Was Young And Dumb But Finally Caught On

[63SIERRA]

I have been trying to get what is deserved, for compensation from the va. I would like some opinions on a claim submitted in 1995. A brief description of the claim is I was working under a truck, and an object like a bolt, or rock, or something fell in my eye, and abrasioned cornea was the result. I went on sick call, got ointment and a patch, and wore it abt a week. since the abrasion, I have had several occasions of dry eye, and given eye drops. I learned that 10 percent compensation is appropriate for residuals of corneal abrasion. I plan to file a CUE claim, back to 1995 based on this denial letter. Plz pay close attention to the very first line. They acknowledge in SERVICE medical records, indicated I had suffered a corneal abrasion, then they changed the subject, and distracted to my other, eye, then finally at the end of the denial , stated my injury was not service connected. THE FIRST SENTENCE THE TYPED SAID IT HAPPENED IN SERVICE. !!

Here it is.

Service medical records from March 1990 thru aug 1995 reveal a one time irritation of your left eye. when you had a dust particle enter your eye while working under a vehicle. ( for the record, the rater said it was a dust particle, my medical record states it was an object. rater decided to use particle, to make it sound like a minor injury).

Your eye was irrigated well.The eye exam showed a corneal abrasion with use of an antibiotic and eye patch for 24 hrs.

there were no further complaints of the left eye.

There are no medical records showing an eye disability since discharge. In recent Va outpatient records on sept of 2004 you were found to have a retinal detachment in the right eye. The acute injury of the left eye in service is not related to the current diagnosis of the right eye. (see how the rater tries to distract from the subject at hand), ?

Service connection may be granted for a disability which began in military service or was caused by some event or experience in service.

Service connection for eye condition is denied since this condition neither occurred in nor was caused by service.

I filed for my left eye, not my right, why they even mentioned my right eye, is ridiculous to me. My right eye was injured before I ever joined the service.

Edited September 12, 2013 by 63SIERRA

[harleyman]

what is the va policy on raters inserting false information to deny claims? they clearly invented the dust particle story? why did they not state verbatem what the medical records said? the medical records said " object" ..

unless a person is in a cat 5 tornado, a dust particle isnt going to cause an eye injury.

I don't think the rater invented the dust particle, I think the examiner did.. don't get raters and examiners confused. Raters cannot diagnose nor can they write the medical report. Can you post the C&P exam here for us to look at? I understand your frustration, I too have issues with rating decisions. Hang in there! Edited October 6, 2013 by harleyman

[63SIERRA]

I dont recall getting a C&P exam for my eye. Im going to look thru my medical records, and see if I can find where anyone wrote dust particle in eye, Im sure I never told anyone that, and im sure it wasnt in my in service medical records. I have a copy of my c-file so it should be in there also I would think.

Edited October 6, 2013 by 63SIERRA

[63SIERRA]

under evidence it lists

va treatment records temple tx

va examination VAMC temple tx dated feb 2005

va form 21= 4138 statement in support of claim rec dec 2004

another form 21-4138

duplicate copies of service med recs

social security payment records

service med records from mar 90 thru aug 95

is there anyway to tell if a C&P exam is amongst the above evidence?

[63SIERRA]

how can I indentify a c&p exam in my medical records? does it say C&P?

Edited October 6, 2013 by 63SIERRA

[harleyman]

va examination VAMC temple tx dated feb 2005

It might be this one. But if you have been talking about a recent rating decision the examination would be within the last few months, and more recent. When was the date of the actual rating deciion of the denial of your eye condition?

[63SIERRA]

just found a paper with a official looking stamp of a big eagle on it has

6009 EYE CONDITION not service connected , not incurred /caused by service

will keep digging,