Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
bballr4567

Filing An Appeal But Have Some Questions

Question

http://i33.photobucket.com/albums/d81/bbal...aims/img006.jpg

http://i33.photobucket.com/albums/d81/bbal...aims/img007.jpg

http://i33.photobucket.com/albums/d81/bbal...aims/img008.jpg

This was a BDD claim that took almost 120 days. I ETS'd 29 May 09 and had all my exams and paperwork turned in 12 Mar 09.

Please ignore the left knee. This isnt a problem anymore but was included in my claim as it was a problem during active duty.

My problem is my lumbar spine and right knee.

Start with the knee. The part that worries me is that the VA predischarge doctor flat out lied. I have pain throughout my whole ROM. I get random swelling at least 2 weeks out of the month. I have weakness when climbing stairs and have to use a hand rail. Also, my Xray results were NOT normal. As long as 3 years ago Ive been getting abnormal results with edema and bony abnormalities. Recently, two weeks ago, I finally received a CT scan of my knee and it confirmed that I have arthritis consistent with a 55-60 y/o.

This is all documented through out my active duty time going all the way back to when the first injury occurred in basic.

My back is the worst though. Again, the predischarge doctor lied about the no pain, no spasms, no tenderness and so on. I certainly have all 3 of those and more as it has been documented since the original injury happened in 2006. Xray reports were NOT normal showing lumbarization of L5-S1 after I redeployed from Iraq. I have since had an MRI that showed a circumfrential bulging disc (not the minimal bulging that the VA said in the letter, I have NO IDEA where they got that) at L5. This has caused intense pain day to day and severe stiffness at night and morning. I also get random right leg spasms throughout the day. It also makes it difficult to sit down or stand for too long. Im constantly having to move to stay "comfortable". As it says, I have nerve problems on my right leg as a result. It started out small and has grown in severity and size over the past 3 years. The EMG technician reported that I do have nerve damage but the EMG is the wrong test for me as it only test if the nerve is there and intact. My problem is at my lumbar which is difficult to test.

Im planning on appealing this as its completely wrong. Im barely active (I walk with my wife) and this injury has basically limited my standards of living a lot. My worry is about the predischarge doctor and the fact that HE lied on his reports. There are YEARS of other medical sources claiming the exact opposite of this one doctor. Will this mess me up on the appeal?

Also, what exactly should I appeal on? Should I do my nerve issue as a primary condition rather than being secondary to the lumbar?

Sorry for the long post but Im at a loss here and how the VA came up with this decision. Thanks in advance for all the help!

Josh

Share this post


Link to post
Share on other sites

Recommended Posts

Well, seeing how its been 6 months I should update this.

Im undergoing surgery for my right knee. I had an MRI done in Jan 2010 that showed I had medial plica syndrome and possible lateral syndrome. I have arthroscopic knee surgery on the 21 May to correct this issue. My ortho doc stated that had an MRI been done after the last complaint that the issue would of been seen and addressed with physical therapy and most likely gone away. However, seeing how it had not been addressed correctly that surgical intervention is needed due to the extent of damage.

I have an appt on May 21st with my ortho to address my back. Having ETS'd the VA wanted to do the whole range of exams AGAIN so Im finally getting back to an ortho. I have to get him to write a NEXUS letter due to the VA finding my back condition NOT chronic due to no diagnosis. I will push my ortho to actually diagnose my back and to have him state that it is 100% service connected.

Is there anything else that I need to do? This is very exhausting to fight the VA.

Also, is there a place where I can find a VSO to help me with my claim?

Thanks in advance,

Josh

Share this post


Link to post
Share on other sites

Ad

If the ortho is going to write an IMO =he/she needs to follow the IMO criteria in the forum here .

"I will push my ortho to actually diagnose my back and to have him state that it is 100% service connected." Good luck on that- any doctor can only rely on medical rationale that is based on documented fact.

You did indicate your SMRs will support the claim- the ortho doc will need to review them and then he can make a strong nexus opinion.

He will need to make a statement on chronicity too- and make sure the VA has all treatment and medications records as they can prove chronicity.

Your state probably has a Veterans service division or county veterans agency- the VA web site also lists all the VSO orgs which havce vet reps.

"Should I do my nerve issue as a primary condition rather than being secondary to the lumbar? "

What is the diagnosis of the nerve issue?

It could possibly be claimed as both primary and secondary-hard to say here- if they award for it they will choose only one way to award.

It depends on the diagnosis and if there is a secondary link to a primary SCD condition.

Share this post


Link to post
Share on other sites

I will be printing out the example and bringing it up to him.

I had no back issues when entering the service and have ALL documentation going back to the originl injury while in service. The issue is that VA said that because it was no diagnosed as a chronic issue that it is not service connected.

Is there a form I can give him so he can follow the example for the chronicity of my back issue? Its a EVERY day issue that never goes away. It bothers me 100% of time

Share this post


Link to post
Share on other sites

The main thing is to get the back service connected. You can work on the percentage in time. If you get even 10% that opens the door to many other potential secondary claims. Depression and chronic pain disorder for instance. Work on service connection first and then worry about percentage and potential retro next. Service connection is the lever that you can use to pry open all doors at the VA. I started at 10% 40 years ago and now I am TDIU for the last 9 years. It all started with a 10% rating which I am working on right now to have a retro increase.

Share this post


Link to post
Share on other sites

Figured I would update this again.

Ive since had knee surgery and it was successful. Recovery is coming along but its only been 3 weeks. I talked to a OIF/OEF social worker today while at the VA clinic and she informed me of temporary disability rating increase for my knee. I had no clue that existed and it would be great to get it. I talked to my Drs. nurse and she said that he has wrote letters in favor of that seeing how I wont be able to work for 3 months.

Second, Ive finally been diagnosed with my back. He said I had a form of spina bifida and was pretty angry that it was not picked up earlier during medical testing while in active service AND while going through the VA medical system. He told me that the injury to my back while in service aggravated the scar tissue my body had formed around the areas where my vertebra had not formed correctly and was sure that the injury was tied to my service. I asked him to write a NEXUS letter and he declined at this time due to the overwhelming medical evidence and informed me that his medical diagnosis will say that although it was a congenital defect that due to it not effecting my daily life until the injury it will not be a problem to get it service connected.

I have made an appt with a VSO in my city and will be putting my appeals through him. Hopefully, I get what I rightfully deserve rather than this 0% and non-service connected BS.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines