ptsd New Member

[FireFinder]

I served on Active Duty in the Army from 1984-1988 with the remainder of my 6 year commitment in the National Guard.

I filed for VA Compensation in February 2011, and had my claim completed on September 7, 2012. Of the contentions I claimed, I was approved for 30% PTSD and 10% Chronic Lumbar Strain. I filed for IVDS, Neuropathy, PTSD, and others.

I submitted what I thought was a very solid claim for IVDS related to my lower back injury in 1987 that was denied for IVDS because the C&P examiner opined that it was less likely than not that my IVDS was related to the back injury, and more related to years of wear and tear from being overweight.

So far both my Neurologist and the Ortho Surgeon that did a discectomy in 2006 have declined to write nexus letters. They just can't get past the idea that the original injury is related to IVDS, and blame my weight. Its very frustrating, because I've had nothing but back issues since the injury, and it wasn't diagnosed as a herniated disk until 2006 (no MRI until then).

I've reviewed the training letter on IVDS, and another member's post here about his appeal and hope that I am able to refute this initial denial successfully, but I am seeking an IMO/IME on it if anyone knows a doctor in Oregon/Washington that does them, I would appreciate it.

[mclevela726]

Welcome! Good to see you here!

Just a couple of questions. How do you feel you gained the weight? Had/have you been taking any meds for any of this stuff that may have caused the weight gain? Inactivity due to the aforemention conditions? (Before anyone goes slagging me for the questions please note that I have a B.S. in Nutrition/Food Science/Dietetics, am a Registered Dietetic Technician through the America Academy of Nutrition and Dietetics, working at a hospital as a Dietetic Technician, and halfway through a Masters in Public Health. I think this is an issue that needs to be looked at.) These may be something to bring up when talking to your Doctor.

[Hoppy]

Can you paste the exact wording used by the doctor used to justify the weight problem as being the dominating factor. Bogus C&P exams are a big problem with the VA and the adjudicators at the RO take the doctor's at their word.

It should be a two pronged attack. Bolster the claim with new evidence and attack the evidence against the claim. I am of the opinion that most of these determinations by C&P examiner are not properly supported and are nothing more than speculation.

Researching the BVA decisions is a good idea. However it can be time consuming. All you can do is get some insight into the system. If it were me I would spend my time finding literature showing the relationship between your injury and the onset of IVDS. Take that to a specialist and ask the specialist to comment on his clinical findings and the research you find. Check out the IMO protocol on this website. The doctor doing the IMO must review the file.

I

Edited October 11, 2012 by Hoppy

[#1Cavtrooper]

Welcome!

[Pete53]

Welcome to Hadit. Good Luck with your claim.