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lumbosacral Claim Denial By False Logic
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Question
monochaser
Have nexus, evidence, and living with pain, yet a claim for an increase from 0% was denied with lightning speed. I don't know what to do next. Am willing to shell out $$ for a civilian ortho MD if it will help, but I don't have health insurance, so I must know what kind of evidence and info I'm looking for before I go.
Long story short- SC 0% upon discharge for Lumbosacral Strain. Back pain has progressively gotten worse in last 10 years until 2003. 5 consecutive months of (intermittent) incapacitating back problems in that year, VA performed MRI and diagnosed a herniated disk. With this I applied for an increase, and with murphy's law in full force, my back pain was in remission when C&P time came around. But I had my evidence. Surely the good doc would see that. Well, the examiner was an openly hostile retired "rent-a-doc" who insulted my profession. Not a Good day.
He gave his opinion that Lumbosacral strains are not causitive of a Herniated Disk (no kidding), and any pain I was experiencing was from the disk condition, not the service connected back strain. Claim Denied.
What this einstein did not adress is, when did the disk condition occur? It could've happened in the military and been the cause of the back problems since then. They never CT'd or MRI'd back then. The denial knocked the wind out of me and the year passed by- but I want to re-open a new claim as I'm living with pain on an almost daily basis. Unfortunately all the VSO's are concentrated over a hundred miles away and are so backlogged with cases it is difficult to get some face time with them.
The most frustrating aspect of this is contained in the first sentence of this post. I provided the VA with everything we have been told is required, but they played games with the cause-result factor- but for this I think it is possible to argue against their position due to their lack of scientific evidence. How can they can get away with these weak excuses for denial. Every time I limp from one room of my house to another in agony, I curse the flippant, direspectful attitude of that overpaid c&p MD.
Since nexus is established, I am frustrated with having to go bust a hump and collect evidence- any suggestions for what I should include in my next claim for an increase? And what do you think about using one of those state employed VSO's? They are only 50 miles away- still pretty far. Thanks for any light you can shed on these circumstances.
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