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Look At Your Evidence Thouroughly


Guest jstacy

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Guest jstacy

We all have been denied on occasion. We submit claims to the VA then they send out notices and denial letters stating regulations and totally absurd crap.

After having fought the process for the past 15 years I have observed as much as I could and have researched every BVA decision on the web.

I have concluded that the deck is continuously stacked against the Veteran because of the following.

The Military has extremely poor record keeping and once a claims folder is sent to the VARO, It is often not even examined. They just browse over it and miss pertanient evidence and issue denial letters.

Often a poor Vet who gets the letters gives up and turns totally negative. The whole system is adverse to the Veteran for from the recipt of a claim to the recipt of a benefit the claim it is adjudicated backwards. This allows the VA to add their negatisim to the claim.

I suffered 2 personal assaults on board a ship and one I was hit on the left side of the neck with a Battle Lantern and Knocked down a flight of stairs. I FIled for a neck injury that got totally screwed up and turned into a concussion by the VA raters and the DAV. It was denied on lack of recipt of service records. I happened to find the ships engineering log and Guess what I found. It was clearly in black and white, date, time, I also found the medical record for the same. I finally was awarded Service connection for Cervical spine DJD /DDD. The C6 nerve root was damaged and my left thumb locks up. This they denied even though the C@P examiner plainly stated it was connected. I then had another C@P for the same thing for an increase with the same examiner who remembered the first one and became upset and wrote a note. The nerve root damage was caused by a very large bone spurr compressing the C6 nerve root. She wrote her opinion that is was caused by or a result of.

I was also denied for Hypetension and headaches for the VARO stated in a SSOC that the service records were negative for any treatment or complaints for both issues. Well I had the opportunity to see the file and I went right to the section where the it mentioned HTN and Headaches. I had originally submitted the evidence of my complete history of Headaches and Hypertension to the VARO and added a letter from the Doctor who treated me 8 months after I was discharged summarizing the evidence I had already submitted. I filed a CUE claim and My AL service rep said you cant file a cue claim based on new evidence. I told him he was a VA plant and he was a belithering idiot.

Now I have DRO review maybe next month and I Know I will win the claims as well as a couple of secondary claims like heart disease and a lung disorder due to nerve paralysis. Not to mention PTSD ( Not filed yet).

So now we are at the fifteen year point and I am really getting tired of fighting a negative system.

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istacy

I had headaches for 15 years. They kept getting more frequent over the fifteen year period. Eventually I had a headach everyday by noon. The VA did an MRI on my brain and gave me an EEG. They did not find anything. Three years later I saw another doctor who listened to the history of the headaches and was amazed that they did not do a MRI on my neck at the same time they did the MRI on my brain.

As it turned out the headaches were caused by the herniated C-4 that they knew about for many years. The medical books clearly show that any herniation of a cervical disk is capable of causing headaches. Doctors like to play dumb. The more diagnosis they make the more they have to spend on tests. The more likely the patient will wind up on disability. The doctor who got the MRI on my neck and made the diagnosis of cervically generated occipital/temporal headaches with activity stood up for her patients. Sometimes all it takes is the right doctor to get the ball rolling with the VA. All the doctors I saw over the fifteen year period work at a VA hospital. This is not a service connected condition in my case.

As far as claims go no SO, no adjudicator will ever make the association between headaches and or the source of them. Like many other orthopedic, systemic and psychological conditions the only adaquate way to provide veterans with the full benefit of the law is to require that a doctor who has been chosen by veterans advocates review all medical records at the time of discharge. The VA has had the horse before the cart for 100 years. Veterans, SO's and adjudicators are not qualified to make self diagnoses or the initial assesment. It took the congress until the years 2001 to figure out that the VA was totally incompetent in this regard and to make it the law that if you have post service symptoms they are required to schedule a medical exam. They should be required to re-adjudicate all claims prior to 2001 that were denied without a medical examination. Then pay all back pay. I said it before and I am ranting again.

Workers comp. in this state is real simple. You think you got a problem caused by work. The first thing is that your lawyer sends you to see "His" doctor.

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jstacy---How and where did you find the ships engineering log?I too need to locate the one for the ship I was on.I can only find the deck logs which are of no help.

We all have been denied on occasion. We submit claims to the VA then they send out notices and denial letters stating regulations and totally absurd crap.

After having fought the process for the past 15 years I have observed as much as I could and have researched every BVA decision on the web.

I have concluded that the deck is continuously stacked against the Veteran because of the following.

The Military has extremely poor record keeping and once a claims folder is sent to the VARO, It is often not even examined. They just browse over it and miss pertanient evidence and issue denial letters.

Often a poor Vet who gets the letters gives up and turns totally negative. The whole system is adverse to the Veteran for from the recipt of a claim to the recipt of a benefit the claim it is adjudicated backwards. This allows the VA to add their negatisim to the claim.

I suffered 2 personal assaults on board a ship and one I was hit on the left side of the neck with a Battle Lantern and Knocked down a flight of stairs. I FIled for a neck injury that got totally screwed up and turned into a concussion by the VA raters and the DAV. It was denied on lack of recipt of service records. I happened to find the ships engineering log and Guess what I found. It was clearly in black and white, date, time, I also found the medical record for the same. I finally was awarded Service connection for Cervical spine DJD /DDD. The C6 nerve root was damaged and my left thumb locks up. This they denied even though the C@P examiner plainly stated it was connected. I then had another C@P for the same thing for an increase with the same examiner who remembered the first one and became upset and wrote a note. The nerve root damage was caused by a very large bone spurr compressing the C6 nerve root. She wrote her opinion that is was caused by or a result of.

I was also denied for Hypetension and headaches for the VARO stated in a SSOC that the service records were negative for any treatment or complaints for both issues. Well I had the opportunity to see the file and I went right to the section where the it mentioned HTN and Headaches. I had originally submitted the evidence of my complete history of Headaches and Hypertension to the VARO and added a letter from the Doctor who treated me 8 months after I was discharged summarizing the evidence I had already submitted. I filed a CUE claim and My AL service rep said you cant file a cue claim based on new evidence. I told him he was a VA plant and he was a belithering idiot.

Now I have DRO review maybe next month and I Know I will win the claims as well as a couple of secondary claims like heart disease and a lung disorder due to nerve paralysis. Not to mention PTSD ( Not filed yet).

So now we are at the fifteen year point and I am really getting tired of fighting a negative system.

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