Appeal/substantive Form 9

[Ryguy]

Hi,

I currently have an service connection rating for my lumbar area. I placed a claim in 2007 for neck and upper back service connection. The claim was denied as there was nothing in my service records about neck and upper back issues. I appealed the VA's decision. After the appeal I had to have another exam, I had the same original examining doctor, who had a formed opinion prior to me being seen, and my Independent medical opinion wasn't even considered . ( All of these things were mentioned in my form 9).

After receiving the statement of case, my va rep recommended the form 9. The form 9 was filed January 3, 2012 . My claim hasn't moved since and ebenefits says its still @ the VARO. When I call the 1800 number I was told its a 1.5 year wait on form 9 appeals.

My question is this, has anyone ever seen the BVA give weight to benefit of doubt or not considering my medical opinion. ? My doctor even put in his notes that at my young age it's evident that my upper back issues are from the accident I was involved in during service . I chose a bva video conference when my docket number comes up.

All opinions and suggestions are appreciated ..

Edited March 6, 2013 by Ryguy

[Ryguy]

Hi Carlie, thanks for all your help.

I'll just type it all out, since I dont have access to a scanner. Mind you my claim was initially receiveld on 1/17/2007. The IMO isn't listed in the Evidence nor the Reasonings and Bases. But i just realized the medical evidence reviewed also included a mental therapist I went to, and it says that I never mentioned anything about my upper back and neck in the meeting with this Dr. (I went too this therapist because i was depressed, we never discussed pain issues. Is this something I bring up when I do my video conference with the BVA

THE IMO states: 2/14/2011 Cervical strain slight sxs of radiculopathy. Sequelae of MVA while in service. He goes on to say

that in his opinion it is more likely than not that my symptoms come from this accident. ( This statement is from primary care physican at the VA)

The other issue is that the examiner asked if i was involved in a automobile accident in 2003 , which is post service, I told him I wasn't involved in an accident, but my car was damaged while parked in a parking lot in 2003. I also wrote a statement for the decision review officer after being questioned about an accident in 2003, stating "I wasn't involved in any other accident."

In the reasoning section of my SOC, it says "It is less likely than not that my current neck pain first noted in post service treatment records from 2008 is related to the inservice motor vehicle accident in 2001. It is unlikely that my neck pain manifesting 8 years later after the in-service accident could be residual of that accident. Also, the medical evidence fails to show that this condition had its onset in service, or that this condition was manifest to compensable degree within one year of your discharge from active duty. Also medical evidence fails to suggest that this condition is caused by your service connected degernative joint disease of the lumbar spine.

Today while cleaning, I ran across chiropractor notes from 2005 when i had treatment for my neck and upperback and lumbar help. The notes are not electronic, but typed but they get the point across.

What should I do Carlie??? when i'm this far into my case. my original submission date for this claim was 1/2007. and i'm 400 days into Form 9 being submitted. When i talk to the VSO, they state its 467 days before your claim starts moving after submitting

Edited March 8, 2013 by Ryguy

[carlie]

Ry,

About all I can add is that any and all medical evidence you have that

the injury had it's initial onset during active duty, needs to be of record

for consideration.

Even if it's only enough to bring the BOD in for application.

[Ryguy]

Ok, thank you so much. I've collected chiropractor notes, its not too late to add these files before I have my BVA hearing is it? Also the examiner not reviewing my IMO, that does give me a little hope correct?

Edited March 9, 2013 by Ryguy