Researching Passed Claims

[Tomahawk]

Can anyone give me some tips on how to search former VA claims for secondary conditions?

[Tomahawk]

Thank you very much for the replies. I typed up statements in support of claim that included links to the government drug website that lists known side effects for all the drugs they have given me, and stated how I felt it applied to me. I also listed quite a few links I was able to dig up that showed exactly the opposite of what the doctor wrote in my C&P exam including a grant for secondary to service connection that specifically states "Competent medical evidence reasonably establishes that the Veteran's GERD is caused by NSAIDs prescribed for treatment of the Veteran's service connected left knee disability.

On top of that Im hoping the 10 or so findings that grant service connection for back issues related to mine that were granted also help sway the doctors statement that saying mine is related would be "pure speculation" As I found links to over a thousand I only went thru 12 and found that 10 were granted based on similar evidence that I have submitted.

My biggest concern is that II am unable to afford an IMO and that is really gonna screw me in the end. but for them to say my issues arent related when there is nothing else that could have caused it is imo ridiculous. From the research I have done there is no way you get degenerative disk disease, and two herniated disks with focal annular tears from age when I am only 33., and that walking with a limp and a cane for 10 years due to a service connected injury doesnt effect it.

Anyhow I feel a lot better after doing this research. Thank you all for the help very much

[Tomahawk]

Is it actually worth printing out all the cases in that are similar to mine and submit them as evidence, or would citing the url I found them at along with the relevant info in them be enough? As it stands the 12 Ive found so far that are very similar to my situation takes up 89 pages at 11 point font. I dont want to print/submit them if it isnt going to be of much help

[carlie]

Is it actually worth printing out all the cases in that are similar to mine and submit them as evidence, or would citing the url I found them at along with the relevant info in them be enough? As it stands the 12 Ive found so far that are very similar to my situation takes up 89 pages at 11 point font. I dont want to print/submit them if it isnt going to be of much help

Tom,

Not to be a nay - sayer BUT - it is totally irrelevant how many cases you submit that are very, very similar to yours - - -

THEY ARE NOT SPECIFIC TO YOU.

All you are going to wind up doing if you submit all of this internet print outs and url links is clog the hell out of your claim,

waste valuable time and alot of paper and ink.

Decrease your expenses - eat Ramen noodles and peanut butter sandwiches if you must - but get the cash for an IMO.

Without a great IMO and/or a doctor rebutting with full medical rationale - specific to you - - - what your C&P examiner stated

which is a complete death sentence to your claim.

"The C&P doctor states in his report "It is less likely than not that the veteran's use of nsaids from 1998 until present caused his esophogitus and GERDs." Then goes on to say "The veteran has other factors which would contribute to the severity of his conditions such as his weight gain of 70-80 pounds since being released from active duty."

The ONLY way to over come this is with the proper medical evidence, legal mumble jumbo will NOT cut it.

[pacmanx1]

You can always try to get a medical opinion from the VA. If you can get your primary care provider to refer you to the GI clinic and have them write something in your medical records and hopefully this will help. Not many VA doctors will write you a statement but they may put something in your treatment records that states that your stomach condition is caused by or made worst by your medication.

[Tomahawk]

Well considering I already eat poorly based on the fact that I cannot work due to my disability skimping on money from food is not an option. I live off of the disability I now get, and spend my time bouncing between friends and families houses as I cannot afford to get a place of my own. As for getting the VA doctor's to write a nexus it's impossible. I've already asked my PCP, GI Doc, Pain Mgt Doc, and Podiatrist to put in writing what they have all told me in person which was that these things are all likely major factors in my other issues. For whatever reason they wont write it.

However I don't see how other cases would not affect my claim. All I need to show is that m condition was caused by my service connection issue, or worsened by it. I have IN my medical records from service symptoms of the issues. I have documented since I got out of service within the 1 year time frame documented symptoms of my issues. I don't understand how an 8 minute exam from a doctor who asked me next to no questions, and barely did any actually examining of me other than to verify there was actual medical issues can simple make a statement that kills mu claim when in any rational human beings mind there is a preponderance of evidence supporting my claim. And while I wouldn't argue the doctor's point that my added weight does aggravate the issues as well, I did not have the added 70-80 lbs when I had the onset of the conditions. So how is it even possible to state that is the cause. It is ridiculous.

As for legal mumbo jumbo not cutting. It's all I have to work with right now. And most of the case files I read always cite court cases, and other cases as to the boards decisions on things. So all I can do is submit the research for them and hope for the best. That or just give up and move on.

[carlie]

Well considering I already eat poorly based on the fact that I cannot work due to my disability skimping on money from food is not an option. I live off of the disability I now get, and spend my time bouncing between friends and families houses as I cannot afford to get a place of my own.

Have you ever checked out availability of some temporary housing at the VAMC Dom and the homeless veterans programs ?

As for getting the VA doctor's to write a nexus it's impossible. I've already asked my PCP, GI Doc, Pain Mgt Doc, and Podiatrist to put in writing what they have all told me in person which was that these things are all likely major factors in my other issues. For whatever reason they wont write it.

Telling a vet something to their face and actually putting it in writing - yes - two different things.

However I don't see how other cases would not affect my claim.

You can research other cases to learn what your claim is weak on and what medical evidence could help

strengthen your claim - but these claims and evidence are not SPECIFIC to you and they do not set precedence.

All I need to show is that m condition was caused by my service connection issue, or worsened by it.

NO - NO - NO, that is what a doctor needs to show and support with full medical rationale.

I have IN my medical records from service symptoms of the issues. I have documented since I got out of service within the 1 year time frame documented symptoms of my issues.

Symptoms are just that, symptoms - symptoms are not a diagnosis with a nexus as secondary to XXX.

I don't understand how an 8 minute exam from a doctor who asked me next to no questions, and barely did any actually examining of me other than to verify there was actual medical issues can simple make a statement that kills mu claim when in any rational human beings mind there is a preponderance of evidence supporting my claim. And while I wouldn't argue the doctor's point that my added weight does aggravate the issues as well, I did not have the added 70-80 lbs when I had the onset of the conditions. So how is it even possible to state that is the cause. It is ridiculous.

For this issue the doctor does not need to ask you much of anything because whatever your answers are - is only the patients

stated history.

The doctor is supposed to go with the medical evidence of record to be able to provide and show medical rational to support a nexus.

VA disability claims only deal with the Medical Evidence of Record,38 CFR Regulations and 38 USC Laws, not rationale human beings.

Again - your claim can ONLY HOPE to succeed by having Medical Evidence that completely rebuts that C&P examination.

As for legal mumbo jumbo not cutting. It's all I have to work with right now. And most of the case files I read always cite court cases, and other cases as to the boards decisions on things. So all I can do is submit the research for them and hope for the best. That or just give up and move on.

Without a doctor fully rebutting that C&P with medical evidence and supported by full medical rationale -

citing non-precedent Court Cases and BVA decisions that are similar to yours will get you nowhere.

Mere speculation is always a fast road to a denial.

Don't give up - get your medical evidence.