People Denied Claims For Back Injuries.

[63SIERRA]

something im seeing a pattern that the VA does is try and always say that back conditions are congenital or development defects and unrelated to service. They will say, spondylolysis is a congenital or developmental defect. If you look at your medical records, theres something you should take note of. it is an adaptation to the word spondylolysis, and it is THESIS/ So instead of just the word spondylolysis, it will either say spondylolysis with spondylolysis thesis or just spondylolysisthesis. BIG , BIG DIFFERENCE. Most doctors who are not trained in the spinal area extensively do not even know the difference. The va uses this to their advantage to say it was not service connected. But read the definition of spondylolysis thesis and you will see why this word is so important, and the VA tries to omit it in its claims evidence/

spondylolisthesis [spon″dĭ-lo-lis-the´sis]

forward displacement of a vertebra over a lower segment due to a congenital defect or fracture in the pars interarticularis, usually of the fifth lumbar over the sacrum, or of the fourth lumbar over the fifth. adj., adj spondylolisthet´ic.

See the words OR FRACTURE? a fracture is not a congenital or developmental defect. its an injury.

That is what the va is currently trying to do to deny my claim. They disregard medical evidence in my records submitted in 95, that says, there was in deed a fracture in the pars. They knew that wouldnt jive with a congenital or developmental defect, so they said there was no fracture.

The evidence of record said there was a fracture but it appeared to be chronic rather than acute. Nonetheless, it completely contradicts the vas statement that there was no fracture.

Edited May 8, 2014 by 63SIERRA

[63SIERRA]

These people have skills folks. Heres what they did they said, ok, This guys back was clearly injured or aggravated in service, so how do we deny it. Ok first, lets not acknowledge the xray that shows the fracture in his pars/. Deny the claim and say that he has pars defect at l4 with spondylolysis. (dont mention the statement in his records that says spondylolysis spondylolysistheses l4

ok, I submit new evidence in 96( im sure they had it and threw it away, but being i resubmitted it they looked at it again.

Ok so this time, they say, new evidence submitted and the claim still stands as developmental or congenital defect. keep in mind, at this time, they now have these things. an x ray showing a fracture at l4. Sick call slips stating pain shooting down legs and numbness in legs when sitting. a bone scan that states, bone scan suggests that fracture is acute, rather than chronic. possible old seat belt injury.

The va STILL stuck to thier guns, and,SAID " no evidence of fracture".

UNBELIEVABLE!!

Edited May 8, 2014 by 63SIERRA

[ArNG11]

It is unbelievable. I have plenty of hard indisputable evidence as to the damage my injury has caused my back as well. They only reference the world class examination of the c&p doc. It's a joke, but in the end I will be the one with the smirk on my face. Patience and research, a little bit of law dogging and it will work out. Hang in there.

[63SIERRA]

Hell I have never even been granted a CP exam for my back. 3 denials and not one CP exam.

it is because the Raters can see the mistakes in the very beginning of the claim, they denied evidence of record. they dont want to go back there. its an ugly place.

Edited May 8, 2014 by 63SIERRA

[ArNG11]

Hell I have never even been granted a CP exam for my back. 3 denials and not one CP exam.

it is because the Raters can see the mistakes in the very beginning of the claim, they denied evidence of record. they dont want to go back there. its an ugly place.

i have had two and my private medical records blow those exams out of the water. In time, they, the decision makers, will have to face the facts, the evidence, the regulation, and the law.

[carlie]

Sometimes an IMO/IME, (with the examiner being provided a copy

of the SMR/STR's) is the only way to go.

jmho

[63SIERRA]

Sometimes an IMO/IME, (with the examiner being provided a copy

of the SMR/STR's) is the only way to go.

jmho

your right, but the system should not be as such where a struggling , disabled veteran, has to go pay a civillian private doctor for basically a rebuttal, to a lie that the VA has conjured up. If that keeps happening VA disability will be like SS disability, and everyone will need a lawyer for any chance of winning, unless they are one of a very lucky few, who get approved without a hearing before a ALJ.

If you look back , in the not so distant past, thats how SS disability was. It was not as hard to get as it is today. They gave you the benefit of the doubt, if u had reasonable evidence . We paid into that system, so we would have a safety net in out time of need, and it is simply not working, many people hit rock bottom before benefits every kick in, if they ever kick in. its not supposed to work that way. We as citizens are being punished for mistakes that our government has made over the last 30 years, that is fleecing our country into a depression.