Claim Denied

[smilen66]

I am empty, hurt, angry ... speechless! I did request my C-F this morning. Attached are reasons for decision.

[smilen66]

I feel you should copy the "Getting an Independent Medical Opinion" topic here and have your private doctor thoroughly associate the SMR notations to your present claimed disability,

The disability also has to have continuity of symptoms.The doc will need all available treatment and clinical records.

The VA will not connect the dots on claims like this-

Do you have a copy of the C & P exam results?

The C & P could help the IMO doctor to fully assess the condition and it's nexus to your service.

If this was result of an accident or injury, do you have proof of that?

1. Okay, I will take copy and take the "Getting an Independent Medical Opinion" to private Doctor as you suggested as soon as possible.

2. I sent for Claims Folder today. Are the C&P results in it or is it in a separate location?

3. While in AIT (on the way to Bivouac site) I fell off a 2.5 ton truck when trying to board it. I was in full Bivouac gear (duffel bag and weapon).I fell leaning more to the right than backward landing on my right side.

[smilen66]

Did I die? If so, I hope I'm in heaven. Good night.

[Berta]

The C & P results can be obtained from the VAMC where they did the C & P-just write them a letter for this.

The fall of the deuce 1/2-if this is cause of your problems, VA will need to confirm this inservice event.Do you have this documented-did you get immediate med attention? if not can you get buddy statements to show this occurred?

[smilen66]

Good Morning Berta,

1. Yes, the fall from the deuce 1/2 is the cause of my problem.

2. Yes, I did get immediate medical help 3 days later. I was taken by ambulance to the emergency room. . However, my records say the accident occurred 3 weeks ago and it should have read 3 days ago.

3. This is the exact wording of what my medical record states:

• Dec. 3, 1980- "Injury 3 weeks ago with persistent pain." "Right Thoracic Pain"
  
  
  • Dec. 5, 1980- "24 yo female amb. to er with c/o right thoracic pain-lumbar back pain x1 day. Injured 3 weeks ago-on bivouac"
    

  Thank you for your time!

[carlie]

Good Morning Berta,

1. Yes, the fall from the deuce 1/2 is the cause of my problem.

2. Yes, I did get immediate medical help 3 days later. I was taken by ambulance to the emergency room. . However, my records say the accident occurred 3 weeks ago and it should have read 3 days ago.

3. This is the exact wording of what my medical record states:

• Dec. 3, 1980- "Injury 3 weeks ago with persistent pain." "Right Thoracic Pain"
  
  

  • Dec. 5, 1980- "24 yo female amb. to er with c/o right thoracic pain-lumbar back pain x1 day. Injured 3 weeks ago-on bivouac"
    

  Thank you for your time!

  smilen,

  I am trying to see this in the way the decision maker will look at it.

  1) Was any diagnosis ever made on active duty ?

  2) Do you have any medical evidence that shows continuity of care

  or continued complaints, from 1980 to present ?

  They may see this as a single event that took place (without continuity of care)

  leaving no residual effect.

  If this is the case I feel you will have to have an IMO that states they have reviewed

  your SMR's that show XXX and your condition now of XXX is at least as likely as not

  the result of the injury on active duty.

  Maybe other's will chime in to add more or make correction's to this.

  carlie

[Pete53]

3 days or 3 weeks being taken by ambulance for treatment should verify your claim

Good Luck