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Got A Denial ---was I Suprised



Got my yellow envolope from the RO today. :huh: Was denied for an earlier EED and Higher % for LBP.

This was a suprise since I have a hearing with the DRO on Oct 25 for an earlier EED and a higher % for LBP. ??????

I am simply amazed at the amazing way our VA is so good at screwing things up.

I have been denied again for the same reasons that I now have a disability rating of 20 %. If this makes sense to any one they must work at the VA.

My attorney (a former JAG officer) was amazed that these people can actualy tie thier own shoes until I reminded him about velcro.

I am waiting now for my hearing to ask why this letter and then remind them about the 15 page IMO that was wrote for me by a professor of Radioligy at YALE that explained to the VA why yhey were wrong and now they are wrong again.

Semper Fi Brothers and Sister in this Battle against INJUSTICE

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  • HadIt.com Elder

My hearing is Oct 18th if the Texas Veterans Commission did not change it again.

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Good luck Pete mine is going to be interesting. Mine is at the St. Louis RO.

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Did they list the IMO as evidence in the decision and then did they provide medical rationale in the decision that rebutted the IMO?

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The IMO was introducted in 2004 when I was awarded a 20% disabality for LBP. Spina Bifida with spondilisis and spondilosis.

The IMO stated that spondilisis can only be seen on an xray ( will not show up on Mri or Cat scan) and once it has been diagnosed it does not need to be diagnosed again as the condition does not go away. The orginal diagnoses was by the Military Doctors before I got out in 1970. And that was part of the IMO and it held up in 2004.

Also although it is a condition that developes to people with Spina Bifida over the course of 15, 20, 25 years it does not develope in the 13 months. Mine did while I was in Viet Nam while serving as a rammer for 155 howitzers handleing 94 pound round all day and night.

With this the VA said that the ponderance of evidence was in my favor and awarded me a disability.

Then I had a C&P by a Nurse practioner at Columbia and was only awarded 20% and and effective date of OCT 2001.

In the denial I got yesterday no mention was made of the IMO, only that the COVA made a decision on an EED in 1997. The COVA did not make a decision on an EED for my disability thier decision was because I missed a NOD date because I did not know what to do. My attornies took it (missing the NOD) to the federal court in D.C. and won but the V.A. got it over turned. That was in 1997 we reopened the claim in 2001 and from there we won a small battle and now we are trying to win the big one.

I called the 800 # today and got a real nice lady that when I told her what was going on said that the decision I recieved should not have been made because there was a pending on my appeal and that I had a hearing in Oct of 07. She also said that there was activity on my request for PTSD on the 17th of this month. She said that someone had looked at my file but did not know what was going on.

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