Waiting It Out

[Colt]

Hi all:

Looking for a little guidance if there is any to give.

My story: I got out in August 2010 and filed my claim. It's my year mark and I haven't heard anything so I started researching some stuff and found you guys and your plethora of information. I'm going with the assumption that some of my items claimed will get denied due to reading a lot of people's experiences on here. I figure since I've done absolutely nothing on my part so far, you know, since the past year just sitting and waiting--that after reading some of your stories and seeing things I could be doing to help myself out, why not try? I haven't heard from the VA in a while. The last I heard from them was in November 2010 and they sent a letter stating that they needed further evidence for the "following conditions" and listed everything I originally claimed. I contacted my DAV and she said it was normal that they list everything and since I turned in all my medical records to send it back stating to decide the claim. I’ve had no movement since. I check my ebenefits weekly.

I went and picked up my C&P exam copies today (completed September and October 2010), since many of you suggested it. However, I don’t understand everything on there and I couldn’t find my eye and hearing test in there (they were done in the following month of Oct). The records woman said that they combine everything into one document after it’s done so that it prints all at once. Can that mean it is potentially missing? Or maybe I just didn’t get it? Also if the C&P doctor didn't really give a write-up on a specific item claimed does that mean that item will be denied or that maybe there is sufficient evidence to support it in my documents?

I’m not even sure if there is anything I can do right now except wait to see what they come back with and then go from there. I was trying to be proactive, but at this point I think it’s just a guessing game until I hear from them. I haven't contacted my DAV or anyone else since I didn't want to pester anyone. However, I'm hitting that antsy phase, and thought it might be nice to hang around with other 'hurry up and wait' individuals.

On a side note. One of the items I'm claiming is my back. I've got 5 items listed that fall under that.

1. Degenerative Disc Disease

2. Bulging Disc L3-5 w/arthritis

3. Bilateral Leg Pain

4. Synovitis

5. Scoliosis

Will all of that be one combined rating? Also, two weeks after I got out of the military (figures, eh?) I severely herniated and ended up having two discectomies. Can that alter ratings?

[Interested]

Sorry for the delayed response. I don't do much in life anymore but I manage to stay remarkably busy not doing much. I'll answer the questions I think you asked of me, and comment on the others.

My cfile, as it's called, should contain everything they have up to date, correct? Including all of my C&P exams? Yes, that's the drill. If you submitted it, or you told the VARO of the existence/whereabouts of sumpin, or it was generated by the VA, it should be in your claims file.

Can I just go get a copy of that, review it and then see what they are missing and then collect the additional information that I deem pertinent? Yes, you could do that. However, it isn't always as easy as you might think to just get a copy.

Also, to make a copy of the C-file - or for you to review it, the file will have to be taken out of one pile of records and placed into another pile. THIS MAY TAKE IT OUT OF THE RATING PILE AND THERE IS NO GUARANTEE THAT THE C-FILE WILL RETURN TO THE SAME POSITION IN THE PILE!

Sometimes, it doesn't help to be too proactive. At this stage in the game, it might be better (whatever that means for you) to wait for the initial decision and hope that all the information was considered.

Of course, it's your choice.

Now, on to the comments, some were yours and some the other guy's

That's what I'm thinking. They told me it's like a jumpstart of sorts, since I filed before I got out. If you sent the VARO the operative report and/or the treatment records about the the additional disc herniations, your claim no longer qualified as a "QuickStart".

When the C&P examiners write "At least as likely as not" or "Likely" that the conditions manifested or worsened during service, those are key phrases that will more than likely cause the rater to grant service connection for. For your initial claim this soon after separation, unless you are claiming service connection by way of aggravation of a pre-existing condition, the terms ' ... at least as likely as not ... ' or ' ... more likely than not ... ' are not necessarily that helpful. The key is, no matter what anyone says here, can be found in 38 CFR 3.303(a) http://www.benefits....ART3/S3_303.DOC . However, if you are claiming - for the first time - a condition many years after your separation, those above terms are very important.

Looking over his records, it is listed in multiple annual physical exams "chronic low back pain" . Unfortunately, anecdotal evidence such as this really isn't too valuable without any other treatments or diagnostic tests. That is, a troop can say anything and the examiner simply will write it down ... but that does not necessarily make it true. Now, in the situation you described for yourself, your complaints resulted in an MRI and a diagnosis.

