Service Connection Injuries

[Mcafee]

Hello all hope all is well. I have been racking my brain to say the least my Question is this ( If you are injured on Active Duty upon discharge from Military Services. Who is responsible for The injury or injuries?Is the burden placed on the Veteran to follow up or is it the Military Services or the VA.? I am a little confused here with this .I know the Federal Citation that Iam arguing with the US. Army is clear however if the Services know you are or were injured to make the process user friendly?

[john999]

I believe the VA will lump all your back problems together and give you a rating based on you level of disability which usually means your ROM and other results of a back injury. Are you able to walk, bend over and control your bladder? These are the kinds of things they also consider. Do you use a device to help you walk? Are you in a wheelchair? If you are in chronic pain you should file a claim for depression as secondary to the back injury. Those other injuries that happened after service are a big target for the VA. They will most likely say that these are the reasons you are IU. You fight that with medical opinions that your SC injury is the cause.

[Berta]

Halos 2---Do I understand-

you dont have an IMO from Dr. Bash but you did submit IMos from two other private doctors?

Did those IMos fully support your claim and rule out,by medical evidence,any post service accidents or injuries as causing or contributing to your inservice back problems?

Did VA fully consider those IMOs?

The 50% you have- is the back problem related to the 50% disability?

I agree with Hoppy that this will take a strong Independent medical opinion-

but I seem to understand you have 2 already?

Did the VA fully give reasons and bases for not accepting these IMOs?

Have you claimed additional disability resulting from the falls and maybe even the car accident that aggravated the service connected condition?

"Did request personal hearing and brought up all evidence issues, and still denied, and copy of hearing is not complete of all the info I presented (knew I should have brought my own tape recorder in with me)."

Are you still within any deadlines to respond to on the denial from the hearing-

I mean-have they sent you a formal denial yet with appellate rights?

I assume this claim was filed after the VCAA of 2000.

In your VCAA letter that you got a few months after filing this claim-could you fully comply with everything the VA said they needed?

[halos2]

I believe the VA will lump all your back problems together and give you a rating based on you level of disability which usually means your ROM and other results of a back injury. Are you able to walk, bend over and control your bladder? These are the kinds of things they also consider. Do you use a device to help you walk? Are you in a wheelchair? If you are in chronic pain you should file a claim for depression as secondary to the back injury. Those other injuries that happened after service are a big target for the VA. They will most likely say that these are the reasons you are IU. You fight that with medical opinions that your SC injury is the cause.

[halos2]

john999

The VA refuse to grant me anything for my back injury. I had to resign my nursing job 6 yrs ago after surgery. I was diagnosed with full blown 1)fibromyalgia 2)herniated discs spinal disability 3)depression. A diag chronic back pain all these years,always worn a back brace since initial back injury in service 1969. Use a cane sometimes, knee braces bilateral most of the time,Chronic pain all of the time.

They argue that a minor car accident, 2 falls on wet floor at work, and pulled back moving a desk in my office are the reasons for my back problems. The doctors used the service connected injurys with the reports, and treatments I had from them during the years. I didn't know to have them also relate to the above other injurys and also to the treatments I had at the va in 1985-88.

[halos2]

Halos 2---Do I understand-

you dont have an IMO from Dr. Bash but you did submit IMos from two other private doctors?

Did those IMos fully support your claim and rule out,by medical evidence,any post service accidents or injuries as causing or contributing to your inservice back problems?

Did VA fully consider those IMOs?

The 50% you have- is the back problem related to the 50% disability?

I agree with Hoppy that this will take a strong Independent medical opinion-

but I seem to understand you have 2 already?

Did the VA fully give reasons and bases for not accepting these IMOs?

Have you claimed additional disability resulting from the falls and maybe even the car accident that aggravated the service connected condition?

"Did request personal hearing and brought up all evidence issues, and still denied, and copy of hearing is not complete of all the info I presented (knew I should have brought my own tape recorder in with me)."

Are you still within any deadlines to respond to on the denial from the hearing-

I mean-have they sent you a formal denial yet with appellate rights?

I assume this claim was filed after the VCAA of 2000.

In your VCAA letter that you got a few months after filing this claim-could you fully comply with everything the VA said they needed?

[halos2]

BERTA,

Correct no IMO from Dr Bash. Had 2 others by other dr's who have treated me for years... I had them relate my service connected injurys and write they reviewed my SMR to qualify for in service back injury. They said my service connected injury was the beginning of my back problems. It originated there.

The VA ruled out these 2 IMO as they did not speak of the auto accident, 2 falls on a wet floor( however in one of the dr records it stated he treated me for these injurys and also for back pain from moving furniture in my office).

The VA allowed a nurse pract. to say my service injury was not the reason for my lifelong back probs... She lied on the C&P and I went to the patient advocate and FOIO at the hosp to ammend record, but she had so many errors I wanted a new C&P yet none done. The nurce pract. was removed from doing C&P's because she made so many errors and lied on patient records and exams.

They put her in another part of the hosp. and I spoke to her 2x after the report was written in 2005 and she said she did not write what was in the exam, and someone must have mixed up the files. Of coarse she does't remember any of that now cause it was in 2005.

Had requested medical and complete records 6 times and drove to St Louis one time to get them after calling them first...they said copy machine was broken and they would mail them to me...finally got them after 2 yrs.(4 story building and only 1 copy machine?)

50% ptsd and first had 30% and put in NOD and De Nova for increase and also cause they denied back...they next declared me deceased and had to fight that...

next they tried to sever ptsd and say I didn't file for back problems in time however both were on same NOD...next requested personal hearing to bring up both...

waited over 6 mths just for hearing...

next waited about 6 mths and they said ptsd should have been 50% but still denied back..

Signed VA Form 9 still giving them info as records/files are in holding area prior to DRO to double check before going to DC

The VA gave reasons that 2 Dr's did not discuss post injuries yet one had it in files given to them...............

SO do you think all I need to do is to get the Dr's to write ...futher injuries post service have occurred even though one said the original service connected injury weakened the spinal structure..................

Filled in 2003 they gave me wrong paperwork...refiled in 2004 they lost papers couldn't find my copy, so refiled in 2004 dec

first c&p in july and 2nd in Aug 2005 and you have my timeline for the rest.