I Was Misdiagnosis With A Condition

[lamontino]

i was misdiagnosis with a congenital condition base soley on private medical records (without xrays) when i was 15. When I went in the militaly the denied me base on that congenital problem.

I fought that. And now I have learned that 7 radiologist 5 at VA and 2 private saying that I dont have this congenital problem and never had it. So what can I do

[retiredat44]

I was let out the military because I was injuried. When I got out I apply for benefits. When they got my private medical records which I gave them, they said I had an injury prior to services which was congenital bilateral spondylolysis. Which is a condition that a person is born with concerning the back.

But when I had about 5 c&p exams the radiologist states " no sign of congenital bilateral spondylolysis". But the doctors that did the exams state on the reports that I did. And that condition was prior to service.

When I got denied. The VA Ro stated " you had a congenital bilateral spondylolysis problem prior to service which you was born with. So your case remains denied".

I research this condition and it doesnt just magically disappears. It stays with you for a life time.

So my question is. Is this a CUE and is this a clear case of malpractice. Cause the doctors lied on record saying I had a condition I never had.

you will probably need at least one strong IMO.. and appeal/re-apply...

IMHO

[lamontino]

you will probably need at least one strong IMO.. and appeal/re-apply...

IMHO

I did, My case got remand back to the bva. But it was base on alot of other stuff. I just realize this error by reviewing my medical information. I did inform in writing to the BVA of this error and that I might be filing an sf95

[Guest]

Only thing you can do is wait for VA to make a decision. Keep in mind that you should be service connected for a condition before you try to get any type of earlier effective date or file a claim for CUE.

[carlie]

lamontino and all,

I have read thru all of the past posts made (starting in June 2007) and from what I have

been able to put together is that the issue of SC for your back condition

has been from your VARO to BVA. Your issue finally made it to the Court level

and you got an attorney to represent you.

I am not clear on if the Court ever made a decision and if they did - then what was

the Courts decision ?

Do you still have a lawyer and what do they suggest ?

Did you ever file a claim for mental health issues yet ?

At this point I have no further advice or guidance to offer as I do not feel I can

be helpful in any way.

I certainly respect your tenacity - it is an asset to have in dealing with the VBA.

Below are some links to the most relevant posts that I reviewed.

Reading thru some of them will help members familiarize themselves, with your situation.

Va Is Trying To Hoodwink Me :

Need Help With Cvac :

Sad Day :