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.

[Capt.]

Hello Dearman,

I have seen Dr. Danny Bartel, North Texas Neurology Clinic,Wichita Falls, Tx, also known as the Agent Orange Clinic. I am enclosing alittle bit about him in the link below. You will count on spending 3 days and extensive testing and schedule, including a top notch Clinical Psycologist, Radiology Imaging and evaluation, and finally EMG, Needle Nerve conductivity test(painful).

He is expensive but very thourogh and a great person but he does not understand the VA and its terminology for writing up a real strong IMO. I was not happy with the way the report was left open and lacked in completeness of the final report. It was ok but it could have been done better especially with an impression of AO by him.

Dr. Bash on the other hand will close the loops and the doors and is more familiar with VA law. I wish I could have had Dr. Bash's knowledge of VA law on IMOs and Dr. Bartels thouroghness incorporated into one.

I am not saying Dr. Bartel is bad,,,,,he is not , actually he is a fine Doctor and does a thorough exam. It is his lack of VA law and what makes a VA IMO different that caused me some problems. If we could get him here on Hadit and let him see why the IMO has to be done their way it would be helpful. Yes I am using his IMO but it is not as strong as Dr. Bash. IF,,,,,and I mean IF you could get Dr. Bartel to write his report to address specifics and to follow the basic IMO information formats required by VA and what we have at Hadit archived. And he would list more his reasonings as supported by "medical rationale" like Dr. Bash does then I would say go with it for sure.

You may PM if you would like and I will explain more. Pretty much what this link will show you is what you should expect. It is unfortunate that Rex King and his wife are no longer there to pick you up at the airport and get you to the Howard Johnson Motel(VA discount for seeing Dr. Bartel) and take you to get your discounted meals at some fine restaurants. He has moved to Georgia and may be moving back but don't know when. He and his wife are wonderful people dedicated to serving Vets. Him being a Vietnam Vet himself.

Pictures also can be used as evidence and the one you described must be taken into consideration if put into admission by you. So that is a good point.

I hope this helps but remember those timelines, and start your counterattack.....NEVER GIVE UP. God Bless, C.C.

AGENT ORANGE CLINIC DR BARTEL NORTH TEXAS NUEROLOGYclinic.pdf

Edited February 24, 2013 by Capt.Contaminate

[SpcDearman]

Hello Dearman,

I have seen Dr. Danny Bartel, North Texas Neurology Clinic,Wichita Falls, Tx, also known as the Agent Orange Clinic. I am enclosing alittle bit about him in the link below. You will count on spending 3 days and extensive testing and schedule, including a top notch Clinical Psycologist, Radiology Imaging and evaluation, and finally EMG, Needle Nerve conductivity test(painful).

He is expensive and he does not understand the VA and its terminology. I was not happy with the way the report was left open and lacked in completeness of the final report. It was ok but could have been done better especially with an impression of AO by him.

Dr. Bash on the other hand will close the loops and the doors and is more familiar with VA law.

I am not saying Dr. Bartel is bad,,,,,he is not , actually he is a fine Doctor and does a thorough exam. It is his lack of VA law and what makes a VA IMO different that caused me some problems. Yes I am using his IMO but it is not as strong as Dr. Bash. IF,,,,,and I mean IF you could get Dr. Bartel to write his report to address specifics and to follow the basic IMO information formats we have at Hadit archived. And he would list more his reasonings as supported by "medical rationale" like Dr. Bash does then I would say go with it for sure.

You may PM if you would like and I will explain more. Pretty much what this link will show you is what you should expect. It is unfortunate that Rex King and his wife are no longer there to pick you up at the airport and get you to the Howard Johnson Motel(VA discount for seeing Dr. Bartel) and take you to get your discounted meals at some fine restaurants. He has moved to Georgia and may be moving back but don't know when. He and his wife are wonderful people dedicated to serving Vets. Him being a Vietnam Vet himself.

Pictures also can be used as evidence and the one you described must be taken into consideration if put into admission by you. So that is a good point.

I hope this helps but remember those timelines, and start your counterattack.....NEVER GIVE UP. God Bless, C.C.

Oh man this is awesome. I am actually getting started now. I want to clear something up real quick though. i placed a remand on this and I think someone thought it was my denial.

the information placed on here today is my actual denial reason. The reason that i say this is because this picture is from 1993 and not from 1970. This picture does show my youthful looks (haha) and is actually in South Korea. guess who helped me even think about my pictures. My fee based therapist. Even if it is not dated, you can definately tell it is before ets. In addition, there is an extremely clear picture of a horrible looking shoulder. I looked t it this morning and told my wife baby its on now.

SPC Dearman, What part of Texas are you located in.This will make it easier to find a DR. closer to you...................Grid

Dalls Texas.

[rdawg]

I think you are getting off track with the pictures and the records.

You said "it appears that they cannot make a link between my vehicle roll over accident and my shoulder injuries"

That statement is incorrect. They have acknowledged your tank accident and your shoulder injury.

They can't make the connection(3rd and final element of SC) between your inservice injury (2nd element of service connection) and your current condition (1st element of SC).

They could have worder it better like this.

Although you have a current shoulder condition and an in service shoulder injury, there is no medical evidence on record linking the two together. The only medical evidence of record is a VA Examination stating that it is not likely that your current condition is related to service.

You need a nexus and that is all.

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."

Edited November 8, 2012 by rdawg

[SpcDearman]

I think you are getting off track with the pictures and the records.

You said "it appears that they cannot make a link between my vehicle roll over accident and my shoulder injuries"

That statement is incorrect. They have acknowledged your tank accident and your shoulder injury.

They can't make the connection(3rd and final element of SC) between your inservice injury (2nd element of service connection) and your current condition (1st element of SC).

They could have worder it better like this.

Although you have a current shoulder condition and an in service shoulder injury, there is no medical evidence on record linking the two together. The only medical evidence of record is a VA Examination stating that it is not likely that your current condition is related to service.

You need a nexus and that is all.

Cool beans. thanks alot for this. I am going to wait for my records and take them to get an IMO.

[SpcDearman]

Ok i have an uneducated question. How can the DR prove that it didnt happen in the military when there wasnt even an exit physical provided?

i reread this and it doesnt make sense.

Edited November 8, 2012 by SpcDearman

[SpcDearman]

I am very sorry to not let this thread die but guess who just got a call to pick up medical records tomorrow at the Dallas VAMC. MEEEE. I will grab themn tomorrow and review them this weekend. Would you guys like for me to start a new topic? It will even have my last c&P exam for that doctors "IMO" on my claim. I love it,. :)

Edited November 8, 2012 by SpcDearman