Yep. Looks Like I Got My Denial Letter Today.

[SpcDearman]

Was denied for all of my conditions. It appears that they cannot make a link between my vehicle roll over accident and my shoulder injuries.

"Service treatment records show complaints of shoulder pain after a tank rollover in November of 1994. A diagnosis of mild contusion was listed. There were no additional complaints, diagnosis, or treatment related to the shoulders while on active duty."

Here is the kicker:

"On VA examination, diagnosis of the left shoulder blah blah were listed and the EXAMINER opined that your current disability was not likely related to the contusion noted during military service."

I am not going to get mad and let this ruin my evening. You guys prepared me for this. I know that I was fine before I ran a Bradley sideways into a tank ditch at 35 miles an hour. I know that it has to be documented. The examiner simply thought that there was no way that it could cause the damage that I have. I have requested all of my military personnel and medical records. This week I will also gain copies of every C&P exam that they have on me.

Do you guys think that I should get a VSO? You guys are really all that I have.

[rdawg]

sorry to hear about your denial. Take the copies of records you have requested and get an IMO. You may be able to get your PCP to write one but at this point I think you need a pro like Dr. Bash. If he thinks your condition is service connected he will write an IMO that will win.

Submit the IMO and ask for a reconsideration of your claim based on new evidence. If you do this within a year you will retain your effective date of your original claim.

Good Luck.

[Capt.]

Rdawg,,,,,that is excellant suggestions for our member. I would do that spcdearman. However I would not get a VSO .....I would get a Lawyer for sure and continue with a leveled playing field. NEVER GIVE UP God Bless, C.C.

Edited November 6, 2012 by Capt.Contaminate

[SpcDearman]

Hey guys let me ask you something. Basically ,(by not getting mad and breathing), I have determined that here is the lone reason that I am denied. They "SAY" that the damages that I have in my shoulders could not have been from that vehicle rollover accident. But how would a c&p examiner know. I sat in limbo and asked the va why my claim was taking so long for such a cut and dry case. They were waiting for a medical opinion. Turns out it was from an orthopedic surgeon. How can a doctor say that the injuries did not happen in the military even though it is documented and he cannot say how it happened. I was in a C&P exam and the doctor said " Wow what happened to you. A car wreck. I have never been in a car wreck since I have seperated so how could it not be. I mean it makes no sense whatsoever. I see if I had only had a few shoulder issue but this was numerous complaints. VA has really made me mad now. I see to lowball me but to flat out lie? How could he state that the wreck was not bad enough to make these injuries but actually aknowledge that I was involved in a tank rollover accident. Go figure. Man, even with an obvious nexus I still was denied. I really honestly think that it was just to decrease the backlog of claims at the Waco VA>

[broncovet]

Once the doc opines something like this, you have to attack the exam. You can do this in one of 3 ways, the least expensive first:

1. Get a copy of that (unfavorable) med exam. Did the doc list his qualifications? He should say, something like "Orthopedic surgeon...board certified, etc, etc. If he does not, then file a Nod alleging the doc was not qualifed to make this negative statement. A statement that your condition was not related to service is negative, and you have to rebut it someway. You can also rebut that, arguing the examiner did not give his medical rationale as to "Why" it was not related to service.

2. Get "new and material evidence". In other words, go to your VA, tell them you dont like that doc, and you want another one. If he writes something in your record suggesting your injury was related to service you can use his statements to rebut the c and p examiner.

3. Get an IMO/IME. You go to a private doc who specializes in IMO's

In either of these three cases you will need to appeal, so get your NOD ready. Its frustrating but most of us have been through it. Here, I will move over and you can climb on the hampster wheel with me.

[SpcDearman]

I am not feeling to well today (cold front and arthritis) and probably will miss work again. Here is the funny part about my enlistment. I was seperated without an actual physical. Basically, I sat in an office with about 1 hour left in my enlistment ( First SGT rushed me out) and a doctor came to me and said. Ok, do you have any injuries that you may want to claim later that you are experiencing. I told him about the tank accident and my lungs. He wrote this information down and performed no examinations. My exit physical took all of 10 minutes. I spent 5 waiting. If I had known I would have ensured that I had my exit exam. I didnt even get a dental exit exam and it states that on my DD-214. But this would not help would it?

[SpcDearman]

Bronco

Is there any more room on that wheel with YALL?

Here is a remand (?) i think?

However, a review of the

January 1988 rating decision reveals that it was clearly and

unmistakably erroneous for failing to grant service

connection for tinnitus. The evidence at the time of that

decision showed a motor vehicle accident in service with

complaints of head pain and neck trouble, as well as a report

at the time that the Veteran may have hit his head on the

front mirror at the time of the accident. The Board thus

finds that the RO's January 1988 conclusion that there was no

evidence of in-service head injury was clearly and

unmistakably erroneous.

This is me in a nutshell

Edited November 6, 2012 by SpcDearman