ptsd Back Problems-been Denied

[Billyboy]

Hello All;

In 2003 I filed my claim and in that claim I filed for lower back problems. The VA denied lower back stating; “Your treatment records subsequent to service show sporadic complaints of back pain over the past few years. There is no evidence to show that you have a chronic back disability associated with your Coast Guard service, therefore service connection is denied”

I have a buddy statement that I chipped and scrapped lead paint on my hands and knees, stooping and bending over to do this work.

What they have acknowledge in the 50 % MDD (claimed as PTSD, night sweats and sleep disorder)

A buddy statement that I slipped and fell on my back striking my head.

CT Scan of the back of my skull.

Buddy statement that I handed heavy clips up to the person on the platform of the 40MM cannon.

(Tinnitus 10%)

From time of discharge (1962) until 1991-1993 my first 2 Dr’s are dead and all records destroyed.

I have Dr. statement from 1991-1993 saying lower back pain.

I recently had x-rays and the Dr. called and informed me I have “Severe Arthritis” of the lower back.

This from the radiology report;

“Large right lateral bridging osteophytes at L1-L2; anterior intervertebral endplate osteophytes from L1 to L5”

What would you suggest I do now? bill

[john999]

My IMO completely redefined the issues involved in my in-service injuries and illnesses. The Army and VA had been hanging on the Personality Disorder concept for years and the IMO blew that out of the water. The VA had also brought up physical injuries I had gotten at the Post Office over the years to deny me TDIU. The IMO destroyed that argument as well. I paid $250 for that opinion. Anyone in the Central Florida region I have a good IMO for you, two of them, in fact. Without the IMO I would still be at 30%.

[Vike17]

Mssoup1,

He would have to get the IMO and have it state something to the affect that his current (Diagnoses here) had its origins predating the work related incident of such and such date. This would more than likely warant service-connection.

Keep in mind that the IMO needs to reference competent medical litrature that supports the doctors rational. I've seen some IMO's (well, actually short statements) signed by physicians that were 2-3 sentences and had no rational for its findings that were completely useless. The VA needs competent medical evidence, by law, in order to grant the benefits sought.

Vike 17

[mssoup1]

Again, thanks for your replies. I no longer have his records, so I am trying to remember off the cuff as to what he had and what opinions he had. He did have an IMO that basically stated that it was of his opinion that the start of his back problems did originate from his military service. The doctor could only go so far with statements, since there are no SMR's which actually reflect the accident, only sick bay treatments showing he was seen for back strain. The doctor was taking the veterans word for it that he did, in fact, injure his back while in the military.

I think since the SMR's didn't reflect treatment for any accident, that the only SMR records he had just showed back strain and the fact that he hurt his back while on the job, all had an inpact in denying his claim. In fact, the veteran stated that when he injured his back in the military, they never took any x-rays or anything else. They only gave him some pills and said he had strained his back.

I know that when we went to the BVA hearing, it did not go well. The law judge that he had seemed the least bit interested in what was being said and acted as though he would much rather be somewhere else. In fact, we noticed that he kept looking at his watch. I knew then that we were in trouble. Didn't take long to get the denial back, either. It was just the opposite for my husband. The law judge he had was great. She listened with concern, asked us questions and didn't seem to mind how long it took for us to present my husbands case. The outcome for my husband was very positive for us, even though the whole process took a long time.

It seems that there are so many circumstances within each veterans claim, that anything can happen. Right down to who you have hearing and rating your claim.

Any further responses would be most appreciated.

mssoup1

[john999]

If the veterans was a combat veteran then his statements have more value since many records and injuries were not recored for combat vets. His statements should be presumed to be true if he is a combat veterans if they make sense. I read this in the Veterans Benefits Manual.