Learning This Myself

[cannoncocker]

I would appreciate any suggestions on where on this forum and what subjects I should start reading to continue my claim. I am satisfied with the rest of the claim. I am interested in learning this myself. Thinking towards worse case scenario in the event they decide against me.

I have a partially completed C&P claim with:

Chronic Anxiety =Deferred QTC Exam Completed 4 August 09(current status)

High Frequency Hearing Loss=Deferred QTC Exam (Additional consultation with original QTC Audiologist) (current status)

Lumbar Spine Injury=Denied=Requested Reconsideration of Decision=DRO (current status)

I was taken to the emergency room for this injury and on the progress notes they wrote patient complained of "pain at waist line". What does that even mean? Front, back, side? I told that to a VA doctor and he started laughing so that is proof it didn't even pass the laugh test. No x-rays. No other tests. Stated good range of motion, etc. Prescribed Motrin. I told them I could barely and they said I could leave the same way I got there. Why they would treat me like that is completely beyond me.

Later at my unit they changed the "patient complained of" to low back pain and changed to different NSAID. Took annual leave then light duty till I ETS'd.

Thank you

[Berta]

Can you tell us the exact wording of the denial?

Is the injury itself documented in your SMRs?

[cannoncocker]

Hi Berta, it took me a few minutes to define SMR (Service Medical Record) That was in my active duty military records (progress notes) both visits but when they told me to basically hit the bricks and I was close to ETS I really just took my annual leave, which I had planned on cashing in, and my unit Cmdr. let me run the recreation activities at the Gym till I ETS'd really just as a favor to help me get through. Honest, at the time I had never even heard of the VA. I thought you got out and good luck. It was years later till some older guy, me now, got me up to speed.

In smmation for the lumbar spine injury:

Evidence shows the veteran suffered back pain while in service. However, other evidence received in connection with this claim shows that the veteran currently suffers from lumbar spine injury with radiating through the buttocks and down legs which is unrelated to the disability which occurred in service. Therefore, since there is no relationship between the disability which occurred in service and the current condition, service connection is denied. The rest relates to dates of contact and exam dates etc. It states where in 2006 I was sent to a neurology consult complaining of a 20 year old injury, which showed by MRI the injuries mentioned.

In reality it just got worse in 2006 and is confirmed by 2 MRI's and I sent them the written Neurology notes their VA consult gave me indicating extruding discs, protruding discs, degeneration, new fluid leakage, old fluid leakage, and pinched S1 and options for surgery/epidural injections/PT/Hydrocodone.

I have given them plenty of evidence and have now provided the hand written notes from their Neurologist for the DRO. Since no x-rays or other exams were done at the time of injury, what else can I do.

[cannoncocker]

Edited August 6, 2009 by cannoncocker

[pacmanx1]

VA is not saying you don't have back problems what they are saying is that there is nothing in your records that would link/relate your current condition to the in service condition. Prior to 2006 were you treated for back problems? After you ETS did you see a doctor for your back? This may be a battle if you did not get treated until 2006. When did you ETS?

Edited August 5, 2009 by pacmanx1

[Berta]

Yes-they need a proven nexus-

have you tried to obtain buddy statements as to what event or injury caused this to happen in service?

Or is there any way at this could be found as secondary to the 60% you get now?

What is the 60 % for-

[carlie]

I need to add they never did specify what evidence they possessed that indicated that the injury incurred while in service was not the orgin of the injury I have now. They flip from 1 of their neurologists saying my gait etc was fine and no problems(which he wrote out on a pad and handed it to me which I have now given the VA that I had all sorts of problems and gave me an option for surgery with s1 pinched nerve/protruded/extruded/leakage) So that would counter any other countering evidence he may provide. I cannot interpret x-rays but I can read MRI evaluations which indicate all the aforementioned problems. They flip from denying any problem to saying it just wasn't SC because I say so.

cannoncocker,

Can you scan and post the Evidence and Reasons and Bases Sections of

your rating decision ?

That's the meat and potato's of everything and the info you use to either

understand and agree with their rating decision or form your NOD.

Make sure not to post personal info such as SSA # etc...

carlie