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Which Way Is Up?


Firts Hi and Thanks for being here and giving whatever assistance I may get.

I am currently attempting to get my rating increased due to increased pain, decrease in work ability(pain and meds).

A quick over view of my trial (at least that is how it feels).

I applied for a re-eval Dec 2007. After receiving an appointment for exam, I got there 15 minutes late. ( I did call and explain construction and being in strange place was reason). Bottom line Doctor wouldn't see me even though I was in clinic when he called me, I was in check in line.

I resisted the desire to knock the old basxxxx on his axx, and went back to the check in. (This was at the Phoenix, AZ VA.) They were not much help, told to call Central Office which I did right then.(My error, not taking name of person...hasn't happened again)

A couple month later received denial letter due to misse appt., Took this to my VFW rep and we did paperwork for new appointment, which I did receive.

Went through this appointment in much pain and bent, turned etc as best I could. (2nd error, I went through the pain; I'm a grunt, we were trained to do so)

I have currently a 20% sc for chronic lumbosctal and 10% for cervical neck strain, final 10% for foot issue.(The foot is not an issue yet)

I received another denial for increase, I was able to bend to far, nothing in doctors write up said anything about me telling him movement felt as if a stick was being shoved up my axx.

I requested(rep did) and we had meeting with DRO. To me seemed like a total waste of time and was dead before it started. The gentelman kept stating that the pain, the leg pain, burning and tingling in my foot was not part of the problem, that they would have to be added. My rep asked if another exam could be done, that was blown off.

This was February 2010. So now I wait......nothing from DRO or anyone.

I sent email by way of VBS website and respone was:


You have reached the Board of Veterans' Appeal web site in Washington D.C. Your file is located at the Phoenix Regional Office and your form 9 was received on 11/2/07. Your regional office is aware that you are requesting a Travel Board Hearing. For your convenience I have provided contact information for you.

No clue what that means other than wait some more.

I am looking for any assistance in what to present if/when this happens.

Prior decisions that may be applicable etc. It seems so many things are affected by my injuries and quality of life is in the toilet. Honestly I am feeling for the first time like giving up and hoping for the end.

I apologize for length of this and hope to find motivation to continue the fight and life; at whatever capacity I can.


Kevin S

US Army Infantry

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Welcome to Hadit.

Other's will chime in soon.


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Get a lawyer who does VA Claims. If you decide to go to the BVA you are going to need more help than some dumb VSO. Have you ever gotten your own private medical opinion for an increase. Depending on the VA to grant increases is putting all your eggs in their rotten basket.

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Welcome to Hadit

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This is another case of the old C and P exam fiasco which occurrs when a Veteran misses or is too late to take the exam.

I urge all Veterans to ensure they are at this exam even if they have to get there an hour early.

Dont give the VA a reason to screw with your claim and this is a definite reason. The will mess with it through the entire claim cycle now including the BVA who will only remand it back to the RO and then you may receive another c and p exam.

I hate to say it but this little deal may have just added a couple of years to your claim.


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"The gentelman kept stating that the pain, the leg pain, burning and tingling in my foot was not part of the problem, that they would have to be added."

Added? did you formally raise these issues as secondary issues to the SC ones you have now?

This will take medical rationale from a doctor to get the additional issues SCed.

Do you have copies of the last C & P results, your C file and your VA medical records?

Did they use a goinometer at the C & P?

Can you scan and post by attachment here (cover personal info) the decision as the reason and bases for denial?

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