lumbosacral Changing My Classification From Lumbosacral Strain To Ivds

[mikep23661]

I was told that I should file a claim changing my classification from Lumbosacral strain to IVDS by one of the poster on the site. My questions are how should I go about doing that and will that hurt my "secondary issues" associated with lumbosacral strain? Thanks to all who help out.

[Vync]

In my case, they said my lumbar problems were not related to service. Planning on getting the golden IMO/nexus letter to resolve that!

[mikep23661]

In my case, they said my lumbar problems were not related to service. Planning on getting the golden IMO/nexus letter to resolve that!

This IMO/nexus letter that you speak of, could you give me more details on what that is and the importance.

[cowgirl]

IMO defined 'Individual Medical Opinon' and to be helpful, it needs to help clarify that you incurred the 'condition' while in service. The IMO could also support diagnosis for 'aggravated condition' of a Service Connected (SC) issue the VA already recognizes. For example, my knee problem causes my other knee to 'overwork' and a condition ensues because of this - I think its a aggravated condition, but would need to prove it with a diagnosis relating it to service or a currently service connected (SC) condition.

For specifics, best to read up the regulations and rating worksheets VA examiners use. http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

Hope this helps a bit,

Cowgirl'up!

[mikep23661]

IMO defined 'Individual Medical Opinon' and to be helpful, it needs to help clarify that you incurred the 'condition' while in service. The IMO could also support diagnosis for 'aggravated condition' of a Service Connected (SC) issue the VA already recognizes. For example, my knee problem causes my other knee to 'overwork' and a condition ensues because of this - I think its a aggravated condition, but would need to prove it with a diagnosis relating it to service or a currently service connected (SC) condition.

For specifics, best to read up the regulations and rating worksheets VA examiners use. http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

Hope this helps a bit,

Cowgirl'up!

Thanks again. Feels like I have more ammo to use now. One last question regarding QTC examinations. Do you think it is the purpose of the examiners at the QTC to "not" give us the benefit of doubt? I feel that every time that I have went to an exam, I was shafted somehow. Also, should I use the Va doctors or is it best to stay with my Primary care physician in you opinion?

[Berta]

The IMO criteria is here under the IMO forum.

I based it as to the way my IMO doctor ( a former VA doc) wrote his IMOs for me.

Unfortunately IMos are often the only way to combat a negative C & P exam.

Then again if the C & P doc overlooked critical medical evidence you can combat that with a response to the SOC.Some C & P results are so poorly done that common sense can be used in the response too.

A C & P doc once made a statement for my older claim that was very shocking and totally inaccurate based on the medical evidence.I actually called him up and gave him hell.

I did win that claim.

Years later I called him again- he remembered me and pulled out the actual C & P results he had written. Like a dope I accepted what the VA said he said in the old SOC .But the RO left out the end if his statement-he read it to me and then sent it to me.It did put a different take on his opinion.

He agreed with my current claim but said he couldnt do any IMO for it because I knocked down two of his IMOs already. I apologised for the past negative phone call but he knew I had succeeded in the claim and the RO had withheld a piece of critical evidence from him when he wrote the first negative opinion.

I found out how low the VA will go on some of their manipulations in SOCs of these C & Ps so best to get copy of the actual one they wrote up.

-

Unless you have a chronic presumptive condition manifested ion one year after discharge at 10% or more, or any AO p[resumptive-most claims will need proof of an inservice nexus (link) to the current disability.

A good IMO will highlight whatever the SMRs and discharge certificate reveals as to that link to establish the neXus.

PTSD claims need proof of stressor -conceded by VA but only with CIB, CAR, or PH on the DD 214.

Other PTSD claims need the proof the stressor occurred. No word yet on the new PTSD proposed regs that could dpwngrade or eliminate this stressor requirement for OIE OEF vets with combat MOS.

If you nexus involves toxins, sarin, VX , mustard gas, AO exposures outside of Vietnam or Korean DMZ regs-

and IMO can only opine this is a possibly (at least as likely or not) or probable (more than likely )etiology for your disability.

Stil lin most of those types of claims exposure still must be proven.

Claims for secondarys or aggravation depend on the initial disability that caused this as being SCed before these types of claims can kick in.

[cowgirl]

Berta said it and more - the IMO section here at Hadit. I defer to Bertas' well stated post - with her I have stayed the course and got my hard earned benefits!

I believe QTC examiners shouldn't give veterans a un-fair examination for a health condition. Don't know how a doc could go with benefit of the doubt, thats a raters or appeal term, I think. I view 'contracted doctors' in the same vein as a WORKMANS compensation doctor. No one wants to sell out the company they are being paid by, if you get my drift. I have personally had good, questionable and awful VA contractor examinations.

Any good comp examination I got seemed like several weeks or months of exhausting work. I got familiar with my condition, familiar with the specific rating worksheet, veteran paperwork time limits, CFR 38-1, m21-1, VBM extracts, medical terminology for the condition, all this I learned from Hadit. I came to Hadit after much stress, wrong approach,wrong vso, etc.

Use of the VA doctor medical for care is a personal decision, word of mouth counts at your VA facility is. I recieve fairly good and some very good care at the VA. The diagnosis's and care I recieve from the VA are mostly professional and if not, mostly tolerable. Honest, I've had to work to get solid diagnosis's from the VA doctors and my primary care physician. Only got that after studying my condition. After my appointments and / or compensation exam, I usually get a copy of visit, getting ready for the next thing.

Its been hard work, extracting new meanings from the exam that sounded good and realize in VA rating lingo it was 'not good.' After finding the VA rating worksheets and Hadit family help, the diagnosis's started to make sense (or not!). I also used a VSO, again word of mouth guided me there.

Wish ya the best and what's due you,

Cowgirl'up!

Thanks again. Feels like I have more ammo to use now. One last question regarding QTC examinations. Do you think it is the purpose of the examiners at the QTC to "not" give us the benefit of doubt? I feel that every time that I have went to an exam, I was shafted somehow. Also, should I use the Va doctors or is it best to stay with my Primary care physician in you opinion?

Edited January 21, 2010 by cowgirl