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How Much Evidence Do I Need?

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S.Hardin

Question

Discharged in 2001.

Have had lumbar sprain since I was a heavy wheel mechanic in service.

Had private treatment for the past two years.

The only time it is mentioned in my service treatment records is on my exit physical.

Will that be enough to support my claim for service-connnection?

Edited by S.Hardin
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  • HadIt.com Elder

It should be.

Best support would be to get a Doctor to provide a nexus which means link your current diagnosis to your service. The info you have should be sufficient to get the Medical Opinion that you need.

Veterans deserve real choice for their health care.

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  • HadIt.com Elder

Welcome! I think you'll need more evidence. The VA likes to see continuous treatment. You've only received treatment for the past 2 yrs. What about the other 8 yrs? You'll need to convince them that your treatment starting 2 yrs ago relates to your in-service injury. Just having notes in a exit exam probably won't cut it. How about an injury report? Something that'll prove the in-service injury. Unless the injury happened during active combat, I think you'll need more. jmo

pr

Discharged in 2001.

Have had lumbar sprain since I was a heavy wheel mechanic in service.

Had private treatment for the past two years.

The only time it is mentioned in my service treatment records is on my exit physical.

Will that be enough to support my claim for service-connnection?

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  • Moderator

I agree with Pete. "Time" is not one of the criteria factors. I know, because the first time my claim was denied "due to the long period of time between military service and my (hearing loss). Well, it just so happens that it TAKES a lot of time for noise exposure to manifest itself as hearing loss. More importantly, the VA has to go by the RATING CRITERIA...and "time" is not one of the criteria!

In a nutshell, the RO does what ever they want...they can deny you based on the moon being made of green cheese...BUT, when it goes to appeals, the judges will usually say...gee...what does the moon being made of green cheese have to do with the criteria.

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I appreciate the comments. Unfortunately, like most of the guys in my experience, I had more important things to do than go to the Aid Station every time I had an issue. My back issue fluctuated for years, but over the last two years I have had pain, inflammation, muscle spasms, and sciatic pain.

Funny how these things catch up to you!

-S

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