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!
  • 0
jeffowens1957

Weight Of Exit Physicals

Question

I have been fighting back and forth with the VA over a lower lumbar strain I got in the Army. I was given pain meds, hot packs and a week of bed rest profile. I went to the c&p physical. In the first deny letter it stated that in 1975 I had a Lower Lumbar Strain, I was only injured one time, did not receive any other treatment, and there wasn't any notation of a back injury on the exit physical (was in med records) and that they were denying because I did not have a clinical diagnoses.

I appealed sending all the private med records that showed chronic back problems from the time I left the military till now, in the second deny letter they stated that in 1975 I had a Lower Lumbar Strain, I was only injured one time, did not receive any other treatment, and there wasn't any notation of a back injury on the exit physical (was in med records) and that they were denying because the c&p examiner felt less likely than not caused by service. (He never saw the private med records as I had sent them with the appeal. If I appeal, it goes to the Board.

Question 1. How much weight does the exit physical I had in 1976 carry?

Question 2. If the examiner never saw the private records, shouldn't they rescheadle an exam?

Question 3. What is my next step as far as a another appeal?

Thanks for any help. Jeff

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

Ad

!!!==> BUMP <==!!!

Like many others here, I'm in a very similar situation as you.

If you submitted your private treatment records, they may have reviewed them in private, when you are not around.

Here's my recommendation:

- Get a copy of the C&P examination results (all of them).

- On the C&P notes, they should indicate whether or not they have reviewed your private treatment records. See what it says. If it does not indicate that the doc reviewed your private treatment records, you might want to consider requesting a reconsideration or a DRO review.

- Talk with your current doctor and ask if they can provide you with a nexus/IMO letter saying your current back problems are 'as least as likely as not' related to the injuries you incurred during military service. They will also need to provide some medical rationale. Look elsewhere on this site to get examples. If your doc will not do it, you might need to locate and/or pay another doc to write your IMO (which may not be guaranteed).

- Don't let your claim/appeal lapse. There are time limits which could impact any retro you might get.

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

    • 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. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines