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My Claim For Nerve Damage Secondary To Sc Ankle Injury

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cojolio

Question

Is the statement by Dr XXXXXX strong enough to serve as a nexus / or is the evidence strong enough by itself?

This SAME doctor (but another temporary person) did a EMG in 09 and said everything was ok. Now in 2011 after complaining a lot they sent me to him again and NOW he found the nerve damage. How does this weight with the VA Raters? Same doctor first saying no damage, now saying there is damage and unlikely to heal?

Do you guys think this will get me at least a C&P exam before they deny my claim?

I'm certain that if I do get a C&P exam, and an EMG is needed, that Dr. XXXXX is probably going to be the one (or the docs at ortho) doing the exam. Is it usual for them to go back on their previous diagnostics just because it's a "C&P exam"? Will they know in advance that they diagnosed you before with nerve damage?

Do you guys think I should pursue the claim as is (hopefully get a C&P) and see if it gets approved with my progress notes and src med records without contacting Dr Bash first? I know his IMO will help with the claim but I am not in the best position to spend the money on it right now. I could wait and save enough for it and then submitted with his IMO. What do you guys think, proceed without his IMO, or wait and get his IMO then submit? Keep in mind I only have my srv records and progress notes, no C-File since I haven't asked the VARO for it…which could delay even more.

How I worded the first couple of sentences stating that I want to claim them secondary to already SC ankle injury, does it sound confusing? It does to me, but I dont know any better way? please comment on it:-)

How does the "Background of the injury" sounds? more details? anything missing etc...?

This is my first claim I put together myself, haven't been to the my VSO or anything…just getting a rough draft ready this weekend:-)

Please let me know what ya'll think about it, how strong it looks, how can it be stronger…just trying to make it as smooth as possible once it gets to the VA Raters desk so I don't have to wait years on appeals if denied.

PS. I will send the VA copies of all the pertinent med records, including MEB board... (i know they already have it...) highlighting the things I mentioned on my claim....

Also, I have MRI's showing narrowing disc L5/S1 intervertebral disc space on my Miami VA progress notes, and going to physical therapy for lower back pain. Same thing on my ARMY serv records. Can this be linked to the injury as DDD or anything else? I left it out because nerve damage is my primary concern for now...

Thanks in advance for taking the time to look at it:)

I have been DENIED in 2008 by the VA, all without NOD (i know i should of...now Im fighting an uphill battle...) for the following conditions: DC 5024 -left and right knee condition, DC 6211 - right eardrum, DC 5237- lower back, DC 8724 - numbness left hallux (i hope they dont say Im trying to claim the same thing because of these conditions)...

hadit - first draft.pdf

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cojo

One really great part about an IMO is the Dr that is preparing it, has the ability to refute the accuracy of an examiners unfavorable medical opinions stated in a C&P exam. Another words, the IMO Dr can discredit the examiners medical findings and/or the validity of the examiners medical profession as to his/hers qualifications on the nature of the disability in question.

In order for the IMO Dr to perform this, it is usually and most always best to have the C&P exam first so he/she can study the exam and then apply their expertise for a good IMO. JMO!

note; It's beginning to be hard to follow your case with you posting on various forems. It would be easier if you can stick with one thread so we don't have to search for any info you stated before. Thanks cojo

Coot

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Cooter it makes perfect sence to keep it in the same post!.... sorry im new to this. Is there A way I can delete this one so I can post it on the one I already had going?

Carlie I will try to shorten it on my next draft. Also, can you as an admin delete this post for me please that way I can post it on the already going discussion...?

cojo

One really great part about an IMO is the Dr that is preparing it, has the ability to refute the accuracy of an examiners unfavorable medical opinions stated in a C&P exam. Another words, the IMO Dr can discredit the examiners medical findings and/or the validity of the examiners medical profession as to his/hers qualifications on the nature of the disability in question.

In order for the IMO Dr to perform this, it is usually and most always best to have the C&P exam first so he/she can study the exam and then apply their expertise for a good IMO. JMO!

note; It's beginning to be hard to follow your case with you posting on various forems. It would be easier if you can stick with one thread so we don't have to search for any info you stated before. Thanks cojo

Coot

Edited by cojolio
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By any chance, did the MRI for the lower back show any nerve compression at the L5/S1.?

If there is pain shooting down the leg, and sometimes the buttocks, then that's a good sign of nerve impingement/compression.

Mine does that and at times my leg would go totally dead for about 15 or 20 minutes.

I can't remember, did you say you were claiming that due to the fall?

Coot

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Cooter it makes perfect sence to keep it in the same post!.... sorry im new to this. Is there A way I can delete this one so I can post it on the one I already had going?

Carlie I will try to shorten it on my next draft. Also, can you as an admin delete this post for me please that way I can post it on the already going discussion...?

Yes, you can but since you started this one, go ahead and just keep posting on this thread only. Unless of course you have a different situation you want to talk about. Thanks cojo

Coot

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I dont think they mention anything like that in the MRI Cooter, the army one just says "There is mild L5-S1 disc space narrowing.... impression: L5-S1 degenerative changes) but that everything else was fine.

The Miami VAMC MRI says FINDINGS: the alignment of the lumbar spine appears normal. Vertebral bodies are normal in height. there is mild narrowing of the L5/S1 intervertebral disc space. The conus ends at t12/l1 intervertebral disc space level. On axial images, there is no evidence of bulging discs, canal or neural foramina narrowing at nay level. IMPRESSION: no significant focal abnormalities".

I started having pains after a fall with my rucksack, but didnt go to sickcall. Then after the airborne injury, I started going to sickcall to find out why the back pain was getting worst after my injury. By the way, at the time of the ARMY MRI i was 28...the pain does shoot down my butt and right leg...i guess I need to tell the doc when I see him on Wednesday.

I was not planning on claiming my back pain with the nerve claim. My plan was/is to just get a good well grounded claim for nerve damage first...after that battle is won...then contact Dr Bash and link both claims (ankle and nerve) and try to get a IMO to reopen my previous denied lower back and left hallux claims. Makes sense?

PS. For background reference the link is :

By any chance, did the MRI for the lower back show any nerve compression at the L5/S1.?

If there is pain shooting down the leg, and sometimes the buttocks, then that's a good sign of nerve impingement/compression.

Mine does that and at times my leg would go totally dead for about 15 or 20 minutes.

I can't remember, did you say you were claiming that due to the fall?

Coot

Edited by cojolio
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