Nexus Letters For Numerous Back Problems

[pelicanbrave]

I don't even know where to begin writing and I know this is boring but I need help. I have had lower and upper back problems while I was in the service but I am not service connected for my back. I filed a claim earlier this year after having spinal fusion at c-6/C-7. I was diagnosed with chronic lower back pain through the VA in 07 or 08. I am hurting all over my back. I got out in 2000 with service connections of 20% for my left knee and 10% for hypertention. I have been seen over 25 times for my back since I got out in 2000. I was seen within a year of getting out of service and I found where I went to the clinic twice while I was in the service for lower back pain. After I had spinal fusion my neurosurgeon looked at alot of my medical records from the military and local hospitals and wrote me a letter stating the had reviewed many military treatment records and local hospital records and it is QUITE POSSIBLE that my back problems were caused or aggrivated from my military service. I asked if he would write it in VA format and say it was as least likely as not and he said that he had written many letters to the VA and this would be good enough. I'm so depressed from my back hurting all the time and taking methadone everyday. I sent in the letter and asked for a reconsideration since I was denied earlier in the year. I didn't have proof that it happened in service or evidence of a continuation of treatment after service but I did find additional records where I was seen 10 months after I got out for lower and upper back problems plus new evidence of treatment in service so I hope that the new evidence plus the so called nexus letter from my neurosurgeon will put me over the top. I work for a city government as a painter and I am really having a hard time doing my job everyday. It's a great job that most people would love to have especially in this economy but I just don't know how much longer I can take it. Please give me your opinions as to what I should do. Do I need a lawyer or should I just sit back wnd see if this claim gets approved or denied? I need some good advice. The weakness and depression are taking a great toll on me. Any advice or help will be appreciated! Thanks.

[Berta]

QUITE POSSIBLE might not do it.If he did many vet IMOs for VA claims he would know that.

Did he give a full medical rationale for his statement? If so that might help.

Did his credentials equal or be better then the C & P doctor?

Did he refer to the actual C & P exam?

Did he consider in the opinion that maybe your SC knee aggravated the back condition?

Hopefully the new evidence you submitted will help your claim.Anything documented in the SMRs will help.

Would this IMO doc be willing to amend his IMO to conform to the IMO format here at hadit if they consider his opinion but deny the claim?

to amend as to the wording VA wants to see? "at least as likely as not,or more then likely"?

[Berta]

If your NOD was filed on or after June 20, 2007 you can hire a lawyer to represent you.

[pelicanbrave]

I told the Dr. that I would even re-write the letter and he said no. My vet rep said that the letter looked good and with all of the additional evidence from the service and a continuation within the first year after leaving the service that it looked like a no brainer to him but I'll believe it when I see it! I even went to another Dr. and asked him if he would review my records and was up front and honest and he gave me some story about a patient that had came in to his office and asked for the same thing and later he found out that that person was arrested for fraud and I told him I wasn't worried about that because I had a valid claim and if he would look at my records he would see that I wasn't trying to cheat the system! I am not a whining and complaining fraud and all I want is someone to take the time to look at my medical history and they would see that. I told him that I was willing to pay for his opinion and he kept on with the story. It sucks!

[pelicanbrave]

After reading and posting on this forum I knew exactly what the nexus letter needed to say. I agree, he should have known the format if he had written letters in the past. He is a very good neurosurgeon and was highly recommended other than that I have no idea what his standing in the medical community is. I haven't had a C&P for my back. I have only had C&P exams for increases in my already service connected disabilities which are left knee and hypertention. He would not ammend his letter but the VET REP said the letter would work. The waiting really sucks but if I am denied I will try to connect secondary to 3 knee surgeries! Thanks for responding.

[Berta]

I would go with your rep's belief that this is good enough.

He or she is more familiar with your claim.

'but I did find additional records" THAT IS great !

I agree that this all sucks!

I have spent plenty on IMOs myself. But I would be no where without them.

When I see how many many vets succeed with IMOs it goes to show these VA paid C & P docs don't have a clue and certainly do not assess the evidence throughly.

[pelicanbrave]

Thanks Berta!

I really don't mind paying for an IMO, after all, I am taking up the doctor's time, and time is money. I just wish each city had a list of doctors that wrote IMO's without having to go through the whole process until you finally found someone! Thanks again for your opinion!