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.

[SpcDearman]

I just noticed they called it "CUE". You need to appeal that, and submit evidence to the contrary. Go through your medical records and find a doc who examined you and opinined to the contrary.

The "CUE" standard is very strict.. AND

the VA MUST go through a very strict process to "sever" service connection. If you can find any evidence to the contrary to make it debatable it isnt CUE. This is all in your favor.

If this is at the BVA level, consider getting an attorney, pronto, to rebut this. And, yes, you may have to pay for an IMO to make this happen.

I apologize but this was not mine I will post mine mementarily.

[rdawg]

the other thing I forgot to mention is if you had an intercurrent injuries. This means did you have a post service injury like on the job where you recieved workmans compensation. If you did and it is documented you will have a tough time getting service connected. That is why the IMO dr needs all of your records. He/She may be able to say that the in service injury made it more likely that you would reinjure yourself in the future and it should still be service connected.

In my case, years before I claimed service connection I went to the Dr many times complaining abount pain and limitation of motiaon. Each time thay asked me,"Did this occur at work, or was it a slip and fall or auto accident?". Each time I answered in the negative.

[SpcDearman]

the other thing I forgot to mention is if you had an intercurrent injuries. This means did you have a post service injury like on the job where you recieved workmans compensation. If you did and it is documented you will have a tough time getting service connected. That is why the IMO dr needs all of your records. He/She may be able to say that the in service injury made it more likely that you would reinjure yourself in the future and it should still be service connected.

In my case, years before I claimed service connection I went to the Dr many times complaining abount pain and limitation of motiaon. Each time thay asked me,"Did this occur at work, or was it a slip and fall or auto accident?". Each time I answered in the negative.

Thats the sad part about it. I have had no slips or trips or falls or anything after the military. I did just like you did and self medicated with motrin and hung in there. I was shocked to get the MRI results. I should have to send paperwork for my records (NPRC has been requested to send directly to me)but shouoldnt I be able to get the C&P exams from the VAMC?

I really do think that I may be able to turn this into my favor. I want to know how qualified this doctor was to opine that my injuries could not be caused by a tank rollover. Just because they rushed me out of the military doesntr mean that they should have not given me an exit physical.

Edited November 6, 2012 by SpcDearman

[broncovet]

Dawg is correct...you need a nexus. Your C and P was "negative" for a nexus. You need to rebut this, and it can only be done with medical information.

In other words, if Doc A says it was not caused in service, and Doc B says it was, then this is a theoretical "benefit of the doubt" putting it in equipose, where you win.

However, sometimes the Board can choose one doc over another and give his reason why they chose one docs opinion. Or, more likely, the VA just "shreds" your positive evidence and you cant figure that out for 5 years.

[SpcDearman]

I have requested my records and will use this to attack the Doctors opinion. I may have to seek someone other than DR. Bash. He may be a bit too expensive for me. i do understand that he is good.

[broncovet]

SPC Dearman

I like Dr. Bash, he has helped many a Vet. However, I think you are right staying away from him for 2 reasons:

1. As you said, he is expensive.

2. He is a little "too good" for his own good. Let me explain. The VA is VERY familiar with Bash. So, when they get a chance, they reject his opinion. You see, often the VA does not have to justify why they picked "Dr. A's" opinion over "Dr. B". They simply deny, citing Dr. A's opinion.

While its wrong for the VA to do just that, they do it anyway, and dare the Vet to challenge them in appeals. It takes a very sharp lawyer to beat them. One reason: The CAVC is not a trier of fact, and must accept BVA's determinations relative to facts in most cases. The CAVC is there to make sure the BVA complied with the laws, not whether the higher court has a different opinion in regards to "issues of facts".

You see, the benefit of the doubt (BOD) should control when 2 docs opinions are in conflict, with a balance of positive and negative evidence. But the VA reaches into their bag of tricks. They cite, for example,

Dr. A's opinion was more probative because Dr. B did not review the entire C file. OR

Dr. B failed to give medical rationale as to why he opined the Vets injury was related to service.

There are several "gotcha's" to BOD that the VA takes full advantage of.