Can You Top This?

[halos2]

Hello, I am as all of you, very frustrated with the lack of VA responses, treatment, and falsifications,etc.

Beginning: On special drill team while in tech school and injured legs...

well looks like you have some vericose veins now take it easy dr response

Went on bivouac while in tech training and got pink eye in both, so sent me back to barracks 2 days early( by the way all the bombs going off outside the tents made my ears ring(tinnitis) and I slept through the granades as the ringing was louder so others had to "shake and wake" to get me up.

And what about those gas masks and how they took them off of you in the large dark buildings and you had to find your way out crying and choking and feeling your way through the dark).

Well you graduate and get sent to anotherbase and now we need dental techs more then medics so youget OJT.

Time goes by yrs and you hurt your back...Dr puts you on bedrest, ice, pain meds, no work for days...jump ahead after dr visits for 2 months(14) pt for 20 days, more meds, more exercises to do,more evals from pt and ortho and they give you back braces to wear...and say well?? I guess standing agravates it so wear your brace and take your pain pills...

Then something else traumatic occurs...mths later you get your honorable discharge and go home wearinyour back brace and taking your pain meds...

You see drs all these years for your back...pain pills and braces and tens units...go to VA as expensive for back and get more of the same for 3 yrs but drive is 135 miles one way...so you go to dr by you and some the original ones from when you got out. All the years you work go to college raise your family then have an operation and BAM- you are totally disabled

You wait thinking it willget better but 8 mths later you resign you job.

You tried accupuncture, heat, ice, pt, exercises, chiropracture treatments, more meds, then holistic approaches vitamins/massage/herbal etc... no relief

You apply for SSDI and immediately get 100% granted, they tell you go back to VA but you think itcan't last...

Gets WORSE ever. So you call VA they send you forms mar 2003, you wait, you get as SO and he says VA can't find forms give them to me...I did he looses them I have to refile dec 2004...

Go to VA aug 2005 for C&P examiner is 3 hrs late rushes you through and says your back is terrible, but writes I coul almost do cartwheels(exaggeration but you get the pic as looks ok)

Then I go for my other C&P and wait...finally get decision back denied and 30% for other condition, meanwhile I thought the SO was working or doing something with my case-10 mths later I file NOD for both conditions and discover I HAVE TO DO THE WORK ON MY CASE, that is if I want to win...

While waiting I get a letter I am deceased, then they want to sever my 30% and tell me back denied did not file in time yet both on same form...So I request DRO personal hearing nd De novo wait mths...tell all and give evidence from 1969-1970 to current 2007....In the meantime I bought many books and searched the net and am on my 3rd printer as it has become m obsession to do all of the work with my claim.

They realized their mistake to sever as VA made assumption on file did not read specifics documented so they offered 50% and deny back again. Did not allow 2 IMO's but used the one from the VA C&P??? What a slap in the face! I requested copy of transcript took months and many requests to get...some info where I gave name of examiner and faulty exam and how VA removed her from doing exams as not a DR, and VA employee who ASSUMED and tried to sever and such is not on the transcript at all.

So I filled for BVA for back...I tried to condense this down didn't mention the steroid shots, x-rays. CT's, MRI's and other but how does you injury and claim compare? Oh yeah was stationd by AO for almost 2 yrs it was in over 15,000 plus drums leaking out at the base. Many cancers in those who lived in the area, also birth defects, and when Katrina hit here it came up again seeping out of the ground...govt did a 635 pg report on it but nothing says it may cause fibro... Tinnitis denied as they said dental was not near loud noises and didn't see bivouac in file, plus hearing records good on enlistment ans decreased significantly on discharge... Oh well keeps my mind working figuring out why the VA wear blinders when dealing with files!

Oh by the way they did the forms they sent me from 2003 but the did not send me the right forms to file so they said they couldn't use that date!!

And how is your day fellow vets? Lets hang in there and never give up.

Love, Luck, Health, Happiness to all! :P :(

[halos2]

Hoppy, Berta, and purple,

" an opinion does not take into consideration the veteran's entire medical history and other potential sources of the claimed disability is not considered credible for rating purposes. The statements provided by dr x and dr y are not credible, in that they were not based on a complete review of your medical history. There is no mention of the normal clinical evaluation on the military separation exam conducted on (date), nor is there mention of the documented interrent back injuries in 1986 and 1999.... Service connected for back injury is denied because there is no evidence of chronic back injury disability in service, nor of continuance treatment for chronic back injury fron discharge date to present date!"

"In service you were noted to be treated for a back injury strain that was shown to be resolved upon discharge summary." This is what is written on # 39 because on # 20 an 21 I checked back problems, worn a brace or corset, trouble sleeping, frequent pain.Form #89.

The one dr x gave evidence of my treatments from the 2 injuries they referred to as they were on "his records" to show my continued service connection. The notes of medical visits from the early 1970's and further referring to chronic back condition and chronic back pain were noted by both dr's.

The "dischage summary" states a "back injury refers to lumbosacral strain, dated mth year; treated with muscle relaxants and corset with good results. No prob since that time. No comp; no seq."

