My Claim For Nerve Damage Secondary To Sc Ankle Injury

[cojolio]

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

[cooter]

Yes it does make sense, because first of all you'll need N&M (New and Material) evidence in order to reopen a claim if its been over a year. Is there any way at all you can get a Dr to opine that the back and/or left hallux is "as likely as not" due to the fall, just to reopen the claim? Cause you have 1 year to get all the evidence you need submitted. I know its a shot in the dark, but the longevity for claims to go thru adjudication is totally ridiculous!

Coot

[cojolio]

Cooter,

Thats what I was going to use Dr Bash for, to see if he can make a link between the airborne fall that got me MEB Boarded out to the lower back pain and left hallux that got denied in 08. Since its been way over a year, im not in a rush to meet any deadline to submit evidence. the N&M will come (hopefully!) from Dr Bash... and I didnt want to contact Dr. Bash until I have the nerve claim either denied or approve. That way...if he takes my case, hopefully all three (lower back, left hallux, and nerve damage if it gets denied) will be covered in the IMO...? Sounds like a good plan of attach?

I know my mentality is slow. Like it can take 1-2 years to get the nerve claim rated; and then start with the N&M part of my battle for the lower back and left hallux. But i figure, if I can get the VA to grant the nerve damage claim, thats another positive to reopen my lower back and left hallux. I got that infantry training mentality..."slow is smooth, smooth is fast" going on...unless people here tell me different...since I am new at all this VA stuff...

Yes it does make sense, because first of all you'll need N&M (New and Material) evidence in order to reopen a claim if its been over a year. Is there any way at all you can get a Dr to opine that the back and/or left hallux is "as likely as not" due to the fall, just to reopen the claim? Cause you have 1 year to get all the evidence you need submitted. I know its a shot in the dark, but the longevity for claims to go thru adjudication is totally ridiculous!

Coot

[carlie]

cojo,

I'd hang back a bit before I did anything else.

If I remember right your the member that can't locate/never received

the Rating Decision.

I would not do anything else until I got my eyeballs on the actual rating decision

that denied some of these issues you are posting about.

IMO - it is imperative to see if your MEB info was listed in the evidence section

(and everything else that was or was not of record in the evidence that was considered or not considered)

and the exact words used in the Reasons and Bases Section to support a denial.

I would continue with medical treatment and current documentation of the conditions

but I would not file other claims at this time.

DO YOU have copies of all your MEB stuff ?

Editing to add - when you don't know exactly why issues were denied

there is no way to know the shortest and precise route for a grant of SC.

JMHO

[cojolio]

Yes Carlie Im the one who cant locate/nerver received the rating decision and your post actually sounds like good advise. Thank you very much as always. I do have everything from the MEB Board (or at least everything they gave me when i ETS).

As you already know, I submitted the FOIA request asking for the 2008 rating decision. Today, I thought about asking for my entire c-file instead. Can i edit the pending FOIA request instead of sending another one in for the c-file? I am asking because my first one was received march 16...so it would be perfect if they can use that form to send me the entire c-file and not just the 08 rating decision...

cojo,

I'd hang back a bit before I did anything else.

If I remember right your the member that can't locate/never received

the Rating Decision.

I would not do anything else until I got my eyeballs on the actual rating decision

that denied some of these issues you are posting about.

IMO - it is imperative to see if your MEB info was listed in the evidence section

(and everything else that was or was not of record in the evidence that was considered or not considered)

and the exact words used in the Reasons and Bases Section to support a denial.

I would continue with medical treatment and current documentation of the conditions

but I would not file other claims at this time.

DO YOU have copies of all your MEB stuff ?

Editing to add - when you don't know exactly why issues were denied

there is no way to know the shortest and precise route for a grant of SC.

JMHO

[carlie]

Yes Carlie Im the one who cant locate/nerver received the rating decision and your post actually sounds like good advise. Thank you very much as always. I do have everything from the MEB Board (or at least everything they gave me when i ETS).

As you already know, I submitted the FOIA request asking for the 2008 rating decision. Today, I thought about asking for my entire c-file instead. Can i edit the pending FOIA request instead of sending another one in for the c-file? I am asking because my first one was received march 16...so it would be perfect if they can use that form to send me the entire c-file and not just the 08 rating decision...

Getting a copy of the c-file will take time.

As posted earlier in a thread - I myself would make an appointment at St Pete VARO to view my file

and find the copy of the rating decision - and get my hands on it ASAP.

JMHO

[cojolio]

Carlie, I forgot to ask them for an appt when I called to get teh DC for stuff denied like you told me. I will call monday and ask them...

I just read another post in which you comend to get the active duty SMR's from the NPRC as well as the 201 file. I think I will also do that... !

Thank you again.

Getting a copy of the c-file will take time.

As posted earlier in a thread - I myself would make an appointment at St Pete VARO to view my file

and find the copy of the rating decision - and get my hands on it ASAP.

JMHO