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Sc Denial For Lumbar Injury

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Scott D

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Here is the quote from the Statement of the Case issued recently.

"Service medical records show that you were treated on Nov of 2004 for complaints of thoracic and upper lumbar discomfort which was diagnosed by a chiropator as chronic lumbar thoracic strain."

"The evidence does not show that you had a chronic thoracolumbar condition while in service, despite the term of "chronic" on the treatment note".

Does an of this make sense or am I just not getting it? I was seperated under honorable condition in april of 2005, all of the Chiropratic treatments 6 in total, were clearly in service. I was even waived from perfoming in a physical fitness test due to re injuring my back.

How should I approach this fight?

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Boy- that's is a good one-

"all of the Chiropratic treatments 6 in total, were clearly in service. I was even waived from perfoming in a physical fitness test due to re injuring my back" That is exactly what you have to tell them-in the NOD- I would attach copies of these records too if I were you and also anything else on the fitness test waiver.

They sure can manipulate something into saying something else-

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I am not to smart but your lumbar is your back and a thoracic surgeon cracks the ribs open to operate of heart and lungs, so is it possible some idiot in the Army might have just entered the wrong term into your records, for a condition to be chronic it means more than 6 months, you say you were discharged in 2005 and you are still having back pain? Then that's chronic, make them do am MRI or if you have private insurance get one done to show the raters that you indeed havea bulging or herniated dissk, sorry about the pain, I live with L4/L5 and L5/S1 heriniated and they won't operate because of my heart, but they keep refilling my Percocets every month, some days they don't even help, appeal and keep appealing

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Chronic is defined as "lasting for 6 months or longer" - obviously it has been longer than that now - but perhaps it wasn't in their "time frame" for "chronic" on the date of diagnosis......(11/04).

How far apart were the 6 treatments?

Also - I've seen many people post here that the "VARO cannot make medical determinations". If you medical records say it was chronic - they should have to base it as such.

There was definate evidence of "lumbar thoracic strain" even if they don't consider it "chronic" at the time - it has become chronic (assuming you are still having problems)

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Sott, You just need to show them that you were trated in service and the condition still exist today. They will tell you anything and hope that you go away.

That SOC tells me that they didnt even read the claim to begin with.

Reply to the SOC with another SOC and send it to to them with a copy of Dorlands medical dictionary word Chronic. EXACT QUOTE: Chronic: Persisting for a long time.

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The main thing i've found is the RO makes these decisions without having all med records. I 've found that at least half of remands were due to the RO not including all med records, especially the most recent.

This has caused me three remands and six years. Still waiting.

Wayne

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Here is the quote from the Statement of the Case issued recently.

"Service medical records show that you were treated on Nov of 2004 for complaints of thoracic and upper lumbar discomfort which was diagnosed by a chiropator as chronic lumbar thoracic strain."

"The evidence does not show that you had a chronic thoracolumbar condition while in service, despite the term of "chronic" on the treatment note".

Does an of this make sense or am I just not getting it? I was seperated under honorable condition in april of 2005, all of the Chiropratic treatments 6 in total, were clearly in service. I was even waived from perfoming in a physical fitness test due to re injuring my back.

How should I approach this fight?

You should go back to the doctor as long as your back is giving you problems and as often as necessary and don't let them tell you that this is not a chronic problem...Read this link and read carefully about VA calling it acute...if this link doesn't come up I will email you the link if you want just let me know

http://www.va.gov/vetapp03/files/0319243.txt

I hope this will work as it wouldn't let me copy and paste so I just type the address in.

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