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The Long Journey


Malnick

Question

I put in a claim 6 years ago. It went from RO to BVA followed by going back to RO on remand. It sat in the Boston RO office for three years and was looked at after they received a call from the Washington Central Office. They denied it again and from here it goes to BVA again.

One issue pertained to a leg injury that has never been resolved. This was documented at least 15 times through the military and VA hospital. RO’s response was my records show a history of sciatica and neuropathy, but does not provide evidence required. Another was a back issue that continues to worsen. I use the VA and must pay for any treatment received to include service connected injuries. I retired with 25 years of service between Active Duty and Army Reserve.

Military Medical Appointments and Documentation for Left Leg/ Foot

03/03/04 Medical Fort Gordon: Leg Pain—12/10/03 thru 04/30/04 Fort Gordon, Ga

01/22/07 DD Form 2807-1 Foot/Leg Pain

04/14/07 DD Form 3349: Physical Profile: due to leg issue

01/22/07 Mobilization Exam: Documented Leg Issue

05/19/08: DD Form 2697: Medical Assessment Fort Bragg N.C.: Leg issue

VA Hospital Appointments and Documentation for Left Leg/Foot

09/07/05 Image of left ankle

10/07/05 Physical Rehab: ankle/foot pain

11/21/05 MRI of leg/ankle

01/13/06 Physical Medicine: ankle pain

12/05/06 Urgent Care: Left foot pain/numbness

03/28/07 Neurology: numbness left ankle

04/24/07 Neurology: Left Foot /shin pain

08/07/07 Women’s Health Clinic: Pain lower left leg

09/11/08 Neurology: Sharp pain shin/ left foot

06/02/09 X-Rays: Chronic ankle pain

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Email VA Undersecretary Hickey and explain what you have been through. For someone who has given 25 years of loyal service to their country and who has their medical conditions well documented on their SMRs and VA medical records, there is no excuse for the VA's denial of your claims.

Undersecretary Hickey's address is: www.Allison.Hickey@va.gov

Good luck to you and thank you for your service.

GP

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"This was documented at least 15 times through the military and VA hospital. RO’s response was my records show a history of sciatica and neuropathy, but does not provide evidence required."

Did you specifically claim sciatica and neuropathy? The leg issue term seems vague to me.

I would think an IMo doctor might be able to medically connect the sciatica and PN to the leg injury.

"One issue pertained to a leg injury that has never been resolved."

Did they question the inservice nexus on the 'injury'

"Another was a back issue that continues to worsen." That too might be due to sciatica.

Can you give us the Docket Number and Citation Number of the BVA case?

When we read it maybe we can help more.

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1.Left Leg/ Foot Issue- Military & VA Hospital Appointments and Documentation:

03/03/04 Medical Fort Gordon: Leg Pain—12/10/03 thru 04/30/04 Fort Gordon, Ga

01/22/07 DD Form 2807-1 Foot/Leg Pain

04/14/07 DD Form 3349: Physical Profile: due to leg issue

01/22/07 Mobilization Exam: Documented Leg Issue

05/19/08: DD Form 2697: Medical Assessment Fort Bragg N.C.: Leg issue

09/07/05 Image of left ankle-VA

10/07/05 Physical Rehab: ankle/foot pain-VA

11/21/05 MRI of leg/ankle-VA

01/13/06 Physical Medicine: ankle pain-VA

12/05/06 Urgent Care: Left foot pain/numbness-VA

03/28/07 Neurology: numbness left ankle-VA

04/24/07 Neurology: Left Foot /shin pain-VA

08/07/07 Women’s Health Clinic: Pain lower left leg-VA

09/11/08 Neurology: Sharp pain shin/ left foot-VA

06/02/09 X-Rays: Chronic ankle pain-VA

Boston RO Denial: Records show history of sciatica and neuropathy. Evidence does not provide clinical or objective evidence or that it occurred on active duty.

2. Back condition (to include upper back and bulging discs) -Appointments and Documentation:

07/01/1981 Neck and Back pain (Car accident) Ft. Ord, CA
02/07/08 Backache –given IM injection and medication—Kuwait, KNB TMC
08/11/08 Back pain VA Hosp.
09/10/08 Radiology MRI Scan (cervical and lumbar spine) VA Hosp.
09/11/08 Neurology: Back Pain VA Hosp.
01/07/15 Urgent Care: Lower back pain VA Hosp.
01/23/15 Primary Care Provider: Chronic Lower Back Pain VA Hosp.
Boston RO Denial
: Records show history of lumbar DJD. You were seen last on Jan 7, 2015 for complaint of low back pain, left side just above buttock. There was no numbness, tingling or weakness.

3. Right Arm Ligament tears: Documentation and VA hospital Appointments:
03/30/09 Rheumatology, Injection for elbow pain (lateral epicondylitis)
06/10/09 Rheumatology Follow up
03/24/10-Rheumatology: Injection
08/10/10 Emergency Department, Elbow Pain, Chronic Tendonitis right elbow
08/12/10 Therapeutic Injection, Impression: Lateral epicondylitis
09/20/10 Rheumatology: Depomedrol Injection
10/19/10 orthopedic surgery consults
Boston RO Denial
: Healthcare records do not show diagnosis of a right arm ligament tear. Exam shows that you stated experiencing pain, aching and weakness in right arm and a diagnosis of arthralgia was provided. Evidence does not contain documentation to support a decision to grant service connection.

Edited by Malnick (see edit history)
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The leg issue has always been the same...If I try do any running/power walking, my shin becomes extremely painful, l my left foot gets pins and needles, and goes numb.

I have issues with the disk on lower left and lower back and recovery time has increased over time. I have only used military and VA medical institutions and must pay to use the VA for these issues.At this point, I think I may pick up medical insurance through work and go else were.

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I asked for the BVA docket number. and citation number as I assume this is a remand available at the BVA web site.

"My Docket Number is my SSN#" ????

BVA is a public web site and they dont use the SSN for BVA docket numbers.

"My lawyer has put in the paperwork for the different appeals and takes 20% of anything I receive."

Your profile to the left says "O"...I hope you mean will take '20% of anything' you receive in the future.

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My docket number is 1018205...I don't think I have a citation number, for it just went from ro to BVA...I called to get my docket number and someone actually answered the phone...

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