Prepare For Bva Hearing

[paulcolrain]

2004 i was released from service. same year i claimed low back and bilateral hip strain. i had a c+p exam and doc said (diagnosed ) i had bilateral hip strain and lumbar strain. 2005 i was denied both the reason given was , no service treatment records could be found at all for my time in service if service treatment records are later found my claims will be re-open. i dint appeal this at the time i just waited for them to find the records.

december 2009 the VA found my records and granted me 10% for lumbar strain but, did nothing about my hips. 6 months later i sent a NOD stating that this is a claim that proceeded a denial because of service treatment records and because the records were later found then all my claims should have been re-open. they agreed but said we still are denying you for hips because your service treatment records didnt change our opinion about your hips. nothing in your record states anything about hips.. i got a copy of my c-file and yes there it was,,, service treatment records for my hips in fact in service doctors also stated that i had bilateral hip strain BUT said it existed prior to service.

i submitted this paper and they gave me a c+p exam. the doc stated nothing is wrong with my hips and that i had an existing history for a left hip diagnoses. during this time i was being seen at the VAMC and receiving treatment for my hips and lower back and radiculopathy. in fact , just 1 week after this c+p exam a vamc report shows my evaluation for my hips and range of motion to be with pain and a diagnoses of bilaterl hip strain. again i get denied because no doctor said it was do to service. then in 2011 i sent a primary care letter stating that i my bilateral hip pain could very well be related to service because of multiple rigors of life during service such as running and PT. Again this wasnt good enough, they stated i needed new evidence to re-open my claim and the doctor letter wasnt good enough because he didnt do a eval even though he was my primary also his letter didnt cite anything from my service records. i then got another letter from him after he read a few reports during service and he sent a new letter stating that he wishes to ammend the letter he already sent,,, it is now clear that the rigors of active duty are more likely than not created the issues with my current hip problems and stated the ortho reports from my service treatment records. so, i have a lot of records that rebut all the ro problems but they still deny and now i have a BVA hearing in D.C. on the 2nd week of may...

can anyone ask me some questions so that i can prepare for this hearing ,,,, questions that they would ask or some problems that you see i might face...

1) Injury in service, 2)injury now. 3) Nexus or IMO.

My 1 is (pain in hips and lower back during and after Physical Fitness Training

My 2 is (treatment records and diagnosis of bilateral hip pain on movement diagnosis hip strain.

My 3 is (service treatment records sating pain on movement diagnoses of hip strain. Also Dr. letter saying that the rigors of Physical Fitness during service such as running marching (multiple non-specific traumas to hips and back) more likely than not due to his service because of treatment records start with service and state pain with PT hips and back profile needed…

Edited March 20, 2015 by paulcolrain

[free_spirit_etc]

" but said we still are denying you for hips because your service treatment records didnt change our opinion about your hips. nothing in your record states anything about hips.. i got a copy of my c-file and yes there it was,,, service treatment records for my hips in fact in service doctors also stated that i had bilateral hip strain BUT said it existed prior to service.

i submitted this paper and they gave me a c+p exam."

So - did the in-service medical records state your hip strain pre-existed service? Or the VA doctor on your claim say it pre-existed service?

Edited March 20, 2015 by free_spirit_etc

[free_spirit_etc]

http://www.mayoclinic.org/diseases-conditions/legg-calve-perthes-disease/basics/lifestyle-home-remedies/con-20035572

• Activity modification. Your child should avoid high-impact activities, such as running or jumping, because they can increase the amount of damage to the weakened bone and worsen symptoms.

[FormerMember]

<<<<<<<< i sent a primary care letter stating that i my bilateral hip pain could very well be related to service >>>>>

This is why you lost in the beginning. Nexus letters must be couched in quantifiable terms. "Could have", "might have" and "probably are equivocal". It has to be in the M 21 format of "at least as likely as not" on up to "more likely than less likely" or simply "is due to". Next, a good nexus letter has to state that the doctor perused your service medical records. It's not chiseled in stone, but if VA's Examiner says s/he did so and your doctor didn't then you'll lose at the RO level.

The VLJ is not going to ask you questions like Perry Mason on cross examination in Court. It's ex parte and you are free to spin your story. I prepared with a loose leaf folder for each issue. I had every medical record ever produced for each issue and the pilot's crash report on the aircraft. I had pictures. I had my wife to offer lay testimony about my back since 1981 and how it deteriorated. I had "buddy letters" from my kids testifying to my inability to pick them up in their youth due to lower back pain and radiculopathy.

In short, Paul. There are no questions to be asked but you need to have all the answers and the right ratings criteria/ diagnostic codes language before you to provide or cite to.

Another thing. If your records were unavailable and had not been associated with your claims file until recently, your ratings should be effective the date you filed in 2004. VA likes to fun you and give you the date of reopening. Yours falls into 3.156 © or Service dept. records that previously existed but only recently have been associated with the file.

Do you have a copy of your c-file to cite to? That is a must. It's hard to fight them if you don't know what cards they're holding. Also. I pray you aren't contemplating this with a VSO unless s/he is skilled.

[free_spirit_etc]

I agree with Asknod.

Do you have copies of the letters your doctor wrote that you could post? Anything he could point out in the SMRs could help. Also, citing any medical research, studies, etc. that are applicable to your case could also strengthen it.

[paulcolrain]

Thank you guys for chiming in... 1st, yes have a complete file and i have had a file sent to me 3 times in the past 4 years just to make sure they havnt lost records.so far they have only lost my sister the R.N. lay statements..lol but i keep submitting... and my poa is American Legion but im doing all the work ...... thinking about an attorney.... Free Spirit--- im gonna get some of those papers and post them in the a.m. i also really like your post on Activity Modification.... shit, i was looking for a sort of medical lay statement for nexus and this is a great point you have here !!!!!!!

guys thank you , please keep checking back, i will post some docs tomorrow like soc ssoc and such so that you can check out and maybe we all can help others as well

[paulcolrain]

also please keep in mind that the original C+P doctor diagnosed me with hip strain and lumbar strain in 2005.... but,,,, my STRs were not available...since though i still have those diagnosis from the VAMC