[quote nam

e='Colt' timestamp='1314289640' post='254707']

Interested, if you don't mind I'm going to use your way of responding. It makes it much easier to read and if I try to multiquote it denies me saying I've quoted too much.

So, while a claim for convalescence because of surgery in a VAMC MAY result in an automatic claim, I'd still recommend you notify the VARO and claim it. My cfile, as it's called, should contain everything they have up to date, correct? Including all of my C&P exams? Can I just go get a copy of that, review it and then see what they are missing and then collect the additional information that I deem pertinent?

Well, in the general course of affairs, the surgery is expected to improve the condition, so the pre-surgery VAE might be be unduly negative. And, normal post-operative items such as wound pain/discomfort during healing or "guarding" might mask the true result. I agree. However, all of my other issues still exist and wouldn't have been affected by surgery. I don't mind them lowering a percentage if it got fixed.

In your situation, if I had been made aware of the additional disc impingements, I might question how valid the findings from the earlier exam were and order a more recent exam; however, this will keep the issue open that much longer. Or, I might just rate it and let you appeal. I see your point. I'm trying to take this as relaxed as can be. I stress far too often about things and this would just be one more heaping pile of crap to add to the list. I've got the time; the frustrating thing is not understanding everything.

Thank you for the links you've provided. I'm going to go through some documents and see what I come up with in regards to my claim.

@ Timestamp

Quick start claim? I guess that's a new pilot program that ain't so quick? That's what I'm thinking. They told me it's like a jumpstart of sorts, since I filed before I got out.

When the C&P examiners write "At least as likely as not" or "Likely" that the conditions manifested or worsened during service, those are key phrases that will more than likely cause the rater to grant service connection for. Unfortunately, I didn't see any kind of phrases like that in my exam that I received. However, once again, there was a lot of stuff that wasn't mentioned in the C&P that I claimed and actually have issues with.

Buddy of mine recently got his C file, C&P examiner noted chronic low back pain worsening with movement and how it affected him physically, then on the last page stated there were no records of an in service injury. Looking over his records, it is listed in multiple annual physical exams "chronic low back pain". I don't have an in service injury though either. There was no specific event for me. It was multiple events that occurred along with the weakening of my discs that would set my back off that would send me to the doctors to get checked out (e.g., lifting a printer, tug of war on enlisted day, running). Eventually after the 4^th year of going in for back issues they sent me to get an MRI and that's when they noted all my 'issues'.

My claim has A LOT of items listed. So much so that when I look at it I feel like at my age I should be broken (did I really go to the doctor's that much?). Granted one issue has secondary issues or other things that are associated with it… still, I feel like it is too much. When I went to the DAV they did add things when going through my file that they wanted to put on there to get SC since later on if it worsened it could be claimed. I didn't embellish at all when I went for my C&P although I was told to act like it was a bad day (even though for my back, it really was). I'm very much a liar when it comes to how I feel. If you ask me how I am, I'll tell you fine, even if I'm not. I tried to be as honest as I could that day, but I still get shy and tend to act better than I am. I can't help it, it's who I am. In this case, I very well could have done a disservice to myself. However, I can't undo it now.

In the end, I'd just be happy if my amount covers my bills. I have 5 specialists that I go to and at $30 a pop, it adds up quick as I'm sure most of you know. One of my meds just cost $205 (after insurance) for a 3 month supply. It's something simple… eye drops, but it's something I need.

I'm still young (I think ) and can work; so one day at a time is okay with me. I'm trying not to overwhelm myself. I'll see about getting the cfile and getting back with you guys.

[Colt]

Not an issue, thank you for responding at all. Same goes to the rest of you, I greatly appreciate any and all feedback. I'll be back when I get news and can actually do something. I will get all my stuff ready to send in to the VARO where my claim is at. I have my initial consultation with my new family doctor this Wed (I've been waiting a while trying to get to be a patient of his but he is highly sought after in this area); after months, I finally got in!

Good luck to whoever is still waiting, I hope your decisions are swift and fortunate.