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

[Fat]

I think you will be will be successful at the BVA level.

Aggravation of a preexisting injury.

The key component will be if the preexisting issue was aggravated/worsened during military service.

[Gastone]

2 mos till your BVA Hearing, who's Repping you? Never been to a BVA anything but I think we can all agree that your at the 11th Hour. Not much time left to get a copy of your current C-File. By now I would have expected you to already have multiple copies of your C-file's important documents. Am I correct in assuming that you have forwarded copies of all Med records that support your contentions to your VARO during your BVA wait period? Have you receive a Supplemental Statement of Case during your appeal wait? No indication of a N&M Evidence triggered "VARO Review by Senior Rater or DRO?"

Have you been able to find any BVA Decisions that even come close to your situation. Reviewing these decisions can give you an idea of the significant areas that were covered. Can't recall reading any posts on HADIT regarding real time recent experience at BVA, any type Hearing. Your upcoming BVA experience will be very informative.

Semper Fi

Gastone

[free_spirit_etc]

I don't think the doctor's statement (from your doctor is particularly strong). He is saying he only saw two documents from your SMRs, and he gives very little rationale to back up his opinion. The VA wants the doctor to have access to your full medical record when rendering an opinion - and they want rationale for why he is issuing such an opinion.

It looks like they are saying you did not meet the presumption of soundness because your condition was pre-existing and became manifest shortly after entry into the service.

I didn't take the SSOC to be saying that your doctor said he treated you in 1999. I understood it to be saying that your doctor stated he had treated you in childhood, And it states in June 1999 your Perthe Disease resulted in minimal disability and slight loss of motion. They aren't saying the doctor said the part about 1999. They are saying your doctor treated you in childhood, and the condition he treated you for was shown to be minimally disabling in 1999.

They are certainly acknowledging that you were discharged from service because of your Perthes disease. Their issue seems to be that the condition became manifest shortly after you entered the service.

Edited March 20, 2015 by free_spirit_etc

[paulcolrain]

i can understand and see that the Dr. letter might not be acceptable but i would like to point out that his ration is that multiple non specific traumas to the hips and back in service. this is his medical opinion as he points to his prior note. also he is my primary care Dr. at the va the only hospital i use and as many of us are aware ,,, they all have to be in on the specific tests that are scheduled so not to produce to much use of facilities. my point is he is very well documented as the one who knows my care and all my issues.

in the child hood dr note he states that he treated me as an infant for this disease and treated me in 1999 for only a knee issue. goes on to say that he has not evaluated me since childhood for the disease but, va wrote it as my Dr/ stated that he treated me in 1999 and at that time i had a minimum of such. anyway i dont think this is splitting hairs because,,, a superimposed injury from a disease during service at anytime is service connection no matter what time the injury occurred and if the injurys pain is brought on because of multiple non specific traumas such as running and marching have on weight bearing joints.

[paulcolrain]

also about dr. letter.... well at least his opinion is based on something in my record.... the C+P doctor just states that he couldn't find a high impact injury in my records. so, one doc say's yes because of records he sees and the other doc say"s no because of records he doesnt see.

[paulcolrain]

i can see already that im having a problem with mapping out this issues and points. could someone please ask me about the first step of mapping in the way of a question as if you are the va and im the applicant . like. what part comes first in showing the dot to dot process...

lets role play:

im applying for bilateral hip stain. so what do i need to show that i should be service connected for hip strain ?

Edited March 22, 2015 by paulcolrain