NOW here lies the problems with what they say to deny:

1) My back injury was actually 2 mths after the date they wrote on my SMR no injury during that mth they wrote and no clinical visits that date either.

2) I went for treatments for 2 mths med clinic, meds, pt, bedrest, exercises, all DOCUMENTED in SMR NO RELIEF OF PAIN & PAIN RADIATES DOWN LEG, CONTINUE TO WEAR CORSET...

3) Dr x gave in his med records my further injuries and noted had been treated at his clinic since early 70's. He told of chronic back pain and related to diag.studies worsening of condition.

4) Dr y told of status and referred current condition related to military damage to back and seq to this injury weakened spine...both ended with " injury in service was more likely than not the reason for the worsening condition and chronic pain and discogenic syndrome development all these years.

So what more do they want it is clearly evident in the SMR to which the dr's referred to as well as to current.

But the faulty nurse prac told them (VA rater)"one time injury was not the reason for my chronic back injury and chronic pain!" They even emailed her back again and asked her to state if it was or was not the reason for my chronic back probs and she emailed them back and said NOT !

They fired her from doing C & P's ,too many lies, and inaccuracies, yet I am constantly trying to prove what is right in the records!

Thanks guys.

halos2

When I was fighting my claim my SO told me over and over that exposing the VA's errors as to the evidence does not win claims. Strong medical evidence wins claims. When I started talking about the mistakes they made he would just tell me to get a doctor to write a good report in suport of my claim.

It sounds to me like the RO's statements indicate that they have misintrepreted the response to therapy and that such misintrepretation has produced an invalid logic noted in the denial. The RO's make these types of arguments to hide the real issue. The real issue is that you need a strong nexus letter. Without one you will never win your claim.

Why did the DRO deny the claim? What was the reason?

By the way, I had a similar injury when I was in my twenties while working a civilian job. I got a lawyer and was given perminent rating. The back has messed with me my entire life.

[Berta]

There is plenty of good advise here and nothing beats getting an independent medical opinion from a real doctor to combat a negative decision.

But- it appears you had IMos that the VA found did not meet the IMO criteria- that criteria is here under Getting an IMO.

" an opinion does not take into consideration the veteran's entire medical history and other potential sources of the claimed disability is not considered credible for rating purposes. The statements provided by dr x and dr y are not credible, in that they were not based on a complete review of your medical history. There is no mention of the normal clinical evaluation on the military separation exam conducted on (date), nor is there mention of the documented interrent back injuries in 1986 and 1999.... Service connected for back injury is denied because there is no evidence of chronic back injury disability in service, nor of continuance treatment for chronic back injury fron discharge date to present date!"

Can these doctors detail their IMos better-following the criteria that VA will accept? You could submit that with thew I-9 or state in the I-9 that their more detailed opinions will follow-

If the VA didnt use the correct dated SMRs etc- raise these issues in your appeal.

"Service connected for back injury is denied because there is no evidence of chronic back injury disability in service, nor of continuance treatment for chronic back injury fron discharge date to present date!"

These statements must be rebutted with medical evidence-

Hoppy is right:

"It sounds to me like the RO's statements indicate that they have misintrepreted the response to therapy and that such misintrepretation has produced an invalid logic noted in the denial. The RO's make these types of arguments to hide the real issue. The real issue is that you need a strong nexus letter. Without one you will never win your claim."

Most of us here have been recipients of faulty VA logic based on misinterpretation of -or ignoring the evidence.

The VA has rejected your IMos-as they do not conform to the criteria that VA will accept-

the IMos could be re-submitted if they are put into the proper format-the docs will need your SMRs and complete medical records-in order to make a valid nexus statement.

"So what more do they want it is clearly evident in the SMR to which the dr's referred to as well as to current."

You have to practically hold their hands sometimes-

Spell it all out clearly and support it with evidence by referrals to specific dates and pages of your SMRs.(and enclose copies of them)as well as the continuous after service treatment.

I posted the topic -Getting an Independent Medical Opinion- here again the other day.

This is what an IMO must conform to.

[halos2]

Berta thanks a bunch!! Yes I did read and copied your info on IMO the other day. Finally got VSO on phone today and told him of all the problems with my claim again...He told me sameo sameo send in info and I told him I did 3x and sent it to his office to advance to VA and he said "just write it all down again and all the things they declined and give it to them again you know they are just stupid and you have to make sure somebody is reading it because that's how stupid they really are!"

It will probably go to DC and they will send it back because they didn't do it right the first time. They hope vets will just walk away from it and not fight it. No 646 done yet as he said appeals table is reviewing it again...he said I had 90 days more to submit evidence after BVA gets it(knew it but let him say it anyway) Do you think they ever refuse because you keep sending some of the info again and again because they are not reading it and it is clearly there??

Just getting frazzled by their deliberate jerking me around. Facts state dates, yet they look at one paper with wrong date versus many pages in SMR stating factual evidence. I am not nor have ever been a smoker or drinker but they might lead me to partake in the consumption of a drink, haha only kidding.

