Bva Denied All Issues But Secondary Shoulder

[allan]

BVA just denied all spinal issues. They granted the shoulder, but gave no rating. This is a final SOC, so I guess I need to find a good lawyer.

They simply picked the shoulder out of the C&P they refused to consider in 1998 and left out everything else the examiner said was SC. The Cervical thoracic & lumbar DDD & DJD.

Injuries are from a Whiplash & Blunt Chest Trauma from an auto accident at age 19.

How they can think the shoulder is SC, but not the rest after all the C&P's & IMO's stateing so, I have no clue.

I will likely recieve a "0" for the shoulder is what i'm thinking. They say theres no diagnoses for the left arm the shoulder causes, so therey didn't make a decision on that.

VAMC records show "frozen shoulder", along with arthritic spurs. I have such a loss of ROM I can't believe they never considered this in their SOC.

I'm so tired of all of this playing mind games. It's attorney time for me.

Thanks for letting me vent.

[carlie]

allan,

I'm so sorry this is going to continue dragging on for you.

All I can add is B*sturds !

carlie

[vaf]

Just my two cents, but when I asked my husband's attorney handling unrelated issues at the CAVC about a denial we received on issues before the Board and whether we should ask for reconsideration, he pretty much told me that he considered it a waste of time. I think that's a credible opinion, since the attorney is located in D.C. and deals with the Board and the CAVC all the time.

[allan]

You all make me feel like fambly.

Thanks to everyone for the replies.

After 11 years & seeing how the BVA picked out just what they wanted in all the evidence like a VARO would, I think an organized case & an attorney at COVA would save me another decade or two. The BVA is either incapable or completely unwilling to view all the evidence. There were medical tretis that were never mentioned. They listed most of the IMO's but gave no weight or picked out what they wanted.

They listed 5 C&P's & IMO"S that were favorable. Three from Dr Bash and they listed an IME they specially requested after I had a general medical, as a general medical.

The Judge used an IMO from a consultant that stated, "since I reported no health problems until the 90's, my issues couldn't be service connected". This consultant didn't have all my records or they couldn't have made that remark.

Dr Bashs IMO's were given no weight at all.

Yes Stretch. I've had MRI's. The Cervical canal narrowing, bone spurs, DDD, etc has been attributed to the accident by Dr Bash, my PCP & the VAMC C&P examiner. I've had a claim for GERD they've been side stepping also. If You've had a severe whiplash, you "will" develop problems down the road in the cervical.

The Judge mentions the trazpezious muscle on the left shoulder always being in spasm throughout my records but atributes this to the shoulder. It's also listed like that the next day after the accident in my service records in 1968. It's the Cervical damage thats caused it & I'd bet $$ on it.

My arm was put in a sling & I was told not to use it for two weeks. But the records show I couldn't were the sling because of the Thomas collar for the whiplash.

They ended up letting me chip & paint the bilges for light duty for a couple weeks than back to regular duties. Nothing had time to heal.

My left arm doesn't go all the way down to my side. It stays 90 degrees to my torso. Pain increases through the elbow if it does. Hand goes numb & prickly & I have carpel tunnel in the hand.

How do you attribute residuals of whiplash, to walking in the snow as an inter-current cause? DDD & DJD set in when I was in my early 30's. I could sneeze & my back or neck would pop out of place & put me out of work for a time.

Thank you for the advice Berta. Will have Betty help me look it over & get this ready for an attorney.

Thank you VAF and I agree that it would be a waste of time.

I wish everyone a happy holliday weekend.

[Mcafee]

ALLAN When was claim sent to BVA ? mine was sent AUG 2008.

[allan]

Hello Mcafee,

mine was sent Oct, 1998

[john999]

Allan

You know Sledge had a claim that was going nowhere until he finally hired a lawyer. He hired Ken Carpenter. He got his 100% for PTSD. It is a crime that the BVA had your claim on ice for that long. I would hire the lawyer and put it in his hands and then forget it for a while. It is good to have very objective eyes on your claim.

John