Struggling To Establish Medical Issues To Be "military Related"

[nlkojak]

When I first got out of the military in 2008, I claimed four things, I was rated 0% for three of those and my neck issues were deemed unrelated because my condition was considered to be in "remission." The first time my neck really bothered me was in 2006, but I wasn't able to get much treatment because literally the NEXT DAY I left for a deployment to Iraq.

I just sucked it up and figured if I couldn't handle my flare-ups I would try again. So I slept on rolled up towels and heating pads were my best friends. I have been in constant pain since May, to a point where I am barely functioning most days and can barely pick up my two year old. I went to a walk in clinic several times, where they just tried to drug me, then they gave me some x-rays and I went to the chiropractor for about a month and a half. Then I gave up in hopes to get VA medical care. I have civilian insurance and I shoveled out more than $2,000 in two months with no difference.

I am now enrolled in VA medical, but right now it will only cover me until my five years is up. I would like the military to take accountability for my neck issues or fix me!

I refiled a claim. It is considered to be a new claim because I did not appeal the original claim. I received a letter today saying that I have to establish that these issues are military related. If the original claim was refused because I was considered to be in remission, wouldn't it make sense that it is still related when I am no longer in remission?

The issue I am having is because I didn't seek out constant medical care. Who does? It's expensive! I am having close relatives to write witness statements as well as my chiropractor. I will write a statement as well. I also have my first appointment with the VA doc in town on the 8th.

I would love suggestions. I am very very close to giving up here and am planning of figuring out how to get a neck transplant. ;)

[fanaticbooks]

What about buddy letters? Do you have buddies who witnessed your problem with pain and sleeping, etc. while still in the military? Maybe they could write it up. Any records from military time, medical or whatever that could show it?

Look at my website for a description of buddy letters and nexus letters (see Step 2). Maybe something in there could help. I don't know.

fanaticbooks

[Hoppy]

Welcome to hadit. I am sure others will have plenty to say on your situation regarding advancing a claim. I just checked the board and it is the middle of the night here and I need to get back to sleep. I will have plenty more to say over the weekend.

[boomer2]

Do you have a copy of your service medical records (SMR's) from active duty that shows you tried to get treatment for your neck. If so, you will probably have all the proof you need right there. If you don't have them and you know that it is in there you need to get a copy from the NPRC in St. Louis. Put together your buddy letters and from your family and friends as well. Overwhelm the VA with this evidence. Go to this link and follow the directions. http://www.archives.gov/veterans/military-service-records/standard-form-180.html

[71M10]

It would help if we knew what the neck problem was that is in "remission". There are specific conditions that are listed in the regulation as being "chronic". If there was any arthritis in your neck that showed up on x-ray during service or within the first year after service you have a chronic condition that should be service connected. If you have fibromyalgia ask your doc if there is an underlying arthritic or traumatic injury from service that is triggering it. If when you say "flare" you are describing in intense period of muscle spasam, it is important to identify what is causing it (related to service injury or arthritic condition present in service?).

Best regards,

[Hoppy]

I would be more interested in knowing if you reported an injury or not while on active duty. Such as a high impact acccident. I worked with whip lash attorney's and know how the doctors predict long term potential disabilities.

It appears that their might even be continuity of symptoms. Re-ocurrance of similar symptoms within several years will be a strong indicator of a relationship between the symptoms in the military and your current condition. How much time went by between your first post service treatment and your last treatment note in the military. As fanaticbooks pointed out I have seen these cases serviice connected with subjective statements from the veteran and witness statements that the symptoms continued even though the veteran did not seek treatment until several years after service. I will post some BVA case in the next week. I have them on my other computer.

The fact that a doctor would use therm term "remission" rather than resolved gives me the impression that their was a potential for ongoing symptoms. If you were denied without out a C&P you got screwed. Tell the raters on appeal to look up the defination of remission. The case will depend on getting a C&P exam or IMO doctor to give you a good nexus letter. There will be examples in the cases I post later this week

Edited February 6, 2012 by Hoppy

[deanbrt]

Hoppy, any chance you can e mail me?

deanbrt@cfu.net