Wife Was Denied Twice. Just Found Evidence This Past Weekend. Please Assist.

[pilgrim01]

Hello all! My wife was in Desert Shield/Storm. She hurt her back while serving during that time. She even was on quarters (in her tent) because of this injury. Well a few years ago she filed for disability for her back and was denied. She showed how she was on pain medication and receiving epidural shots for the pain. She also had a statement from another soldier that served with her that was a witness. They still denied her. Proper documentation was not documented because we were at war. She injured her back while making sandbags and carrying and exposing human waste. Well, this past weekend while looking through storage containers for pictures, she found an official form that had her back injury documented on it when it had actually happened!

Also, while in Desert Shield/Storm, my wife was exposed to Chemical Warfare Agents (the letter was attached with original claim) which had been well documented as a possible cause of cancer. Well, my wife was diagnosed with breast cancer in August 2005 and even had a mastectomy and she had to have plastic surgery. That was also denied on the same request.

In her last letter from the VA, it stated that her case was closed unless there was new evidence. Well, this is new evidence, right?

What should we do now in regards to the back pain and her breast cancer? Any and all assistance would be greatly appreciated. Thank you all!

[Fat]

I would submit the New and Material Evidence and reopen both of the denied claims.

If she is granted service connection and compensation, file the NOD for the earlier effective dates.

The new information should help the back claim tremendously and maybe the cancer claim too.

NEVER GIVE UP

[Jethro]

This may be obvious so I apologize in advance, but SCAN THAT DOCUMENT AND STORE IT IN MULTIPLE LOCATIONS AND PUT THE HARD COPY IN A SAFE DEPOSIT BOX.

I had a very similar situation which ultimately made my case.

[pilgrim01]

Thanks, again all. When I submit the New and Material Evidence, what form do I use?

[63SIERRA]

FURTHERMORE !!!!!

There is a regulation that baically states... that the VA must take the word of the veteran as truth and evidence of injuries or ilnesses they recieve while serving in a theater of war.. you dont have to have been in actua combat, just in support of combat operations..

You could have slipped on a bannana peel on a ship anchored 100 miles off the iraq coast, and if that ship was part of the battle force in theater, they must believe you unless they can prove otherwise.

Also.. tell you wife to HOUND THE HELL out of the VA until they give her an MRI on her back.. Then once she gets it, pay a specialist to read it and give a report..I recommend a DO doctor of osteopathy.. they look at the body as a system and I like thier methology,.. . The VA radiologist will likely not give an accurate report, for many reasons.. Once she gets the report, send it to her primary thru my health e vet, AND hand deliver it to the primary doctor.. wait a few weeks and check myhealth e vet or go to the records release of information and request a copy of her entire medical records ... LOOK at the PROBLEMS LIST section and see if the added the outside docs diagnosis to her current problems list... if not,, HOUND THE HELL OUT OF THEM UNTIL THEY DO IT.. Then send that info in to support the claim, and get any treatment that can help you.

Edited June 5, 2015 by 63SIERRA

[63SIERRA]

The VA denied I had major back problems for abt 10 years, and denied an MRI request for 3 years.. After begging , kicking and screaming, they finally did one.... the radiologist is either mentally retarded,,,, blind ,,, or was trying to stick it to me. I paid for a real doctor and got the correct diagnosis . and there are many.. The VA will deny you have problems so they can deny you treatment and compensation. PLEASE... spend the 100, or 200 dollars and go get an outside opinion. because the VA will likely downplay and deny the problems.

..it will be worth its weight in gold a thousand times over.

ALSO... the regs for Gulf war ilnesses and presumptive have changed/// TELL HER TO REQUEST A CURRENT GULF WAR EXAM, then add that to the evidence ..

Edited June 9, 2015 by 63SIERRA

[63SIERRA]

The VA denied I had major back problems for abt 10 years, and denied an MRI request for 3 years.. After begging , kicking and sceaming, they finally did one.... the radiologist is either mentally retarted,,,, blind ,,, or was trying to stick it to me. I paid for a real doctor and got the correct diagnosis . and there are many.. The VA will deny you have problems so they can deny you treatment and compensation. PLEASE... spend the 100, or 200 dollars and go get an outside opinion. because the VA will likely downplay and deny the problems.

..it will be worth its weight in gold a thousand times over.

ALSO... the regs for Gulf war ilnesses and presumptive have changed/// TELL HER TO REQUEST A CURRENT GULF WAR EXAM, then add that to the evidence ..

ALSO if she told them in the initial claim she hurt her back, and they knew it was during combat operations in a wartime theather, she may have a CUE cliam... that means she gets paid back to her original filing date//

DO YOURSELF A FAVOR GET A BENEFITS AGENT.. YOU ARE DEALING WITH SNAKES..

CALL THIS GUY... JOHN (THE MONGOOSE ) DORLE ... 651-303=3062

If the claim is legit and it sound very legit, he can help you win...

PM me if you like if you want more info.. Ive walked the same road your wife is fixing to walk.. Its treacherous and long without help.

Edited June 5, 2015 by 63SIERRA