Sc Via Relative Equipoise

[Vync]

This case is very interesting...

http://www4.va.gov/vetapp09/files3/0917855.txt

Quick overview

1992-2003 - Active duty

1999 - Treatment records show Vet was injured after a fall

2002 - VA exam, no muscle spasm or radiation, normal x-ray

2003 - Lower back pain SC denied

2005 - Low back strain caused by picking up heavy object previous day

2009 - VA exam, normal x-ray, diagnosed with history of low back pain without pathology.

Based on this record, the Board finds the evidence to be in

relative equipoise in showing that the Veteran developed

chronic low back pain while on active duty that as likely as

not is due recurrent low back strain.

However, neither examiner's findings serve to rule out the

existence of chronic recurrent low back pain due to a strain-

type injury as noted shortly after service.

By extending the benefit of the doubt to the Veteran, service

connection is warranted.

Let's review that again...

- Injured during service.

- Injured two years after ETS

- Normal X-rays

- No indication of an IMO or nexus letter

- SC granted

Basically, this Veteran complained about pain and was granted SC "without any clinical evidence to warrant and diagnosis of any acute or chronic disorder or residuals thereof."

My x-rays and MRI's were not normal and I have a stack of back treatment records, but I got denied (see my topic).

Berta mentioned that a good IMO might help grant SC via relative equipoise.

If I appealed on the grounds of relative equipoise, without an IMO, what are the odds of me being as lucky as this guy?

Am I misreading something in this ruling?

[sixthscents]

Yeah what John said....

[Vync]

VYNC

Do you expect doctors to work for free? If you have any kind of insurance it will pay something towards the IMO, usually. Just remember you need a copy of your C-File and your SMR's when you ask for the IMO doctor to look over your claim and do a report. He does not have to read it all, but you have to at least have the material, so he can say he "reviewed it". Now is not the time to be a penny pincher with an IMO. You don't need to spend $5000, but you need to spend the money to get a good IMO. You will be paid back the first year if your IMO puts you over the top.

If you depend on the VA to do your medical report it can go wrong for you, and it goes right into your record. You don't have control of what a VA doctor writes. Would you go to court with a lawyer who wanted to save money by not getting the best experts to help you? You are the lawyer, and the VA is your adversary.

No, I do not expect the doctors to work for free. I have decent insurance and am hoping it might cover some or all of an IMO, but need to call and talk with them about it. I visited a few docs who said they were either way to busy or were reluctant because they did not originally treat me. I found one doc who said they would do an IMO for around $1000, so I probably will go with them. Going to try to pull everything together first. If I have everything prepared (c-file, treatment records, reference cases, regulations to quote, exam worksheet, etc...) then they would see how serious I am about it. I hope to hand the doc a 'fill in the blank' set of paperwork, for the most part.