Veteran Service Officer Just Quit

[Getting Old]

I just called in to the office to check on my claim and add more information to it and found out that the officer in charge of my claim quit about a month ago. unfortanetly she was the best in the office. the person that is there now is in training and im not sure if i want someone in training dealing with my claim. so what is my next step? can i do this all on my own? thank you in advance.

[Interested]

Without treatment records from the time you separated from service to the present, there is nothing to show "chronicity". Apparently, the Service Medical Record showed a one-time event and you recovered with no problems, particularly since X-rays at that time were negative.

It's like the troop who had a knee strain in service and applied for service connection over Ten Years After (great group BTW). While he claimed that the knee strain had devastated his life (really, he did!), there were absolutely no following treatment records for any knee condition, that is, until he had an work-related accident at his work place and heavy boxes fell on him - five years after separation.

I have poof of it happening while i was in the army. And we submitted a claim back in 2010 and they denied my claim. Here in the article. Then we appealed the claim as soon as they denied it.As of today i am about to go for pyshical therapy because its getting to bed where i can sleep at night and/or move around threw out the day.And im only 30. Thanks for your help.

Service connection for lumbar degenerative disc disease claimed as lower back.

Your service treatment records noted an injury to your back in service. X-rays of the spine were taken on October 7, 2002 after you complained of tenderness over the T10 T12 after trauma. The x-ray was normal. Your separation examination noted a "normal" spine and there were not complaints voiced by you at the time concerning your back and/or spine.

At the recent VA examination conducted on February 1, 2011 you complained of pain stiffness, weakness, and fatigability. You stated that you had an injury to back in the service when he went to stand in a tank and the tray where ammunition is loaded hit you in your back. You stated that you had mild problems afterwards, but notice more problems when you worked for the prison system from March 2009 to August 2010. You noted that with prolonged standing for a few hours as well as with sitting while driving for a few hours, you would feel low back pain. Lying down will help this. You saw a private provider and was scheduled to get therapy before trying back injections. You have numbness in the right leg to the foot that would occur with the back pain flare ups but currently you denied any numbness. You also start limping during a flare-up. The pain is located across the lumbosacral area and does not radiate. You are able to walk normally without any assistive device. This condition has no effect on your usual occupation. You are able to perform all activities of daily living. Range of motion of the lumbar spine: forward flexion: 0 to 90 degrees without objective evidence of pain; extension: 0- 30 degrees without evidence of pain; right lateral flexion: 0-30 without objective evidence of pain; left lateral rotation: 0-30 degrees without objective evidence of pain. There was no additional limitation of motion following 3 repetitions. The examiner stated that on exam today, there was no objective evidence of painful motion, spasm, weakness, or tenderness. You denied any incapacitating episodes in the past 12 month period. Strength was 5/5 in all muscle groups of the upper and lower extremities. Straight leg raise negative bilaterally,. Sensation to light touch was intact in the upper and lower extremities. DTR's: 2+ bilaterally, babinski negative. MRI of the lumbar spine dated June 29, 2010 noted mild bulging of the annulus at L4/L5 may abut but does not displace the exiting right L4 nerve root. The diagnosis provided by the examiner is lumbar degenerative disc disease. The examiner opined that this condition is less likely as not caused by or related to veterans service. There was no evidence found of periodic treatment for low back condition continuing from service. No low back condition was noted on exit exam from the service.

A disability which began in service or was caused by some event in service must be considered "chronic" before service connection can be granted. Although there is a record of treatment in service for pes cavus claimed as right foot condition, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service. Therefore, service connection for lumbar degenerative disc disease claimed as lower back is denied.

[broncovet]

Getting Old Posted: My comments are underlined:

The x-ray was normal.

Xrays dont show everything, for example, they dont show damage to tissues, only things like fractures.

Your separation examination noted a "normal" spine and there were not complaints voiced by you at the time concerning your back and/or spine.....

....... Lying down will help this.

What? This is the rating specialist telling you that "lying down will help this"? Makes no sense and suggest rating specialist is recommending treatment. This is very close to CUE. Rating specialists can not substitute their own unsubstantiated medical opinion for that of a qualifed medical professional. I would "nail" them on this.

You saw a private provider and was scheduled to get therapy before trying back injections. You have numbness in the right leg to the foot that would occur with the back pain flare ups but currently you denied any numbness.

Contradiction. This is a very very bad decision. You also start limping during a flare-up. The pain is located across the lumbosacral area and does not radiate. You are able to walk normally without any assistive device. This condition has no effect on your usual occupation. You are able to perform all activities of daily living. Range of motion of the lumbar spine: forward flexion: 0 to 90 degrees without objective evidence of pain; extension: 0- 30 degrees without evidence of pain; right lateral flexion: 0-30 without objective evidence of pain; left lateral rotation: 0-30 degrees without objective evidence of pain. There was no additional limitation of motion following 3 repetitions.

