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cannoncocker

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The DAV rep seemed excellent, to my surprise, that he only had a few details to clear and we should be good since he had already talked to the VA DRO and he seemed IAW this forums advice. So it all looked good, had all in binders, had every SOC and C&P Exam point answered point by point. That equals zero when the rubber meets the road. they, the DRO and the Rep already have heir agenda so I can't sy I wasted my time on the prep work because they did use aboout 2 or 3 documents but the important points, at least to me such as the C&P Dr. couldn't even find an assessment on the ER documentation......

Their main point was the IME said my injury was 50% or more likely service related, which they were on board on, but they wanted the wording to tie my injury exactly to one injury resulting in me going to the ER, even though they did zip DX work....They found it easier for the VA to get on board with a single injury than 6.5 years of repetitive injury, as defined by the Federal Government (NIOSH).

So, they offered me an off the record with no swearing in and no recordings, giving me 30 days to go back and find a DR., any DR, chiropractor, CV doesn't matter here, and reword the statement IAW with exactly what they had the IME document.

What does anyone make of this scenario? I don't have a clue except to go back to the Dr. for the third time.

Edited by cannoncocker
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Test, you are absolutely correct in that they, meaning the VARO (DAV) and the DRO already have made up their minds made up and intentions cooridinated long before you walk in the door. Carlie, I don't get what good putting someyhing on the record would do? As in my case I had a Neurologist say my Left Radiculpathy was directly related to my 6.5 years of heavy repetitive lifting, which I backed up with the NIOSH Lifting Equation and copies of documentation of Civilian Army OSHA Training to give my evaluation credibility. The C&P Dr. noted there was no Assessment on my Emergency Room Notes and Follow up with zero diagnostic work done. So now of course they say they want a Medical Expert to tie the ER notes which noted Low Back Pain, but without any diagnostic work who is going to, or honestly could say they, my current back problems are connected to my back injury noted on those ER notes? The original Neurologist said that, and who could argue that. She did all she could by saying it was service related due to repetitive heavy lifting over years. The C&P Dr. said it all when who wrote there was no "assessment" on the ER notes so it makes you wonder, does the military medical corp have any professional obligation to do any diagnostic testing at all?

Question is, where to go from here? Request the DRO hearing anyway, since the DRO said he would keep it open for 30 days to respond. As far as keeping this open as along as it has, I have been on their schedule, not mine. The DAV guy did know my case work, I will give him that. Whether he had my interest is questionable.

Edited by cannoncocker
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Cannoncocker your worst problem is that you are dealing with 1801 Assembly street and more than likely the same guy at DAV that told me to drop my CAD and hypertension claim in 2007 and "start over" with a new claim for 10% for hypertension and then after that was approved then he would start a "new claim" for CAD related to hypertension BS I revoked the POA and a lawyer took the claim over bottom line is I won and Assembly street lost.....I don't think the people there bother to read most of the evidence

you have probably had the same doc at C&P at Dorn also ain't he a winner?

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Test Your input is appreciated! The thing is and where I have to pick it up from now is the C&P Doc noted no date on the ER and followup notes, there was no assessment, and no diagnostic testing so what legit Doc is foing to sign off on notes with nothing of any value on them connecting them to an injury 30 years ago. How can a Sgt. make them do diagnostic work? Like I said the Neurologist said my back problems, radiculpathy, was a result of my military service. How could she go further when even the C&P stated the notes had no value.

I guess I IRIS/fax the VA and my DAV rep, if that is in fact what he is doing, because they had their minds made up long before I hit the door. What is rich is some VA Claims guy came on here and said he loved to see an IME, which the CV of my IME is second to none, said it was service connected and tied it medically, yet her the DAV and VA do the underhanded thing.

I will keep coming!

Test, you mentioned a lawyer, when at what point can I hire a lawyer? I am ready to do that.

Edited by cannoncocker
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at any point after they deny the original claim as long as it was after July 2007 if you do hire a lawyer they are entitled to 20% of any back pay I was happy to have one especially when I won the claim the DAV SO on Assembly street and the AL SO, and the PVA SO, and VFW SO all told me I would NEVER win and I needed to start over and drop my appeal from July 2003 and file a new claim in May 2007 for a 10% rating for hypertension and after I won that to then file for CAD my lawyer got me a 2003 effective date and back pay for CAD and hypertension there are several excellent VA lawyers in Columbia they teach VA law at USC so hopefully there will be more in the future....

just don't give up and keep the appeal active

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I have to hand it to you, going against the grain and all. My claim was not submitted until April 2008 and this one portion which has never been claimed was not denied until about July 2009. So that should not interfer with hiring a lawyer. I see a trip to Columbia in my future. Anyway they still have not denied this claim but through my lack of experience I let the DAV Rep slam dunk me with no formal hearing, which for the record in my opinion is a bad move. You need to look them in the face , recorders running and nhave them tell you a Practicing Spinal Neurologist saying my back injury was service connected, but they want a Chiropractor....to say my ER and follow up notes was the direct cause. The C&P Contracter noted the ER and folllow up stated no dates and no assessment/radiology so how would any qualified reasonable doctor going to why of course that was the orgin. Heck they did palpations like it was a hernia or appendicitis. Maybe I should submit a claim for those? How can I be held accountable for their malpractice. Hilarious when you stand back, but like you I will keep coming.

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This is for anyone that is or may be going to a DRO personal conference, it is only my experience so that is all it is, not gospel just how I experienced it so far.

Having done a dust up which I really would prefer not to do but the only way to get movement I will be be getting put back on the docket to be heard. The reasoning for that to me is they gave me a zero win situation after the DAV guy in W-S Steve had told me he had it all worked out just keep it off the books and everything would be fine. Well as it turns out the under the table deal he had done with the DRO involved connecting 2 30 year old documents (ER and Follow up notes) which had no dates, no assessment, and zero radiology, to my current back problems. My IME, the VA C&P Doctor saw no Assessment no dates, nor radiolgy but I did have a statement of support from the person that drove me to the ER since I was in no condition to drive. I was a buck sgt. so what possible influence did I have over the diagnostics they pursued or any other part of my treatment? They just noted Loww Back Pain, take some motrin and leave the same way you got here.

So what legitamte Doctor would sign off saying that these 2 documents were the orgin of my current back problems. My IME who is a practicing Spinal Neurologist wrote my current back problems are a result of my military Service but cannot tell or opine from those 2 documents since the Army Medical Corp did no diagnostic or radiology. Now I wonder if they realized how this would restrict the use of these documents?

Anyway I figure this gives me an opportunity to question them face to face re: under the table deals implying their minds were made before I gave any testimony and how I could possibly be held accountable for the Armies lack of medical professionalism or at least intentional cover up of a service induced injury.

Question is should I get the lawyer now or after the DRO? Any input.

Edited by cannoncocker
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