63Sierra - New Member Looking For Guidance

[63SIERRA]

Troy I would like your opinion on a claim. I was in an on post car accident while on active duty. The civillian wife hit me in the rear with her car, into the back of my car at a redlight, she had break failure. her husband had did a not so good break job on thier car the day before. I was in alot of pain, and went on sick call. I was diagnosed initially with a fracture pars and spodylolysis and put in a back brace and put on a dead mans profile . I went back in a week, saw another doc, and he said back was broke, but not in accident. He put on the medical record . " old seat belt injury " with a question mark behind it. like he wasnt sure. So ok, I was on active duty for abt a year after that. with frequent visits to sick call with back pain complaints. all documented. So when my tour was up, I filed for several different contentions, with back condition as one of them. The va deny me in 1996 said the back condition know as pars defect, with sponylolisis is a congenital defect, and no related to millitary service. I didnt think to much of it at the time, burt recently started research. I looked thru my active duty medical records, and another doctor diagnosoed my back condition as spondylolysis thesis. I recently went to a chiropractor, and his diagnosis is L-5 spondylolisis thesis. He showed me the xrays and told me my back had been jacked up for a long time, and would take years to get results, and there basically were not alot of good options. He told me what happens is the pars bones, that hold the vertebre in thier proper alignment, can fracture from either blunt force inpact such as car accidents. or if they are weak for whatever reason. Then it lets the vertebre shift forward, out of alignment. Then u start getting nerves pinched an pain, such as I have now, and have been having since the accident while on active duty. So I sent the chiropractic diagnosis to the VA. I also sent a copy of the in service medical record where the doctor diagnosed me with spondylolysid thesis. Which is alot different that just spondylolysis. I had never had, nor complained of any back pain, or problems anytime before the on post car accident. I have had pain and problems with my back ever since the accident, and recieve pain meds from the va for it even now. So my questions are, being I filed for a back condition as a generic term, and the VA assigned the wrong diagnosis, and denied me on that wrong diagnosis,. do I have grounds for a CUE claim. ? if not, should I at least win my current appeal?

2. How can I find out, exactly what evidence the Va had at the time they adjudicated my claim , in other words, how can I find out if they had access to the medical slip where the doctor clearly wrote. " sponylolislis thesis. (I have sent the va a copy with my appeal, so they have it now, but I want to know if they had it then.

Edited September 16, 2013 by 63SIERRA

[63SIERRA]

Was parusing thru my in service medical records, and I found my exit physical report. Where the box says recuurent back pain, there is a check in the box, indicating I was having back pain at the time I exited the army.

There are several slips for sick call from back class in pysical therapy, no running , marching, prolong sitting, .

Then several profile updates, where the extended the profiles.

So I think I have 3 important things.

1/ my exit pyhsical proves I had ongoing back pain and the condition was not resolved.

2/ I have a in service medical record, proving that the diagnosis VA decided for my back injury, was not correct.

3/ I have a verifyable in service accident, that either caused or aggrivated my back.

4/I am still being treated for back pain at the present time.

[63SIERRA]

sure, deadmans profile means you cant do anything.physical , cant do PT, cant march, cant lift nothing, cant run,cant sit for long periods, cant stand in formations long, ect. Its basically puts you in a useless state. I dont think they do that for a simple muscle strain as the va is trying to say it was.

[carlie]

sure, deadmans profile means you cant do anything.physical , cant do PT, cant march, cant lift nothing, cant run,cant sit for long periods, cant stand in formations long, ect. Its basically puts you in a useless state. I dont think they do that for a simple muscle strain as the va is trying to say it was.

OK - I see, ROM limitations.

In posting "deadmans profile" I was thinking at least a Dr Rxing bed rest or writing you were having

completely prostrating / prolonged attacks, etc, admission to intensive care units, etc . . .

[63SIERRA]

a buddy I have who just got off active duty, got me on that phrase, I guess thats the current millitary lingo for the limitations I described.

probably not the best way to describe if it leads people to think I was bedridden, so I will try not to use that anymore,. I dont want to get into the misleading game, like what has been done to me, I will try and stick with the facts.

as far as my medical diagnosis, its just all over the place, possible fracture at L-3, Pars defect with sopndylolysis at L-4. And Latest diagnosis from reputable doctor, is Spondylolysis thesis at L-5.

The RO was sure to put in the denial letter, spondylolysis WITHOUT spondylolysis theses, which is either a mistake, or a lie. because I have the same evidence they had access to, stating THESIS., which means the vertebre was shifted. 'I also just found a sick call slip; ,, stating, back pain, and pain shooting down legs. A clear indicator of a nerve being pinched according to my chiropractor, not " muscle strain" as stated by va. // I just want to go Puke, after seeing how bad theyve screwd me for 18 years.

Edited September 17, 2013 by 63SIERRA

[free_spirit_etc]

"I just want to go Puke, after seeing how bad theyve screwd me for 18 years."

(((Hugs)))

Yeah. I know. I have had the same feeling looking over some of my husband's files and seeing how even when the doctors wrote things that should have supported my husband's claims, the VA cherry-picked certain statements, and twisted and turned others in order to deny the claims. So you definitely want to get copies of all the medical records, and C&P reports and so you can see what the doctors actually said (vs what the VA told you they said). It would be interesting to see if the C&P doctor actually stated the pars defect was congenital, or if the RO just assumed that it was. From what I have read - some pars defects are congenital in nature, but many aren't. And even if it was, there would still be the issue of aggravation in service. I would think that as you went from being able to do heavy work with no problems, to having recurring back pain - that issue would have to be addressed.

On the brighter side - it does look like you have a strong case going - and the fortitude to carry out the claim and so they get it right this time. Hopefully, you will also be able to build a claim for an earlier effective date.

[free_spirit_etc]

Most likely, if the car wreck had occurred after you were out of the service, the RO would agree the car wreck caused your back pain.