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]

so I wonder if I Can get a doctors opinion whether or not they see any evidence of platyspondylisis, if that would firm up my case, and weaken the vas stance that it is congenital or developmental defect.

[free_spirit_etc]

I am not sure if you would have to go that far... but having it noted that it is acquired, rather than congenital, would probably help.

http://www.icd10data.com/Search.aspx?search=spondylolysis&codebook=AllCodes

OR, if the doctor would say it was congenital, then a statement that the inservice injuries were superimposed on it.

But also -- it is interesting that the Court said just because it has defect in its name doesn't mean it is a defect in the legal sense, because they even said the Board had to request the doctor determine if it was a defect (would not improve or deteriorate) or disease (can improve or deteriorate).

[free_spirit_etc]

" I had my right kidney and adrenal gland removed. I found the information online and the DAV submitted it and I won it."

It was granted just with information from a study?

[63SIERRA]

" I had my right kidney and adrenal gland removed. I found the information online and the DAV submitted it and I won it."

It was granted just with information from a study?

" I had my right kidney and adrenal gland removed. I found the information online and the DAV submitted it and I won it."

It was granted just with information from a study?

as far as I know , thats all it took, The study was done by an accredited university over 10 years time period. A lawfirm had used it in another case, and won. So I just copied the information . printed the one page and gave it to DAV rep. Dav rep read it , licked his lips and said " this is great"! I will dig up a link.

[63SIERRA]

Renal and urology news

kidney cancer linked to hep c virus.

google that and it will bring up the article,.

the law firm that used it in a case to win a guy his case was LAVAN & NEIDENBERG P.A

[63SIERRA]

I submitted those 2 documents that I found all on my own, by accident, and that won my kidney cancer case.

Dav had no idea HCV and RCC were linked. Im sure many vets have it and dont know it, because its a silent killer, they found mine by accident while doing a untrasound of my liver. BIG growth on the kidney and adrenal gland. Perforned radical nephrectomy of kidney and adrenal gland, left 13 inch scar,/. va rated scar at zero percent. said it wa 0.01 mm long and superficial. I looked up the definiton of scars, and there is no superficial scar. They wordplay , to downplay. so thats under review as well.