Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Filing An Appeal But Have Some Questions

Rate this question


bballr4567

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

Link to comment
Share on other sites

  • Answers 30
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

The problem with the Spina Bifida is that it has always been there and even suggested at in a few of my early xray's even while I was in the service. However, not a single doctor actually diagnosed it until I saw a very smart ortho doc in the VA system. The problem with it is just as you said, its a congenital condition. The issue I have is that Ive never been diagnosed until I was 27 due to aggravating injuries in the Army.

The lumbar spine strain is what the VA called it when they turned down the service connection at first. Now, they are giving it service connection (with no new service medical records FYI) and rating it at 10%. Ive had 3 MRIs and all of them have noted facet arthritis. Then, after the facet blocks, my right leg nerve (the numb spot that the VA themselves said should not be caused by a strain) is coming back to life. Im on meds (not pain meds though) to control the extreme pain in the nerve ending right now and for the next 3 months in the very least.

As for the reconsideration, Im not sure on. I can still send in the paperwork on that while waiting for the BVA hearing?

Link to comment
Share on other sites

"I can still send in the paperwork on that while waiting for the BVA hearing?"

That type of request should have been made long ago-

"I have no idea why they did not use the surgical reports for their decision on my 0% for the knee. It is one of the things we noted on Form 9 to support a 20% rating for my knee."

Good =when it gets to the BVA-they will consider this .

I assume you are not within any response time frame to the last SOC you got.?

If you are within that timeframe, then you could still submit this evidence at the RO level.

What was the date of the last SOC or SSOC you received?

Link to comment
Share on other sites

The last SOC was 23 Feb 2011. Not too long ago.

And on the reconsideration, that was sent in long ago. This latest was from the NOD seeking a reconsideration of the 0% knee rating to a 10%. VA denied it, hence the BVA hearing.

Sorry for the misunderstanding there.

Link to comment
Share on other sites

All claimants reading this.

Be sure you always advise the VBA of new medical evidence.

If they aren't put on notice that it is there - they probably won't

go looking for it.

JMHO

Link to comment
Share on other sites

Carlie is so RIGHT!!!!

"The last SOC was 23 Feb 2011. Not too long ago. "

Gee I need to check VA 101=I forget-

is it 60 days they gave you for a response or 30 days?

I would get copies of these surgical reports to them right away if you still have response time left.

Put Attention to and the initials that appear in the RE: with the VA numerics on the envelope under Dept of VA etc and on any cover letter or 21-4138 you send in with this evidence.

Your VSO might have their fax number but I dont trust the VA fax system unless you can use the same fax number that I assume your VSO uses.

Link to comment
Share on other sites

Like I said, it was weird that they used an MRI from the 6th of Feb, 2011 but didnt use surgery reports from May 2010. They seriously had to just skip it.

Berta, they give you 60 days. Ive got to wait on Marion, IL to get my medical records which could take a week or so but they will be sent USPS Priority Mail with signature confirmation. Ive already learned my lesson on that. ;)

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use