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, those was settle out of court. I barely even got 3,ooo dollars for those. The thing that worries me tho. Is that when I went to my video conference the actting judge seem confused,losted, and not paying attention to what I was saying to him. BUt in a way he seem to be paying attention. I directly attack evidence of mines as to when I was seprated from the militray and how i was given a permanent profile, and limitation of "no running or lifting"(which the pebs or ebsd failed to assign a limit to how much i could lift and how far i can run or walk), how I couldn't get a job when I got out of the military because of that permanent profile. Being I was homeless at 17 years of age and I didnt have any education but a state high school diploma prior to service, how I didnt meet the minium requirements for poverty guildlines of income from 1986 until the present day,I agrue about How the military was suppose to help me in filing an TDIU and I was hoping that I wouldnt be treated with bias because of me only service alittle over a month in service. The judge stated "You will be treat with fair even if you only did one day of basic training and than went to war and got shot is still you are indeed service connected" He said my words are sincere and well grounded.

I than told him how i was so behind in my bills and wanted to know when he was going to complete my case he said "You need to file a hardship and a support" so I fax that the next day to bva. He said that it would get to him since he is the judge in this matter.

Do anyone know how long it takes for bva to make a decision?? And will I get retro back pay first before the award letter if im granted my claims?

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.

[Hoppy]

I am not sure about the timing on BVA decisions. When my claim was awarded, by a DRO at the RO, there was a meeting with my SO. My SO told me the same day that he signed off my claim and that a decision had been made in my favor. It took six weeks from the time my SO told me he signed off the claim and the day I got my retro check. I actually recieved my first monthly payment about two weeks before I got the retro. How that hardship claim will effect the timing is something I am not familiar with.

Did he say your "statement" was well grounded or was your "case" well grounded? A well grounded case is an old adjudication term which means you meet the three elements of a valid claim. 1)In-service diagnosis, 2)post service diagnosis and 3)nexus. A well grounded case does not always result in service connection. However, it is a good start.

One of my claims was originallly denied as "not well grounded". On appeal it was found to be well grounded but denied because they thought there was a post service intercurrent injury. When I proved there was no post service intercurrent injury they were left with a well grounded claim and I was service connected at that time.

Edited July 8, 2007 by Hoppy

[lamontino]

Im not sure what he exactly said. Because he words was sometimes mumbo. But I just wanted to know a time frame. But like I said. Who knows I might have to appeal his decision even tho i got all this evidence to prove in service injury

I am not sure about the timing on BVA decisions. When my claim was awarded, by a DRO at the RO, there was a meeting with my SO. My SO told me the same day that he signed off my claim and that a decision had been made in my favor. It took six weeks from the time my SO told me he signed off the claim and the day I got my retro check. I actually recieved my first monthly payment about two weeks before I got the retro. How that hardship claim will effect the timing is something I am not familiar with.

Did he say your "statement" was well grounded or was your "case" well grounded? A well grounded case is an old adjudication term which means you meet the three elements of a valid claim. 1)In-service diagnosis, 2)post service diagnosis and 3)nexus. A well grounded case does not always result in service connection. However, it is a good start.

One of my claims was originallly denied as "not well grounded". On appeal it was found to be well grounded but denied because they thought there was a post service intercurrent injury. When I proved there was no post service intercurrent injury they were left with a well grounded claim and I was service connected at that time.

[lamontino]

well what he did is did a full descripition of dates and times and the doctors I seen and when. Than did a narrative of events as it took place than point things out as what they said in those reports. Than he came up with those conclusion. I dont know who Dr bash is but this doctor I had is a IME. He also said my spondylolithies and spondylolsis was asysomic(i dont know how to spell it)at the time of entrance into the military and that my injuries while in the military was permanentlty aggaravated. and he showed a graph chart on the normal progression of a diease and the aggravation process of a disease the aggaravate one went progressively fast downwards

"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.

[Berta]

This is exactly how a good IMO doctor does a strong opinion-

sounds great to me.

You expect a BVA decision on this? Have you confirmed that the BVA has this medical opinion?

Hard to say how long this will take but in my opinion the BVA is the best part of the claims process. Superb lawyers who know how to read-

Since the BVA has to remand so much back to VAROs-I often wonder why the VA doesn't close the ROs , hire more excellent lawyers at the BVA and expand their set up in DC , put them into former Regional offices as sattelite BVAs, and let all claims go directly to them.

They do it right in my opinion 99% of the time.

One reason why so many CAVC decisions agree with the BVA.

[lamontino]

Yes they got the report. I call them to to vertified. Its waiting to be dictated. Also I sent a letter of support (forms)for finical hardship. I hope the process is quicker.

This is exactly how a good IMO doctor does a strong opinion-

sounds great to me.

You expect a BVA decision on this? Have you confirmed that the BVA has this medical opinion?

Hard to say how long this will take but in my opinion the BVA is the best part of the claims process. Superb lawyers who know how to read-

Since the BVA has to remand so much back to VAROs-I often wonder why the VA doesn't close the ROs , hire more excellent lawyers at the BVA and expand their set up in DC , put them into former Regional offices as sattelite BVAs, and let all claims go directly to them.

They do it right in my opinion 99% of the time.

One reason why so many CAVC decisions agree with the BVA.