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. ;)

[nlkojak]

Just to clarify, I originally filed a claim for my neck issues in 2008 and was denied. In the terminology, in the letter from the VA I was denied because I was in "remission."

As for a cause, at this point there is documented set cause. Possibly, I strained something while loading our conex before deploying? I just woke up one day before deploying stuck. I could not move my neck at all and it was tilted. I went to sick call that morning and then went to the chiropractor directly after that. They did not do an X-ray or anything additional, and like I said, I literally deployed the next day. The medical attention I did receive is in my medical record and I did turn those in with my original claim. Should I recopy that portion of the record and send it in again?

My current chiropractor seems to think I have a disk that is slipping out of place with severe muscle spasms.

I have a VA doctors appointment tomorrow and am hoping that I will be able to get some decent treatment without them just throwing drugs at me.

I have four witness statements at this point and am working on more. So it looks like I am on the right track there.

Nicole

[Hoppy]

Nicole,

I am sorry to hear about your ongoing battle with neck pain. I feel your pain. Actually, I have had a 30 year battle with flares and remissions of a herniated c-4 with radiculopathy going into my left arm and hand. During severe and lengthily flare I was flat of my back for up to two years. During remissions I can hit a golf ball 300 yards. It is incomprehensible to me how I can go from years of unacceptable pain to decades of remissions. On two occasions I begged doctors to operate on me so I could get back with my life. They refused surgery and wrote any report I needed to get full disability from Social Security.

As far as a VA claim goes you need to get new and material evidence to re-open a denied claim that was not appealed. A post service diagnosis of a chronic condition could be new and material evidence. It might have been that you filed so soon after discharge that there was not enough chronicity for the rater to service connect you. This could easily happen if the rater was shooting from the hips and denied your claim in 2008 without a C&P exam. You need to get a current diagnosis and prognosis from your treating doctors. You will then need to get the doctors to review your SMR and write a nexus letter. There is information on hadit’s info pages as to what the nexus needs to say.

There are several ways to get a nexus. Submit the current diagnosis as evidence of continuing symptoms of your in service injury and request a new C&P. The C&P examiner will be asked to determine if there is a nexus. If the VA will not re-open the denied claim and schedule a C&P then you will need to get the VA treating doctors to write a nexus or a private doctor. It is not unusual for VA treating doctors not to get involved. Thus, if they will not schedule a C&P and the VA treating doctors do not get involved then you would need to get a private doctor. Once you get a post service diagnosis post this info on hadit. I will then be in a better position to find and post BVA cases. You will learn a lot as to what you are up against by reading BVA cases.

Considering the short length of time between your discharge and the continuing symptoms you should continue with your claim. There is no guarantee. However, until they stack up a pile of evidence against the claim , which may never happen, then I am of the opinion your claim is valid and worth advancing.

“The medical attention I did receive is in my medical record and I did turn those in with my original and material evidence”. Send them new reports. They already have the old reports.

[nlkojak]

Hoppy,

Thank you for all your imput. You have been very helpful.

Can you lead me to the nexus letter section? I surfed around for a while and still haven't found it.

Thank you,

Nicole

[Papa]

I hope that I do not sound too negative, but I have been fighting the VA for 40+ years off and on due to a back injury that I suffered in the military. Playing hard ball for the enlisted men against the Officers. They had this young college pitcher from Ariziona state university that was actually a nice guy. He was bragging that no one can hit his fast ball. Wrong. First pitch, I hit it over the wall, and teased him going around the bases. When my back was turned he crashed into my lower back. He outweighted me by 60+ pounds. Instant pain. My treatment was zero xrays, zero meds, told to man-up, get a board to sleep on. But the back injury is in my SMRs. Problem is the VA keeps saying that I never injured my back in the military. They apparently see what they want to see. Took me 40 years to realize that I needed a Lawyer for my VA claims and appeals. Nicole, just do not give up like I did for so many years.

Papa

[Hoppy]

Nicole

The information below was copied and pasted from hadits main page. I went to www.hadit,com

I scrolled down half way. In the left column there is an artile about IMO's, IME's and nexus. It was written by doctor Bash. The info I copied and pasted was from Dr. Bash's article. If you get a C&P exam they are supposed to do the proceedures indicated. However, Dr, Bash is of the opinion the VA examiners is not the way to go. I have seen alot of cases in which the VA system worked and a lot where the VA doctors dropped the ball. It just depends how much money you have to invest into a claim.

______________________________________________________

Review of claims file, all medical records, all imaging reports and all laboratory reports.

Medical examination if the VA or QTC physician has done a medical examination.

A dedicated section-by-section SOAP note/clinical pathologic summary oriented review of each VA ratable condition to include all secondary complications.

An analysis of potential confounding factors such as other disease processes, other intervening injuries and familial diseases.

An analysis of medications taking to ameliorate the service connected conditions and possible secondary drug induced disease processes.

An analysis of potential ratings situations such as special monthly compensation, preexisting conditions, and aggravated conditions, analogous rating, staged rating, common etiology, individual unemployability (TDIU).

Ordering of any additional tests as needed to identify all diagnoses and secondary conditions.

Incorporate all the patient's lay/buddy statements.

Literature references.

Listing of credentials.

Use of the following probability terms because the VA will grant VA benefits if the probability of an association between two events or causation of an event it at the as likely as not level of confidence (50%):

"is due to/caused by" = 100% sure/caused by

"more likely than not" = greater than 50%

"much more likely than not" = greater than 75% level of certainty

"very likely" = greater than 90% level of certainty

"at least as likely as not" consistent with reasonable doubt = equal to or greater than 50%

"not at least as likely as not" = less than 50%

"is not due to" = 0%

Rationale for nexus/causation opinions based on the medical literature, the medical records/claims file, standard medical principles and the physician's experience /training.

An analysis of all other medical opinions contained in the claims file and an assessment of their merits concerning the service connection or potential to be service connected.

[nlkojak]

I am not terribly confident that I will be awarded anything. I am relieved that I am starting physical therapy finally and that it will be paid for by the VA. I don't have a primary doctor besides the VA but I will see if I can find someone to help me with the Nexus letter.