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]

This does not work for many conditions, but it does for a "back condition", because

as time goes by the "back condition" and the continuation of the disease progress

going thru different stages and

be referred to under different terminology, by different medical providers.

EX: DDD, DJD, Arthritis, Osteo, etc . . .

Sooner or later it will be evaluated under a specific DC.

JMHO

at this point in thinking DJD degenerative , joint desease, would be a good fit. because that is what is beginning to happen, based on, either car accident, heavy lifting, from my Mos, ect. Let just give the army the benefit of the doubt.. lets say there was a back problem at entrance to service. why doesnt the army do a thourough exam, ? why dont they do bone scans, why dont they do Xrays at entrance physicals? why, I believe its because they dont want to find things that would stop a person from enlisting. They figure, most people do a 4 year tour, so hopefully, they get thier mileage out of you, then out you go, broken or not, and hope you dont file for disability, If you do,,,lie , deny, and ignore. Heres thier problem though, with the internet, and forums such as this one, we are living in an information age, and information spreads like wildfire, . In seconds valuable information can be transfered, that can change peoples lives. The va is going to have to learn some new tricks, because it is in a veterans nature, to help another veteran, and we will share info, and help each other. I will never give up. I may be 112 yrs old, in mc donald demanding to see my claims rep, because in so cenile I DONT KNOW WHERE THE HELL i AM, but I will not quit.,

[63SIERRA]

I sent in the exit exam questionaire proving I still had back complaints upon exiting the army, as my final piece of evidence, for now, and will wait for my DAV rep to call me sometimes this coming week. If no call by friday, I will call him.

[free_spirit_etc]

Wishing you lots of luck!

[phillip.flatt]

thanks Carlie.

How do I post a quote

[carlie]

How do I post a quote

http://www.hadit.com/forums/forum/117-help-files-how-to-use-the-forum/

[63SIERRA]

I called DAV rep yesterday, asking status of my back claim. he calle back today and said he requested my records from va a week ago and still waiting. hard to understand this, as they work in same building.