Who says? The rating specialist or the examiner? Again, the rating specialist can not insert his unsubstantianed medical opinion. The examiner stated that on exam today, there was no objective evidence of painful motion, spasm, weakness, or tenderness. You denied any incapacitating episodes in the past 12 month period. Strength was 5/5 in all muscle groups of the upper and lower extremities. Straight leg raise negative bilaterally,. Sensation to light touch was intact in the upper and lower extremities. DTR's: 2+ bilaterally, babinski negative. MRI of the lumbar spine dated June 29, 2010 noted mild bulging of the annulus at L4/L5 may abut but does not displace the exiting right L4 nerve root. The diagnosis provided by the examiner is lumbar degenerative disc disease. The examiner opined Now we are talking. The examiner can opine, but the rating specialists medical opinion on your health is irrelevant. that this condition is less likely as not caused by or related to veterans service. You need to read the C and P exam..this looks like an obfuscation of the facts if the examiner said your condition was "at least as likely as not due to military service". The rating specialist "twisted" what the examiner said and made it sound like it was "less likely". There was no evidence found of periodic treatment more obfuscation. There needs to be chronicity of symptoms, not chronicity of treatment. You see, the doc can change the treatment, try different drugs, different therapies, etc. But you still have chronic symptoms. for low back condition continuing from service. No low back condition was noted on exit exam from the service.

[Getting Old]

Well guys i just went to the chiropractor today and tomorrow i will find out the results from the xrays. And i will make sure i post them on here for your help.

And as for that last two post im comfused on if i have a good claim or not.The day i went to the c&p exam my back didnt feel that bad, I had pain pills.

Also i might add the examiner didnt put alot of the things that i was telling her into this report.To me it seems alittle more on her side, but from now on I know to not to take my meds...

And as for the reason i didnt get the injections in my back is because my DR pasted away in a fire a few days after my meeting with him.

What is the difference between symptoms and treatment?

Thanks Mark

[broncovet]

Symptoms: Example Back pain.

Treatment: Example: Doctor may treat with Ibuprofin, or Doctor may perform surgery.

When they speak of a "chronic" condition, this means that it has had symptoms for a longer period of time, as opposed to an "acute" condition. An "acute" condition may be like a backache that hurts for 4 days, and then gets better.

If you have chronic back aches, for example, you may or may not seek treatment for them. You may take over the counter pain medication for treatment, for example.

It is not always necessary to go to the doc to treat your back ache every 2 weeks for 10 years to show you had chronic back pain.

The difference is maybe you broke your foot in the military. Sure it hurt for 2 weeks then got better. If it is not hurting now, and you dont have any problems with it, you wont be compensated.

However, if that broken foot causes you arthritis, and did not heal right, and you continued to suffer with pain over the past 10 years, then this is a chronic condition.

[Getting Old]

You have been very helpful and this just cleared up a lot of the questions that I have had.

When we appealed their decision we stated how I have had the back pain ever since the army, but I just delt with the pain because i didnt have insurance. But as you see when I had a job that offered insurance I made sure I went to the doctor for my back. All the way up to this point. It wasnt worded exactly like that but very close.

Thank you

Symptoms: Example Back pain.

Treatment: Example: Doctor may treat with Ibuprofin, or Doctor may perform surgery.

When they speak of a "chronic" condition, this means that it has had symptoms for a longer period of time, as opposed to an "acute" condition. An "acute" condition may be like a backache that hurts for 4 days, and then gets better.

If you have chronic back aches, for example, you may or may not seek treatment for them. You may take over the counter pain medication for treatment, for example.

It is not always necessary to go to the doc to treat your back ache every 2 weeks for 10 years to show you had chronic back pain.

The difference is maybe you broke your foot in the military. Sure it hurt for 2 weeks then got better. If it is not hurting now, and you dont have any problems with it, you wont be compensated.

However, if that broken foot causes you arthritis, and did not heal right, and you continued to suffer with pain over the past 10 years, then this is a chronic condition.

[Getting Old]

Symptoms: Example Back pain.

Treatment: Example: Doctor may treat with Ibuprofin, or Doctor may perform surgery.

When they speak of a "chronic" condition, this means that it has had symptoms for a longer period of time, as opposed to an "acute" condition. An "acute" condition may be like a backache that hurts for 4 days, and then gets better.

If you have chronic back aches, for example, you may or may not seek treatment for them. You may take over the counter pain medication for treatment, for example.

It is not always necessary to go to the doc to treat your back ache every 2 weeks for 10 years to show you had chronic back pain.

The difference is maybe you broke your foot in the military. Sure it hurt for 2 weeks then got better. If it is not hurting now, and you dont have any problems with it, you wont be compensated.

However, if that broken foot causes you arthritis, and did not heal right, and you continued to suffer with pain over the past 10 years, then this is a chronic condition.