Grounds For Cue That Never Seem To Come Up.

[63SIERRA]

rarely if ever, do I hear of or read of claims where the va has even considered aggravation of an existing illlness or injury. clearly its part of the 38 regs, but they seem to just skip right over it, and dont even acknowledge it. in all of my claims, not one time is aggravation of any conditions ever mentioned. This is a issue I thing we need to press the va on, when fighting back, and trying to win our claims. It may even result in CUE claims in many instances, especially those early claims where they simple state, that the condition was a congenital or developmental defect and they never consider the aggravation aspect.

[63SIERRA]

Its almost the same as if I went into the army with a slight limp. I then get clipped by a deuce and a half, and it makes me limp really badly. they have to pay for that. they cant say , well being we think you had some kind of problem when you came into service, and it was made worse, you were shot to hell anyway so we aint comping you. it dont work like that. They checked me out from top to bottom, and gave me a clean bill of health., had me duck walk, stand one one foot, rub my tummy and chew bubblegum and all was good to go. They cant wait till u get injured then say,,, hmmm you have defects ,, thats what happened you defective bastard, no comp for you.

[jbasser]

Remember this phrase. Only to the extent of the agravation.

[john999]

The VA said at first that my anxiety, depression and PTSD was congenital because I had a personality disorder. I did not have anxiety, depression, PTSD and psychotic symptoms before I went to Vietnam. When I got back I was in a military hospital for 2 months due to these problems. The VA said I had a PD. Somehow I got lucky because they said I had schizophrenia as well and granted a 10% disability. So I went into the army in 1969 with no mental health issues and I came out with schizophrenia and an anti-social personality. It was all my fault. I just could not fly right. Bad genes I guess. However, with treatment that I paid for I improved enough to get a college degree which the VA then used against me to say I was a fraud. They tried to take the 10%away from me, but 15 years had gone by so they could not get away with it. I did not know then that the VA disability system was a criminal fraud itself.

[63SIERRA]

Remember this phrase. Only to the extent of the agravation.

well heres the deal, I wasnt complaining of nerve pain, before the accident. So something had to shift enough in my spine, to cause that symptom. that in itself should have been plenty to award me. muscle spasms dont cause spinal nerve pain as the RO is trying to say. They dont send you to physical therapy for weeks, and put you on profile for a month for a little muscle spasm. They dont put you in a back brace for a week for a muscle spasm.

The screwed up 3 times, 1st time they didnt consider all of the evidence.

2nd time they denied evidence and said my back wasnt fractured and there was evidence it was, they just didnt know when

3rd time they said new and material evidence hadnt been submitted when it had/

so its clear that they just refuse to consider the evidence because they can see thsat this could go all the way back to 95. and it is going to go back to 95.

Edited May 2, 2014 by 63SIERRA