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

[free_spirit_etc]

This is on a different condition - but I like the statement:

http://www.va.gov/vetapp13/Files3/1327776.txt

"The law does not require evidence of an in-service disability; rather, there need only be a basis for attributing the current disorder to an injury in service. See Ledford v. Derwinski, 3 Vet. App. 87, 89 (1992); see also Hensley v. Brown, 5 Vet. App. 155, 159 (1993)."

[free_spirit_etc]

This is kind of what I am talking about:

http://www.va.gov/vetapp07/files4/0732329.txt

"In pertinent part, the veteran is service-connected for
lumbar strain with degenerative disc disease, with a 60
percent disability evaluation assigned effective June 7,
1993. The Board notes that the October 2006 VA examiner
attributed the veteran's erectile dysfunction in part to this
service-connected lumbar strain with degenerative disc
disease. The Board also notes that when it is impossible to
separate the effects of a service-connected disability and a
non-service-connected disability, reasonable doubt must be
resolved in the veteran's favor and the symptoms in question
attributed to the service-connected disability. See
Mittleider v. West, 11 Vet. App. 181, 182 (1998). In light
of the Mittleider decision and the VA examiner's opinion that
the veteran's erectile dysfunction is more likely than not
due to multiple causes, to include his service-connected back
disability, the Board finds that the weight of the competent
medical evidence is at least in relative equipoise on the
question of whether the veteran's diagnosed erectile
dysfunction is proximately due to or the result of service-
connected lumbar strain with degenerative disc disease.

Resolving such reasonable doubt in the veteran's favor, the
Board finds that the
criteria for service connection for erectile dysfunction as
secondary to service-connected lumbar strain with
degenerative disc disease have been met. See 38 C.F.R.
§ 3.310(a)."

Edited October 23, 2013 by free_spirit_etc

[scooter318]

TiredCoastie

The accident in 2001 is what actually started my back pain and then on top of me going to the field it was made even worse. But I must say you guys are really giving me some good information that I'm going to take and use and turn things in my favor, like you said in your earlier post "don't quit".

Eric

[TiredCoastie]

Pile on the evidence, Eric, if there's any way to do it. Make your package as airtight and overwhelming as possible. If you can prove that there are additional undocumented accidents while on active duty that made your back worse, then do it. One of the mistakes I think I've made is that I assumed the VA would be reasonable. I was naive.

Injuries get worse over time. Chronic stuff like arthritis sets in as we age. The lack of best care we received on active duty exacerbates the situation. Please, do the best you can to address your back today with the best doctors you can get. You're worth it. And while you do that, ensure that you get that airtight package together.

[scooter318]

TiredCoastie

Thanks for the encouragement I sure am going to make this case as airtight as I can

Eric

[O4life]

Hi everyone.. I am going crazy with my VA claim. I am trying to see how can I get training records of navy landings with the marines from 1986-1988 off the coast of California. The ship I was on was LSD Alamo.... Secondly I am trying to get copies of papers from Okinawa japan. When the marines had an accident on the road with the trucks, or hummers.Would like to be able to get a copy of the ticket they used to get out of motor transport to go on the road.