In The Midst Of An Appeal

[Ryguy]

Hi, I current get 40 percent for lumbarsacral strain, I have bad spasms and most of the time can't function my back pain is so intense. I was denied upper back and neck pain service connection because it wasn't actually noted in the medical records on file. I filed an appeal over a year ago, MY VFW representative told me it's like a 2 year process before there is a decision on my case. I have since gotten my current doctor to write me a NEXUS letter stating that I had no issues with my upper back and he feels that my upper back and neck issues are subsequent from the accident, and he recommends me to appeal the decision which was denied (all of this is on the letter he wrote. When I was on active duty the doctor just told me to take ibuprofen and I would be ok, but the neck and upper back wasn't mentioned.. I've sent this to the DRO, and to my VFW Rep. She said she thinks its good evidence, (The Nexus Letter) When I call the 1-800 number to check the status of my claim the rep. said she can see where "HE" is still working on it, but no decision has been made on it. Then I call other times and they just say, ohhh well its just depending on where you are in the stack. This case was originally opened April of 2006. Is there anything else I can do to move this along or just patiently wait, is that a bad/good sign that the DRO is still working on it??? Someone please help

[Ryguy]

John,

I went to the chiropractor and then i stopped as i no longer had health insurance. I didn't submit that letter with my appeal because I didn't want anything to hurt my case. I just used a statement from my current doctor that says that the chronic pain is subsequent from the accident and the notes also says that he recommened me to appeal the VA's original denial decision. I think in my opinion those notes are enough to persuade the DRO.. Whats your opinion. Then prior to moving to where i'm living now, my previous doctor wrote a statement in his notes to my employer that they should take into consideration that i'm an injured veteran with chronic back and neck issues which are service related and if possible please take this into consideration with my job tasks. So that was my second bit of information.

In my NOD, I did explain that the doctor on duty at the Troop Medical Center told me to take Ibuprofen and it would help my back, I already get lumbar service connected, but am trying to get upperback and neck service connected. So that is where i'm at with all of this. I'm just hoping that the DRO can see that i'm a seriously injured vet with serious issues here. Someone told me to get a IMO, so i've requested all of my original medical records to take to a Independent Doctor who can get me a statement stating that this illness is service connected wtih the accident. Any ideas or tips?

Thanks for all you do

Ryan