I should get the copy of the already filed Apr 08,VA 9 in mail tomorrow and will write the statement you wrote the other day under hearing, and will attach all evidence, highlighted again to the previously sent Form 9 again. Wish me luck and PATIENCE. Best to you and all others for assistance.

[Hoppy]

On this post you mention the inservice symptoms. Re fresh me on your post service treatment. Did you see any doctors post service? How much time went by before your first visit. It is obvious they are wrong when they say no post service treatment. It is a question of when the post service treatment is first documented.

The raters use there "discretion" to make determinations that are actually medical opinions. A direct way to make a powerful medical argument is to have a doctor specifically contridict the terminology used by the raters. Such as "there is no evidence the inservice injury resolved. A single examination at the time of discharge is not adaquate to form an opinion that a back condition resolved".

The big problem is post service continuity. It depends on how long the first treatment was after service. The length of time that went is often used by raters to deny claims. However, I argued that in my claim that continuity is a medical determination and until a doctor address's this issue its not appropriate for an adjudicator to use their discretion to make a denial. Thus, the claim is not fully developed until a medical determination of whether or not there is continuity is obtained. Again get a doctor to read the decision and respond directly to the raters statements.

I told you about my workers comp. claim for a back strain. The reason the attorney had little problem winning the claim is because my doctor treated me in a manner almost identical to what you went through. I had back pain. sciatica down my leg and wore a back brace for three months. They took me off work for three weeks and told me to rest in bed. After three weeks I went back to the doctor and told him I felt great and was ready to go back to work. I am sure the VA would argue that my statement indicates that the condition resolved if this were a VA claim. Much to my surprise the doctor refused to let me go back to my original job that requires a lot of lifting and wrote a letter that I had to do sedentary work for the rest of my life. I had no xrays, MRI's or any significant evidence other than a short history that the doctor thought was consistent with a significant chronic injury.

It was a good thing the doctor did this because my back has been shot my entire life since that 3 monmth period I was treated in my twenties. I think military doctors do not have the balls to take a stand to protect the troops. I have had a retired military doctor tell me to my face that they were given orders to under diagnose patients they were treating.

I had similar problems with other conditions where I thought the military doctors under diagnosed two of my service connected conditions. I actually got VA doctors to agree with me and write report after report on my behalf to get service connected. It only took me 8.5 years but the bottom line is I did not let the raters tell me one thing that did not make sense to deny my claim.

All you can do is battle them with doctors opinions.

[halos2]

The first DR I saw was deceased. The second too but I know of the where abouts of his assistant/office manager. The next Dr one of the IMO ones wrote of my being seen at his clinic since 1972 first by his Dad, and next by him all of these years. His dad is deceased now too. All these years back condition has gotten worse and seen many fot treatments. Went to VA 1985-88 and noted on forms Chronic Back Pain...

Thanks Hoppy for your help again.

,

On this post you mention the inservice symptoms. Re fresh me on your post service treatment. Did you see any doctors post service? How much time went by before your first visit. It is obvious they are wrong when they say no post service treatment. It is a question of when the post service treatment is first documented.

The raters use there "discretion" to make determinations that are actually medical opinions. A direct way to make a powerful medical argument is to have a doctor specifically contridict the terminology used by the raters. Such as "there is no evidence the inservice injury resolved. A single examination at the time of discharge is not adaquate to form an opinion that a back condition resolved".

The big problem is post service continuity. It depends on how long the first treatment was after service. The length of time that went is often used by raters to deny claims. However, I argued that in my claim that continuity is a medical determination and until a doctor address's this issue its not appropriate for an adjudicator to use their discretion to make a denial. Thus, the claim is not fully developed until a medical determination of whether or not there is continuity is obtained. Again get a doctor to read the decision and respond directly to the raters statements.

I told you about my workers comp. claim for a back strain. The reason the attorney had little problem winning the claim is because my doctor treated me in a manner almost identical to what you went through. I had back pain. sciatica down my leg and wore a back brace for three months. They took me off work for three weeks and told me to rest in bed. After three weeks I went back to the doctor and told him I felt great and was ready to go back to work. I am sure the VA would argue that my statement indicates that the condition resolved if this were a VA claim. Much to my surprise the doctor refused to let me go back to my original job that requires a lot of lifting and wrote a letter that I had to do sedentary work for the rest of my life. I had no xrays, MRI's or any significant evidence other than a short history that the doctor thought was consistent with a significant chronic injury.

It was a good thing the doctor did this because my back has been shot my entire life since that 3 monmth period I was treated in my twenties. I think military doctors do not have the balls to take a stand to protect the troops. I have had a retired military doctor tell me to my face that they were given orders to under diagnose patients they were treating.

I had similar problems with other conditions where I thought the military doctors under diagnosed two of my service connected conditions. I actually got VA doctors to agree with me and write report after report on my behalf to get service connected. It only took me 8.5 years but the bottom line is I did not let the raters tell me one thing that did not make sense to deny my claim.

All you can do is battle them with doctors opinions.