Va Compenstation Question

[scooter318]

Hello Everyone

My name is Eric and I'm new to the site and so far from reading this it is really a wealth of knowledge. I was talking to my sister on the way to work this morning and she told me to come to this site and post my question and get an opinion from people who have been through it and can probably give you an answer really quick. I filed for VA compensation on January 18th of this year and I had a claim in for my back and my appendectomy scar because of the pain that I have. Everything went through and I went to my C&P exam on the 27th of August and I received a letter in the mail from the VA about 2 weeks ago stating that I rated 10% for my appendectomy scar pain and 0% for my back. This is the think that I wanted to know, currently the VA has me seeing a private chiropractor 2 times a week for the next 3 months and then I'll go back to them for follow up and before they referred my out I was seeing the VA once a month for my back. The provider that I'm seeing now actually sat me down and showed me the X-Rays and the lower part of my back where L-4 and L-5 meet are some what separated and out of alignment and that's why I'm in so much pain. I was in the Navy and station in 29Palms with the Marines for 3 years and out in the field all the time, I was a corpsman and I walked around with my gear on my back and took a few falls with caused the injury, but me being macho didn't go get my back looked at when I started having back pain and just dealt with it. Now it's really bad and I filed for it but they are saying that in so many word if it's not in our record we aren't going to compensate you for it. I wanted to get the groups opinion on filing an appeal, do you think that it's even worth it or should I leave it alone because I probably won't get rated for my back. I talked to several people and I've heard different story from some saying that I should because I can and other saying no because I'm wasting my time and I'm stuck at 10%. I wish I would have went and had this added to my medical record when I had the chance but I just didn't know. Thanks in advance for the advice and I hope to hear from you soon .

Eric

[carlie]

Hello Everyone

My name is Eric and I'm new to the site and so far from reading this it is really a wealth of knowledge. I was talking to my sister on the way to work this morning and she told me to come to this site and post my question and get an opinion from people who have been through it and can probably give you an answer really quick.

I filed for VA compensation on January 18th of this year and I had a claim in for my back and my appendectomy scar because of the pain that I have. Everything went through and I went to my C&P exam on the 27th of August and

I received a letter in the mail from the VA about 2 weeks ago stating that I rated 10% for my appendectomy scar pain and 0% for my back.

Welcome.

So this means you were granted:

1) SC for your scar with an evaluation of 10 % because the scar is painful.

2) SC for for your back evaluated as non-compensable.

This is the think that I wanted to know, currently the VA has me seeing a private chiropractor 2 times a week for the next 3 months and then I'll go back to them for follow up and before they referred my out I was seeing the VA once a month for my back. The provider that I'm seeing now actually sat me down and showed me the X-Rays and the lower part of my back where L-4 and L-5 meet are some what separated and out of alignment and that's why I'm in so much pain.

What does it state (word for word) in the Reasons and Bases Section of the rating decision, in regards to your back ?

I was in the Navy and station in 29Palms with the Marines for 3 years and out in the field all the time, I was a corpsman and I walked around with my gear on my back and took a few falls with caused the injury, but me being macho didn't go get my back looked at when I started having back pain and just dealt with it.

Now it's really bad and I filed for it but they are saying that in so many word if it's not in our record we aren't going to compensate you for it.

If your back was granted as SC'd - it no longer matters why, in other words, regarding your back issue,it no longer matters

that you were in the field all the time, that you walked with gear on your back (as did most vets) and you took a few falls.

With SC being granted for your back (and the decision will state why), I believe what you want to know is why it's non-compensable.

The decision will also spell that out - post that part.

Apparently a back condition of some type WAS in your records, or VBA would not have granted SC for it.

Compensation is based on current level of disability.

What does the decision state as to WHY it has been adjudicated as non-compensable ?

I wanted to get the groups opinion on filing an appeal, do you think that it's even worth it or should I leave it alone because I probably won't get rated for my back.

From what you posted you have been RATED for your back.

SC even at zero percent, is still a win.

I talked to several people and I've heard different story from some saying that I should because I can and other saying no because I'm wasting my time and I'm stuck at 10%.

I wish I would have went and had this added to my medical record when I had the chance but I just didn't know. Thanks in advance for the advice and I hope to hear from you soon .

Your back HAD to be in your SMR/STR's or it would not have warranted SC.

JMHO - carlie

Eric

[scooter318]

Carlie

I just looked over my paperwork and I mislead you, I was given not 0% I was denied SC for my back. But when I read through the paperwork for real this time and not just put it in the drawer. They did see where I had a back injury but because I didn't go back for a follow up they denied me. Below are the exact words from the paper work " Your service treatment records show that you were involved in a motor vehicle accident in February 2001. It was noted that you were discharged from a civilian emergency room with thoracic back pain. You were noted to have slight resistance to lateral range of motion and were prescribed motrin. There is no evidence in your record of any follow up treatment or of a chronic condition related to your lumbar spine. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. We did not find a link between your medical condition and military service and the VA medical opinion found no link between your diagnosed medical condition and military service.Although you have been diagnosed with anterior subluxation of the sacrum with residuals of low back to include radiculopathy, the VA examiner has stated that this condition is not at least as likely as not connected to military service.

[Chuck75]

Scooter318

It looks like an NOD and IMO are in your future. The injury originated in service and was not service connected.

Was the VA examiner a board certified specialist, or just an "ordinary" doctor or NP?

[scooter318]

Chuck

Thanks for responding to me but can you tell me what an NOD and IMO stand for?

[Philip Rogers]

Here's a link to terms used here: http://www.hadit.com/definitions.html It'll make it easier to understand posts and responses here.

pr

[free_spirit_etc]

Filing a Notice of Disagreement (NOD) with the VA decision.

Getting an Independent Medical Opinion (IMO) from a private doctor that links your back condition to your military service.

Chuck
Thanks for responding to me but can you tell me what an NOD and IMO stand for?