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

[ketchup56]

Any ortho doctor would know the diffence between spondylolsis and spondylolisthesis. Va always does this. Were you subject to SUPERIMPOSED injury in service? Of course you were. See VAOPGCPREC 82-90(July 18, 1990). Esthesis is an acquired condition almost always caused by spondylosis. When did esthesis condition occur during, before, or after service?These are questions if asked by you must be answered at least on appeal by c&p exam/opinion. Your back was a huge " risk factor" for any other conditions superimposed upon.BVA uses the "MERCK MANUAL"often as reference in their decisions. If possibly you can get a copy of Merck Manual look at and submit as evidence "MERCK MANUAL,5,CH.62,pp504-505(17th.ed.1999. See also "DORLANDS ILLUSTRATED MEDICAL DICTIONARY 1563(28th ed. 1994). Maybe try local library for copies. I have these condition,with bilateral lower sever radiculpathy and neuralgia L-2 thru S-1 so I know how you feel with this. Sounds like you need to get this to somewhere where someone can read and COMPREHENE (bva maybe????) your claim which in turn you get a new c&p with this new evidence.

[ArNG11]

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

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

jmho

Yes and no. I know from personal knowledge that the VA c&p doctor did not review my records, yet his opinion is given more weight than my private physician, which incidentally has been treating me since 2009. A dr. or so called dr., who did not review my records, opinion counted more than my evidence. So much for the benefit of doubt huh. I will say that I have followed the IMO/IME route, however, if they, the VA, ignored evidence since the beginning of my claim, what should prevent them from doing it again? I did obtain my C-file and it, my evidence was there, along with other veterans records, imagine that. I have little faith in the whole process, but heh, it's not a good fight if it is not a hard one. I was lucky with my evidence as my back injury, HMMV accident, was documented in my SMR, however, they have failed to follow due process, ignored the benefit of doubt, ignored the CFR and have broken a few laws, not to mention dr.'s deliberately manipulating records and examinations to keep the rating low.

Well I got off topic, please oh please, I offer this advice, before you file a claim make sure, be absolutely sure that your SMR has documentation of said injury, in this case a back injury, or disease because it will be hell to service connect and get a fair rating according to regulation and law. IMO/IME, independent record reviews, are fairly expensive.

Edited May 9, 2014 by arng11

[63SIERRA]

"I was lucky with my evidence as my back injury, HMMV accident, was documented in my SMR, however, they have failed to follow due process, ignored the benefit of doubt, ignored the CFR and have broken a few laws, not to mention dr.'s deliberately manipulating records and examinations to keep the rating low. "

HELL they havent even service connected mine yet, and I have the same evidence.

thanks for all of the information and support.

[63SIERRA]

Any ortho doctor would know the diffence between spondylolsis and spondylolisthesis. Va always does this. Were you subject to SUPERIMPOSED injury in service? Of course you were. See VAOPGCPREC 82-90(July 18, 1990). Esthesis is an acquired condition almost always caused by spondylosis. When did esthesis condition occur during, before, or after service?These are questions if asked by you must be answered at least on appeal by c&p exam/opinion. Your back was a huge " risk factor" for any other conditions superimposed upon.BVA uses the "MERCK MANUAL"often as reference in their decisions. If possibly you can get a copy of Merck Manual look at and submit as evidence "MERCK MANUAL,5,CH.62,pp504-505(17th.ed.1999. See also "DORLANDS ILLUSTRATED MEDICAL DICTIONARY 1563(28th ed. 1994). Maybe try local library for copies. I have these condition,with bilateral lower sever radiculpathy and neuralgia L-2 thru S-1 so I know how you feel with this. Sounds like you need to get this to somewhere where someone can read and COMPREHENE (bva maybe????) your claim which in turn you get a new c&p with this new evidence.

yes the RO know damned good and well I have spodylolysis thesis, but they will not call it that, they say,, pars defect with spondylolysis (also claimed as back condition.. they know what they are doing, they keep the wording of THIER diagnosis , (which they are not supposed to be doing), with the reason to deny the claim. my diagnosis in service was and still is SPONDYLOLYSISTHESIS, but they will not acknowledge it, because it doesnt fit, now, and didnt fit thier denial then. The claim is in the early stages of appeal, I have not recieved a SOC yet, so im waiting on that. I will be very well prepared when its time to go see the wizard, thanks to you guys.(and gals) I appreciate you all.

Edited May 9, 2014 by 63SIERRA

[carlie]

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.

It is what it is and that is what we have to work with.

You think it stinks now - talk with others that filed claims in the 60's and 70's.

If it weren't for vets and organizations raising he**, it would be more horrible

than it is now.

Remember - NO POLITICS !

[63SIERRA]

wow this is really good

http://www.va.gov/vetapp03/Files/0316212.txt