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

[scooter318]

Chuck

Thanks for the advice, I find a back doctor and have them do the write up for me. I really appreciate the help that everyone has given me I will post back if I have anymore questions.

Eric

[TiredCoastie]

It seems to me that a chiropractor, even one paid by the VA to provide prescribed treatment, is not going to stack up well against an orthropedic surgeon who specializes in backs -- if it comes to this. Scooter, my recommendation is that you use your medical insurance and get to an orthopedic back specialist for your IMO.

Nothing against chiropractors as they've saved me a number of times from extreme pain and loss of range of motion. But they are controversial. When you wind up toe-to-toe with the VA, you'll want the best and most airtight statements from doctors you can get. Don't set yourself up to have your chiropractor, as good as that provider may be, declared to be a non-expert by someone in the VA who doesn't believe in them....even if the VA says officially that they do.

Would it be possible to get a "buddy letter," unit logs, mishap reports, etc that discuss when you were injuried carrying that gear on your back? One would think that might help a lot to establish a service connection to your injury.

Does anyone out there have a history of arguing that the duties assigned to an HM assigned to the Corps has a tendency to cause back injuries? If so, you might find a golden nugget you can run with...

[scooter318]

TiredCoastie

I actually have documentation in my record from the accident that I was in that states the condition of my back was damaged. I had an accident in 2001 driving to work and I had to go to a hospital and I was given a week off work. But the VA said that the reason they denied me was because I didn't go in for follow up when I came back to work so they are saying even though the symptoms I have now are similar to the accident they don't think that they are connected. And it's my fault because I thought that they would see that in my record and know that this was what started my back pain when I went back to the field.

Eric

[free_spirit_etc]

They are wanting you to show chronicity. But it is ironic that if the car wreck happened after service, they would jump on saying that caused it. But keep in mind your doctor doesn't have to be certain. More likely than not, or as least as likely than not works. Possible, may have, might be are NOT good words in an IMO. Do you have any records of treatment since that time, even if not a direct follow up? Also -- do you have family members or friends that might be able to write statements that you have complained of back pain? That would not be instead of an IMO -- but just could add some more support.

[TiredCoastie]

You've got a good point, Eric, but in looking at your original post, you stated that you had multiple accidents or injuries while carrying a load on your back out in the field --

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.

It would appear that you have multiple injuries based on what you've told us. Meanwhile, Free Spirit is right -- your doctor won't have to state beyond a doubt that your back is in its current condition from whatever accident, but that it is more than likely from the accident that is in your records.

Do you have a history of back injury after you left the Navy? If so, the VA could try to say that your back's condition is caused by those injuries. However, if you do not, you've probably got enough for a nexus right now. But, if you did have other injuries out in the field that you did not report and feel that those injuries contribute to your current condition, getting a letter from someone who witnessed the accident could be of great benefit.

The trouble is that the VA doesn't necessarily want to acknowledge facts. For instance, my STRs show that my hearing loss was caused by being in the service. The VA compensation people read my STRs differently than I do as well as any outside ENT or audiologist I've seen. They're probably hoping that you'll give up and go away. Don't quit!

[free_spirit_etc]

I know I have read some cases where people have been granted claims because the cause could not be ruled out. I saw it mostly when I was researching asbestos claims. But if the veteran had in service exposure, and post-service exposure, and smoked -- if the doctor stated that ALL of those contributed the the cancer and one couldn't be singled out and there was no way of knowing how much each contributed -- then it kicked in the rule where if it is impossible to separate the effects of multiple contributing causes - then all of it had to attributed to the service connected condition.

This isn't easy -- and you will need to research and get clear on how it has to be presented. But it is still an idea. I think the same concept should apply to MANY conditions. In fact, I ran across it on asbestos cases -- but I think it originally started with mental claims.

It is different than a doctor saying that it can't be ruled out (because that is just saying it is possible). It is where the doctor says there may be more than one cause that contributed, but this is more likely than not also a contributing cause -- and the effects of each cause can't be separated.

Edited October 23, 2013 by free_spirit_etc