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

[charlesvan36]

Folks this is the first time I have said anything. I always just read but maybe I can share how bad of a time I have had with the VA. 

In 1993 BCT I injured my left shoulder. I sucked it up and drove on. Its in my medical records. 1998 While AGR I finally had a glenoid and bankart repair at Groton Navel. Went back in AD went to Fort Lewis. Always had instability issues, dislocations, all documented. 2000 Stationed in Korea again I was on a detail throwing sand bags with my 1sgt and me. POP their goes my shoulder I go flying off the 5 ton right onto a ladder smashing my knees. Well documented. Now, couldn't fire my weapon no more in prone. Now having a P3 profile. After 7 months in Korea was sent back to Fort Lewis Med holding. Medical discharge for Left Shoulder, Cervical and lower lumbar and radiculopathy.  (Mind you in 1999 at Fort Lewis I was in a MVA on AD where documented whiplash injury cervical). So continuing treatment at the VA hospital for these injuries I was in a MVA in 2003 smashing my back. So doing continuous treatment and requesting increase I finally got a 40% thus only putting me at 60% in 2005 which they erred because my combined rating was 80%. So from 2005 to 2009 my 40% for my lumbar was magically downgraded (Still can't pinpoint why nor can the VA) to 20% putting me magically still at 80%. Ok so in 2009 (still continuing treatment at the VA for my SVC issues) I was downgraded for my cervical from 30% to 10 and my left shoulder 20% to 10 from a CP exam. Ok fine I had done physical therapy and pin point injections my shoulder was doing a little better. The following month I was the victim of another MVA putting me into the windshield. Now my svc injuries are totally messed up. I tell the VA this and tell them don't downgrade me I got ROMS for my cervical and left shoulder time and time again. 2011 hearing with RO even with proof they still downgrade me saying because of the MVA you cant request an increase. I say BULLSHI& I have been continously treating at the VA and outside Drs. WHO CARES downgraded. Appeals start flying out. So I continue treatment for my SVC injuries at the VA and outside clinics. 2014 guess what, YUP nailed again MVA. So now I can barley walk, barley move my neck and  shoulder. 8/14 Cervical Fusion c5. c6, c7 with plate, it goes bad. In a coma for a week. Ok guess who paid YUP THE VA....So treating with outside and VA drs. this goes on. Now my shoulder is dead, years of getting them to do MRIS and CP exams to no avail. Finally 10/14 CP exam. Dr states service connected injuries aggravated by MVAS roms are Severely Impacted left shoulder in Cervical. Now 4/15 FINALLY VA pays for a new left shoulder operation. Guess what, he finds old sutures (foreign material) and glenoid hemorial degeneration and recurrent instability due to major arthritic changes over the years. Keep in mind I was Med Boarded for my shoulder and my 1998 surgery was a glenoid bankart repair. So now im still in recovery, (will never fully recover) all evidence is directly service connected. VA still denying me the % for my left shoulder and cervical saying NOT service connected (even though I am still rated) and they paid the surgerys costs over 150k..So try this curve ball, they sent me to a CP exam on 5/2015. DR, states Due to his chronic service connected injuries and his aggravation of MVAs he can not work. Now im 100PT because of his report because of my lower lumbar and ridacotphy in both feet. BUT THEY STILL ARE DENYING MY left shoulder and cervical percentage increase back to 2011. A DRO called me 2 months back and I asked him one big whopping question "wife was witness" Did you know I was medically discharged for my left shoulder and cervical? His response: No I didn't know that!!!!!!!!!!! Like hell you have looked at my complete C-file. His response "We often times get it very wrong". Ah ok John (DRO), see you in court. So mind you I filed for a BVA hearing way back in 2013. Finally it is at the BVA and I am waiting on my hearing date. So I like to tell you this, I am a paralegal, i was trained so what I did was GET YOUR C-FILE, ALL UR Civilian Records, sit down in an open space, print out the years you were in the military into the present day. So I did 1993, 94, 95, 96, 97 etc. you got the picture. Then go threw your C-FILE (yes its allot of work but it can be done) and start combing threw it and putting each progress notes, civilian notes, CP exams by the day month and year. Make sure you copy your c-file to a disk. Write out a letter to the Appeals examiner, DRO, RO, BVA, COVP whoever its going to. Go get a 6 inch binder. Place everything you have from beginning to end. THEN tab it out. 1995 left shoulder etc, etc. Do this with EACH issue you have...........Think of what a paralegal does at a law firm. This is exactly it. You will have in order ALL your records by day month and year. Now days not so important as the month and year are so if its too much work just go by month and year. So in closing. I was asked why are you doing this? Your 100 PT now. My answer:  I can't stand when the VA tries to get away with crap because they don't think VETS are smart or willing to do something about it. Yes part of it is the back pay (isn't much because doing what they did would mean they would only have to pay me 30% for each issue for 5 years) oh and back pay for IU since I have been IU for many years but they will only go back to 2009..,,I just wont let them lie...Integrity to me means something still and the VA sorely lacks it. DON'T GIVE UP! EVER!!! The VA works for us, not us for them...........And if you know you're right like I do, dont give up the fight...

If I put this is the wrong spot I ask the administrators to please move this. Thanks folks for reading.