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

[free_spirit_etc]

"Do they win every time. ?"

No... You are going to win. Right now we are just studying the enemy...

[free_spirit_etc]

I don't see where they are able to get by with calling it congenital without a medical opinion stating that it is. (Except for the fact they are the VA). The condition can be congenital; but isn't always. You have back pain. You have a diagnosis. .

[63SIERRA]

I don't see where they are able to get by with calling it congenital without a medical opinion stating that it is. (Except for the fact they are the VA). The condition can be congenital; but isn't always. You have back pain. You have a diagnosis. .

I don't see where they are able to get by with calling it congenital without a medical opinion stating that it is. (Except for the fact they are the VA). The condition can be congenital; but isn't always. You have back pain. You have a diagnosis. .

exactly.. the doctor never said it was congenital so what gives them the right to make that leap. to me,,, that is falsifying government documents. (fraud) ... I never had a C&P where a doctor stated congenital. So how the VA jumped to the conclusion is not fair. Especially since all of the other evidence, points in my favor. This just goes to prove, that the VA is immediately looking thru thier list of non compensable titles, to pin onto a veterans condition. They dont have a shred of evidence stating congenital or developmental defect, in my c-file other than thier own branding iron.

[free_spirit_etc]

I don't find a lot of support for this to be a primarily congenital condition. It seems that some people might be genetically predisposed. But that is different than congenital. Congenital is present at birth.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2200718/

"Spondylolytic defects of the pars interarticularis of the vertebral arch of lumbar vertebrae (LS) have been the subject of several studies [2, 3, 8]. Symptomatic adolescents or patients recruited at spine centres have been the natural focus of investigation, while the distribution of spondylolytic lesions in the general population has received far less attention [27]. The incidence of LS in the newborn is zero [12], while prevalences of LS have been found to be 4.5% in six-year-old school children, increasing to 6% in early adulthood."

http://www.stvin.org/Spondylolysis-801

"The exact cause of spondylolysis is unknown. Some theories point to genetics as a factor, suggesting that those with thinner bones are more susceptible to breakage. Others propose that repetitive trauma to the lower back weakens the pars interarticularis. Spondylolysis also may be associated with conditions that cause instability of the spine, such as lumbar disc degeneration or narrowing of the area where the nerve roots exit the spinal column (the neural foramina)."

[63SIERRA]

in medical terms.. a defect simple means... a flaw or imperfection. it doesnt have to mean its congenital. It could be flawed or imperfect because of a disease or injury, or wear.

Yet because of the way it sounds, everyone thinks its like a bad car or something, it was made that way.

[63SIERRA]

"The exact cause of spondylolysis is unknown. Some theories point to genetics as a factor, suggesting that those with thinner bones are more susceptible to breakage

this surely isnt my case, The chiropractor said he thinks in from the homo neandertholis period. Big bones, broad shoulders, fat neck, just not typical. Ive been a milk lover my whole life.