Just Received My Brother's Smr

[jessie0054]

Hello again :

Late last month i wrote that the VA was going to reduce my brother's amount of the Pension he recieves from the military for not reporting a little job that he was given by the Mental Health Department.

I sent for his SMR to see if there was any condition he was seen for while in the Army that he might be service connected for due to his " Nerves" and his Mental Condition today.

In looking at the SMR there is nothing in them about being seen at any time for his nerves, There is something that i think he might/could be service connected for but i will need to see all his medical records since his discharge.

He was seen in { sick call } for complains of [1] CHEST PAIN [ he has a heart condition he is treated for today with i think 2 stents]

He was also seen several times for complains of [2] LUNG PAIN, Treated as a chest cold altthough he didn't have a fever but once during the sick calls.

I remember he had had problems with his lung for many years and has been in the hospital several times for his lungs collasped many times.

[3] He is shown by the SMR to have injured his back 2 times. and his right knee 2 times in a fall.

I know that he has had complains of back pain for many years and thought that was why he was receiving what we thought was a disability check all these years, Had no idea it was the Pension he was receiving.

As you might remember i wrote that he has Lung Cancer and was operated on Oct 2, 2006 to removed the upper lobe of his right lung. He was just removed out of ICU last night after many problems during his stay in ICU. He has fallen twice during this stay because his legs give out.

Question!!

Since it shows he has 2 back injuries [ low back] is there anyway to connect this to his current cervical spine disability?? He has had to have at least 2 operations over the years for fusions in this area??

Any suggestions??

Should i try to file claims for him??

Thanks, Jessie

[Berta]

I would certainly file claims for each of these conditions and send copies of highlighted SMRs that show a nexus to each of them.

However it might take good independent medical opinions to associate all of these or any of them to his service.

Since he has had considerable medical care for his present conditions, the doctors who have treated him might be able to render the opinions regarding each disability.

Was all of his treatment at VA or at private medical facilities?

When you get copies of all of his medical treatment records, perhaps the possible nexus has been already documented by a doctor.

His claim will take much work as so much time has evolved between his service and his present illnesses. Many BVA decisions show denials because of so much time passing between a SMR entry and a full bown major disability.But nothing is impossible.

Does he have a service officer?

Has he filed a Notice of Disagreement on the proposed reduction of the pension?

[jessie0054]

I would certainly file claims for each of these conditions and send copies of highlighted SMRs that show a nexus to each of them.

However it might take good independent medical opinions to associate all of these or any of them to his service.

Since he has had considerable medical care for his present conditions, the doctors who have treated him might be able to render the opinions regarding each disability.

Was all of his treatment at VA or at private medical facilities?

Berta:

Most all his treatment has been with the VA, in MO, AR, and KS except for the last few months he went outside the VA for this last surgery on his Cervical Spine and his surgery for Lung Cancer.

When you get copies of all of his medical treatment records, perhaps the possible nexus has been already documented by a doctor.

I will search through them as soon as i get them to see what has been documented.

His claim will take much work as so much time has evolved between his service and his present illnesses. Many BVA decisions show denials because of so much time passing between a SMR entry and a full bown major disability.But nothing is impossible.

Does he have a service officer?

Yes, He has a service officer!! I set him up with one before he went into the hospital for the CA surgery.

Has he filed a Notice of Disagreement on the proposed reduction of the pension?

His Service Officer said he will file this and a waiver just as soon as he gets something from the VA on how much they say he was overpaid...

Thanks so much Berta for any suggestions !!!

Jessie

[Philip Rogers]

You stated "His Service Officer said he will file this and a waiver just as soon as he gets something from the VA on how much they say he was overpaid..."

It may be too late to stop the reduction. Generally you have a very short time to send your disagreement with a proposed reduction notice. If you fail to comply with the NOD time constraints, the reduction takes place. Then a somewhat lengthy appeal process begins. Sounds like your VSO is failing in his job. jmo

pr

[Vike17]

If your brother has had treatement after discharge for those conditions that are listed in his SMR's, he needs to send them to his RO with his claim for service-connection. If those medical records after dischrge are kind of spotty, meaning large gaps of time in between treatments, then he'll need IMO's to connect the inserve occurances to his current diagnosis.

As far as his low back problems in service and his current cervical spine disabilities, they are generally rated seperately if each spine segment warrants up to, I think, 40%-50%, After that the lumbar and cervical spine are rated together if there is stiffness (ankylosis) of the entire spine. Also, I believe there is medical litrature out there that supports a cervical spine condition being caused initially by the lumbar spine. However, his doctor would have to make that connection in a good IMO.

Vike 17

[jessie0054]

If your brother has had treatement after discharge for those conditions that are listed in his SMR's, he needs to send them to his RO with his claim for service-connection. If those medical records after dischrge are kind of spotty, meaning large gaps of time in between treatments, then he'll need IMO's to connect the inserve occurances to his current diagnosis.

As far as his low back problems in service and his current cervical spine disabilities, they are generally rated seperately if each spine segment warrants up to, I think, 40%-50%, After that the lumbar and cervical spine are rated together if there is stiffness (ankylosis) of the entire spine. Also, I believe there is medical litrature out there that supports a cervical spine condition being caused initially by the lumbar spine. However, his doctor would have to make that connection in a good IMO.

Vike 17

Thanks Vike 17:

I will be getting all his medical reports soon i hope and then i can go from there.

I think he has had treatment all through the years on his back, Not sure when he first sought treatment on the C-Spine But i think his present Dr. will help him out.

Do you know where i might find the litrature that supports the Lumbar Spine and C-Spine connection?

Thanks,

Jessie

[jessie0054]

You stated "His Service Officer said he will file this and a waiver just as soon as he gets something from the VA on how much they say he was overpaid..."

It may be too late to stop the reduction. Generally you have a very short time to send your disagreement with a proposed reduction notice. If you fail to comply with the NOD time constraints, the reduction takes place. Then a somewhat lengthy appeal process begins. Sounds like your VSO is failing in his job. jmo

pr

PR:

Thanks for your input:

I believe there was something summitted by my Brother and my mother wrote a letter in support of his conditions both physical and Mental at the time he received the notice. That was before i got involved. All this was given to his SO at the time i hooked him up. So, I'm taking that the statement given by my Brother was an NOD. But then i'm not sure either, So guess we will have to wait until we hear something further.

Jessie