Need Help - Should I Get A Lawyer

[SSGmajik]

Can anyone please help. I was denied an increase for my SC conditions. The VA said that they were not SC, but all my evidence says that it is related to my medication and my SC spine condition. I've had 3 surgeries on my lower back and continue to have problems. My MRI's show degenerative changes, spinal stenosis, retrolisthesis, facet arthropathy, bulging discs in 5 levels, and the radiating pain is awful. All this was denied on my increase. I am not sure if I should get a lawyer or wait and build up a stronger case and file for another increase attempt before the one year mark. I am completely frustrated and I do not know what to do. PLEASE HELP!

SSGmajik

[dav_marine72]

What is actually on the table here? Is it just an increase for your spine condition? If so what are you rated now and under what rating diag code?

[Berta]

Did the VA list all of your evidence in the denial?

(proving they got it)

Did they then refer to it in the Narrative?

You could file a Request for Reconsideration and tell them why their decision is wrong.

This doesnt stop the NOD clock. If they dont decide this type of request and that year gets close, file the NOD-

Do you have a vet rep?

You should have their support for the Reconsideration Request-they would know better then me if it is appropriate here-

do you have medical statements from a real doctor or from a C & P examiner that says these conditions are related to your SC?

Conditions claimed as secondary to a SC condition need medical proof of the association.

Edited October 20, 2008 by Berta

[gdsnide]

Get a Lawyer as fast as U can....GARY

[yoggie2]

File the Notice of Denial (NOD) and request a Sit down DRO review and the back is a tricky thing and the VARO know how to deny and they don't expect you to fight you claim. This is kinda what happen to me and the increases come with ROM range of motion or incapacitating episodes that require 6 or more weeks of bed rest over the last year. Also you need IMO stating your current conditions from an out side credible source to dispute the VARO denial....

Get that NOD in asap to start the progress of your claim get with rentalguy if he has the time he's the Master of the back injuries and radiation and so on if he's got the time he'll help you get on the right direction...

Edited October 20, 2008 by yoggie2