim- with evidence- they will decide them all- it is difficult to determine what they will consider as "permanency"-the L2,3,4, sounds permanent to me.

Your IMO sounds very strong and seems favorable to your claim.

If the SSA award is due direct to post service accidents that is something the IMO doc had to overcome with his opinion- I assume he had the SSA records too-

Still- it appears to me that the IMO is quite solid.

with full medical rationale-

this is the type of writing that Dr. BAsh uses- dont know who did your IMO- but he makes strongly worded points and then supports them with a full medical rationale referring to all clinincal and inservice med records.

[Hoppy]

lamontino,

I really have little knowledge of the way specific claims are rated. My cases were hard fought battles for initial service connection. I have a good working knowledge of what it takes to win initial service connection.

I did have two claims that were for injuries which occurred both in service and post service. These types of claims do have complexities. It is hard to say how to battle them until you see a denial. It really depends on the medical evidence reviewed by the adjudicator. Cases where a veteran has settled law suits for injuries that occured post service often affect the VA's decison. If you had no court awards for the post service injuries and there are no hard reports such as x-rays and MRI's of a post service injury then I think your chances of overcoming issues of post service intercurrent injuries are good.

[Hoppy]

lamontino,

Just to clarify, when I saw law suits I mean a situstion where you were given a permanent disability award that went to court. Out of court settlements are less of a problem because there are no official decisions the VA can use against you.

The VA cited a court decision when denying one of my claims. They really blew it because the court decision was not for the same condition I requested to have service connected.