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]

The VA dr did not diprove that it is related to service. He said it is not likely that it is related to service.

your dr does not have to prove it. he has to say that with all of the evidence considered "it is at least as likely as not that your current condition is related to service". That puts the balance in your favor. The regs state that if all of the evidence is even, 50% for 50% against the claim then the veteran gets the benefit of the doubt and the claim prevails.

You should read some regs on the required evidence and the benefit of the doubt rule as it pertains to VA claims. I got type till I'm blue in the fingers and you may not understand until you read it for yourself.

You are your best and sometimes only advocate for your claim.

Edited November 8, 2012 by rdawg

[tanker2]

Dearman....deep breaths...you have a lot to rebutt to the v.a. this is your initial claim and to be denied is not out of the ordinary. you did not say what your m.o.s was but if it was is any of the combat arms that alone should be mentioned re the tennitus. an independant medical opinion from your doctor saying it is more likely than not your injuries we a result of injuries sustained from your military career. buddy letters supporting your complaints of ears ringing and shoulder pain after the accident. stay on this and answer v.a. on time. good luck. it will all work out.

[SpcDearman]

The VA dr did not diprove that it is related to service. He said it is not likely that it is related to service.

your dr does not have to prove it. he has to say that with all of the evidence considered "it is at least as likely as not that your current condition is related to service". That puts the balance in your favor. The regs state that if all of the evidence is even, 50% for 50% against the claim then the veteran gets the benefit of the doubt and the claim prevails.

You should read some regs on the required evidence and the benefit of the doubt rule as it pertains to VA claims. I got type till I'm blue in the fingers and you may not understand until you read it for yourself.

You are your best and sometimes only advocate for your claim.

dude you are awesome.

[SpcDearman]

Dearman....deep breaths...you have a lot to rebutt to the v.a. this is your initial claim and to be denied is not out of the ordinary. you did not say what your m.o.s was but if it was is any of the combat arms that alone should be mentioned re the tennitus. an independant medical opinion from your doctor saying it is more likely than not your injuries we a result of injuries sustained from your military career. buddy letters supporting your complaints of ears ringing and shoulder pain after the accident. stay on this and answer v.a. on time. good luck. it will all work out.

thank sfor the heads up. to answer you I was the baddest 11m (Bradley dismount, then driver, then gunner) this side of Texas. No seriousl;y i won several driving awards in Korea for operating BFV's. This is how much i know about destroying a M2A2 Bradley. the egine on that thing was $56,000 and the transmission was $65,000. they were talking about making me pay for it lol.

[Gridsmasher11]

Dearman, Sorry you have to deal with the Dallas Medical Center, I hear that it is really bad.I live about 30 miles east of Wichits Falls and just barely fall under the very edge of the Dallas footprint. But since I work at Fort Sill I enrolled in the Lawton/Fort Sill Va clinic since it is much more convenient for me.That puts me in the Oklahoma City Medical Center and I love it................As to an IMO, I found this in the IMO thread http://www.ellisclinic.com/ and this guy comes with pretty good ratings.You would have to make the 3 hour drive to OKC but it might be worth it for a good IMO .If the link doesn't work just type it in the search bar.Their site was up as of this morning.

Also since you are in Dallas I assume that you are dealing with the WACO RO.I have been battling with them starting initially in 1994 when I got out of the service.Started again about 4 years ago with my claims.Waco will do their best to deny your claims.You just need to get all your ducks in a row and keep pushing them back.They told me on 4 occasions that there was NO EVIDENCE of knee problems or flat feet problems while in the military, or currently.I kept pushing,sent in copys from my medical records showing that I went on sick call for these issues more than once.Then I got a copy of the Med Board physical that put me out of the Army at 13 years (and also served as my ETS physical) which showed both my feet and knees as problems.This was done by the LT Col. that was my Orthopedic surgeon.I sent this in as supporting evidence and a couple of C&P exams later I was recently rated at 50% for Bilateral Ples Planus (flat feet) and 10% for each knee bringing me up to 90% total.Waco denied my claim for PTSD 4 times before finally granting it with a 70% rating.So, 3 years ago I was sitting at 10% and now am at 90%.Just get your stuff together, be patient and don't give up.If I hadn't given up in the 90's I would have been rated much much sooner.Also use Hadit as a sounding board and read and read threads.I learned a tremendous amount of info that really helped with my claims just by spending hours reading on here.............Good Luck.........Grid

[SpcDearman]

Dearman, Sorry you have to deal with the Dallas Medical Center, I hear that it is really bad.I live about 30 miles east of Wichits Falls and just barely fall under the very edge of the Dallas footprint. But since I work at Fort Sill I enrolled in the Lawton/Fort Sill Va clinic since it is much more convenient for me.That puts me in the Oklahoma City Medical Center and I love it................As to an IMO, I found this in the IMO thread http://www.ellisclinic.com/ and this guy comes with pretty good ratings.You would have to make the 3 hour drive to OKC but it might be worth it for a good IMO .If the link doesn't work just type it in the search bar.Their site was up as of this morning.

Also since you are in Dallas I assume that you are dealing with the WACO RO.I have been battling with them starting initially in 1994 when I got out of the service.Started again about 4 years ago with my claims.Waco will do their best to deny your claims.You just need to get all your ducks in a row and keep pushing them back.They told me on 4 occasions that there was NO EVIDENCE of knee problems or flat feet problems while in the military, or currently.I kept pushing,sent in copys from my medical records showing that I went on sick call for these issues more than once.Then I got a copy of the Med Board physical that put me out of the Army at 13 years (and also served as my ETS physical) which showed both my feet and knees as problems.This was done by the LT Col. that was my Orthopedic surgeon.I sent this in as supporting evidence and a couple of C&P exams later I was recently rated at 50% for Bilateral Ples Planus (flat feet) and 10% for each knee bringing me up to 90% total.Waco denied my claim for PTSD 4 times before finally granting it with a 70% rating.So, 3 years ago I was sitting at 10% and now am at 90%.Just get your stuff together, be patient and don't give up.If I hadn't given up in the 90's I would have been rated much much sooner.Also use Hadit as a sounding board and read and read threads.I learned a tremendous amount of info that really helped with my claims just by spending hours reading on here.............Good Luck.........Grid

thank you for the sound advice. here is my conspiracy theory. this WILL sound like dejavu to someone on this forum. Its time for reeelection. Veterans are a huge group here in Texas. Rick Perry provided money to reduce the backlog in Texas. Google Houston and Wacko VARO and you will see what I mean. What is the quickest way to reduce the BACKLOG? Try to deny as many people as possible so that they have to appeal. MHO