Is This Possible, Propable, Definite Information Useful?

[halos2]

Was reading my SMR's for the thousandth or so time and I noted in the orthopedic clinic notes;

"Hx as noted. Occasional pulling in L thigh...Stands all day as(job) tech this aggravates pain!" Then with exam notes "mild pulling sensations and spasm and l-s strain to back"(noted sprain, strain, spasm to l-s back). Have nothing further to add except L-S corsett for work. Valium and Darvocet for pain. There are a few other notes of no relief of pain with corsett, encouraged.

Well why didn't they attempt to have me change jobs? Why didn't they attempt to cross train me in another position if standing would aggravate my painful condition?

Some prior notes in SMR (condensed for space)

This went on for months prior with rest,heat,robaxin,zactirin ordered. PT treatments ordered for 20 days with no improvement, Valium ordered prior too. Pain radiating to left leg, ROM is decreased, has had low back pain for months, persistent low back pain, still symptomatic to ortho, little or no relief with meds, PT, and rest.

My question is all this: in this documentation and is the "stands all day as a (job) tech this aggravates pain!" and they did nothing to allieviate the pain or job position, so is this the EVIDENCE that will finally show how they dropped the ball with/on me??

BTY I have presented 38+ years of medical documentation from Dr's of back treatment all these years! So far denied r/t nurse pract. and case is at BVA...same np who said I was never treated at this vamc, ever, yet the records show 3 yrs tx in the 80's...go figure, right??

Form 89 # 17 on admission statement of examinee's health in own words "GOOD " and on discharge form 89 "FAIR". Plus other discrep. on other forms previously addressed. <_<

Edited July 7, 2009 by halos2

[Berta]

Did they deny the back disability due to lack of service nexus?

If so this certainly proves nexus.

But if the claim is for higher SC back rating- ALL medical records you can find will help support the higher rating.

I too found something after 15 years of reading my husband's autopsy.Something so significant -it was probably all I needed in the first place for my claim-and maybe I would not even have needed to spend thousands on IM0s.I sent it right off to the BVA and to the VARO.

It always pays to re-read any SMRs and med recs, many many times.

It helps to find someone you trust to go over them too.

My daughter saw something on a medical certificate that I sure missed -I couldnt understand the writing so I disregarded it-but when she decifered it -it was prime evidence when I proved malpractice.

C files, med recs and SMRs are never read by VA in the way we can take the time to read them.

I am waiting on a status now from the VARO on my deficient award letter.

They listed the BVA decision as evidence for the award but it appears they only read the 'granted' and wrote this award letter in minutes-leaving out information that prevents me from getting the money they owe me-spelled out by the BVA.

I know how frustrating a lousy decision can be but they hope we will get so angry and disgusted that we will not be able to think straight to overcome their erroneous decisions.

[carlie]

so is this the EVIDENCE that will finally show how they dropped the ball with/on me??

halos2,

It's hard for me to keep up with all the posts and I have been out of town a few days.

By posting, "is this the EVIDENCE that will finally show how they dropped the ball with/on me??"

I need a refresher,

What is the exact disability you filed for ?

It was denied - right ?

What did VA state in Reasons and Bases for denial ?

carlie

[halos2]

Berta and Carlie, Yes they did deny my claim...it was for back injury/herniated nucleus pulposus...I had 2 imo's, years of medical info/documentation of treatments. The defunct nurse pract. said I had a one time injury and working years as a nurse is what made my back a disabling condition...The va rater emailed her back and asked her to clarify if my injury in the service was related to my back disability inservice or not as what she wrote was misleading...she emailed them back it is not related to my service injury, and then typed in the nurse job...

They used this as evidence, not the facts of months of tx, pain meds, antianxiety meds,rest,exercises,corsett use, pt exercises, ortho eval"which stated "job standing all day aggravates pain " and the reverse side of my form 88/89 where some dr typed in no further back problem from injury on "date", however there was no injury on that date/no sick call or clinic visit on that date...it was 2+ mths later when I had my injury.

The front of form 88 is marked upon discharge yes for back problems/pain, yes for back brace/corsett, yes for sleep problems, and some other areas but none were marked yes on my entrance physical.

It went to BVA last summer.

So then yes they are denying it as not related to military injury...so as I found this also written in my SMR's standing aggravates the pain, and they basically knew this and sent me on my way with a corsett and pain meds and antianxiety meds.

I did have 20 days of PT treatments too with no relief, 13 clinic visits, ortho clinic visit,and pain radiating to my left leg. All documentation shows no relief of pain!

Do you think this point of the Dr writing Hx as noted occ pulling to l thigh. Stands all day as a tech-this aggravates pain...have nothing further to add except l-s corsett for work, and valium, and darvon ordered again. The consult was recommended by a dr after more than 1 1/2 mths of tx little/no relief from meds, pt or rest. The above was written by the ortho dr.

Edited July 7, 2009 by halos2

[carlie]

halos2,

Where the doc listed, "this point of the Dr writing Hx as noted"

I'm fairly sure that HX just stands for history of, so I do not see that as helpful.

Now if this is some updated medical evidence and the doc gave a diagnosis,

then referred to history of and continued on with medical rationale to support SC,

stating as likely as not related to... and listed a few of the reports you had on AD

then I would say it was helpful.

Is this claim currently at BVA and has not yet been denied

or remanded to AMC and/or RO ?

If you have not been notified yet of this claim being denied, you can still

continue to submit additional evidence and argument.

I do not remember which topic or thread it was but I made a really

long post to you, I guess about 6 or 8 hours ago - did you read it yet ?

carlie

[halos2]

Carlie, the dr did write hx as noted, I just typed it too to show he was implying this back injury was a history and not something new... Claim went to BVA last summer...not even dusted off from shelf, and won't be till next summer. I am going to quote this from my SMR's as this was not remotely referred to previously. Nope I haven't found the thread where you posted big, just this site where you did at 8:14 am. SO you think I need to get one of my doc's to related this specific SMR notation and refer the evidence that the physician stated standing all day aggravates back pain, and yet only told to wear a corsett for work and did not implement other measures to allievate pain(did again with pain med/antianxiety only)( by not checking out possible cross training to eleminate standing all day?) <_<

halos2,

Where the doc listed, "this point of the Dr writing Hx as noted"

I'm fairly sure that HX just stands for history of, so I do not see that as helpful.

Now if this is some updated medical evidence and the doc gave a diagnosis,

then referred to history of and continued on with medical rationale to support SC,

stating as likely as not related to... and listed a few of the reports you had on AD

then I would say it was helpful.

Is this claim currently at BVA and has not yet been denied

or remanded to AMC and/or RO ?

If you have not been notified yet of this claim being denied, you can still

continue to submit additional evidence and argument.

I do not remember which topic or thread it was but I made a really

long post to you, I guess about 6 or 8 hours ago - did you read it yet ?

carlie

[sharon]

The doctor has to show how the PAIN in the military was in deed a herniated disk. Otherwise they are saying that they ara two different condition. I would help for him to say that from the current progression of the disk it is his medical opinion that the injury would have likly occured during your period of militrary service. Or that the symptoms show that there was a herniated disk that went undiagnosed.