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

[Navy04]

I know how you feel bud, I finally got my C&P exams in Feb 14 for conditions the VA had not given me an exam before. Guess what, now I am 100% and granted SMC-K for loss of a reproductive organ. God Bless you and good luck. Keep us posted

[Navy04]

Forgot to mention that I was denied back exam last year from the VA when I was medically retired. I had my MRIs in Feb 14, and now my back is so messed up that I have to have a Fusion and Rod put in this year. I will submit an FDC next month and put in for my back again.

[Commander Bob]

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

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

jmho

Shout it from the rooftops! IMO "Independent Medical Opinion"... Thank you carlie.

Edited May 10, 2014 by Commander Bob

[ArNG11]

I have a remark on this. I have kind of stated it before, if they disregard evidence in the beginiing of a claim, and after, say as a request for an increase, what would be the logical conclusion be if you submitted more evidence during an NOD or later? I am getting ready to find out probably in a few months when they answer my NOD, although quite frankly, I believe that time frame to be closer to years. I am not going the DRO route. A senior rater already looked at my case when I first got a decision, a senior rater looked at it a second time when I was granted an increase. It seems to me from my experience and from others on here that it is only at the BVA and CAVC that you might get a fair shake. I have an IMO/IME coming up and I am submitting that evidence as well as the evidence they ignored, but I don't expect the regional office to do much more than what they have already done. Ignore the evidence of record and ignore the regs and law. I will post the results of my efforts and fight.

Back injuries are a big battle. Your chances of getting service connected and getting your foot in the door are great as long as you have in-service medical documention. They, the VA tend to ignore private medical records though. This is just from my experiences so far. JMHO.