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The Va Is Has Stoped Me From Getting An Imo


mos1833

Question

hi all

after all these years , i thought i had the va just where i wanted, wrong

in my first claim in 1985 i filed for a back condition.

they denied because they said it was a defect ( congenital transitional vertebra )

and by va law could not be service connected.

fast foward to nov.6th 2014 , after several reopenings and remands ,i get another denial for the same reasion.

( congenital transitional vertebra ) is not connectible.

well i went to get a ime , and he said it would be a waist of time and money, if its not premitted by law.

he reviewed my x-rays and said i had a minor congenital problem .

so what do you think , i thought that was settled in case long ago. thanks

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mos1833,

If your condition is truly congenital, it can not be service connected unless your condition was aggravated by your military service. In order for Hadit members to help you, you need to provide as much info as possible regarding your medical conditions, why you believe your condition(s) may be service connected, how the VA stopped you from getting an IMO, etc.

GP

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  • Moderator

The VA cannot "stop you from getting an IMO". You simply go to a private doc that does IMO's and pay him to do it, and submit the evidence to VA.

However, until/unless you can overcome the "congenital" label, you wont be SC.

con·gen·i·tal

kənˈjenədl/

adjective

(especially of a disease or physical abnormality) present from birth.

"a congenital malformation of the heart"

synonyms: inborn, inherited, hereditary, innate, inbred, constitutional, inbuilt, natural, inherent

"congenital defects"

(of a person) having a particular trait from birth or by firmly established habit.

end of congenital definination.

The only way to overcome this "tag" is an IME/IMO. You need a doc to opine that this condition is not congenital, but instead, is at least as likely as not due to xxx event in medical service.

Its a possibility it was misdiagnosed...and conflate with a diseas that is congenital. Va loves to do that.

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  • Moderator

Remember, this is a medical opinion and medical diagnosis. If the VA doc said that (and you should check the records, as VA is not above making stuff up), then you will need medical evidence to refute it.

did your doc say that?

Do you have family members with this disease? If not, how can VA say this is congenital???

Edited by broncovet (see edit history)
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first of all i miss stated the part about the va stopping me from getting an IME, after the doctor saw that the va denied me because of a defect and said it could not be service connected by law, so i think he stoped his self,,, he did say after reviewing x-ray's that he could see some minor anomaly with my back ,he didnt even talk about aggratation,i guess he saying the law is the law. i didnt pay anything,i will trying to get him to it even tho,it may not help ?? thanks

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The real question is what injury or accident while on active military duty you think caused/causes your current condition? Keep in mind that a veteran must have some type of residual disorder/disability to be compensated. Keep in mind you must have;

1. An inservice injury or disease.

2. A current condition.

3. A nexus relating your inservice condition to your current condition with a good medical rationale .

I told VA for years that I injured my back while on active military service, I even had an emergency room medical records and multiple treatment records but they denied my back claim. I was finally awarded service connection for my back condition and VA granted my claim all the way back to the date I filed my claim but my claim was granted after returning from BVA.

Edited by pete992 (see edit history)
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  • HadIt.com Elder

I was told by the military that I had a personality disorder. The VA told me once that I had a PD. I got multiple IME's to overcome this opinion. A PD is a congenital disorder but most of it is just opinion. The military and VA see congenital disorder because they do not want to pay for a disability. It is the battle of experts. You get more and better experts to take you side. This is not hard since the VA and military doctors are often idiots who can only make it in the military or VA system because they are willing to screw soldiers and vets to keep their jobs. They suffer a moral disability sort of like a PD because they lack a conscience and don't mind ruining a person's life to keep their jobs. Big organizations like the military, government and the VA are full of people like that who only think about promotions, pensions and personal benefits at the cost of their honor. There are others who have honor and usually suffer for it.

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  • HadIt.com Elder

When they take you in they give you a physical and accept you as is. If you have a condition that get worse they are on the hook. You can win if you get a Doc to opime that your condition is worse due to your service. That said good luck and I would not allow some VA hack to tell me I could not get a medical opinion.

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The real question is what injury or accident while on active military duty you think caused/causes your current condition? Keep in mind that a veteran must have some type of residual disorder/disability to be compensated. Keep in mind you must have;

1. An inservice injury or disease. i hurt my back , more than once with a diagnosis of chronic pain,spasms, but they , the r.o. said it was not a chronic case, but was acute,and my back was normal at exit exam, they called it a sprian, they said my exit exam was normal back , i never had an exit exam/

i even ask them to show me those doucments , they never replayed. the records i have are clear to me.and they have the same as me, ( what a joke )

2. A current condition.i was approved for ssa for my back,also got approved for va pension for my back.

total and permant.

3. A nexus relating your inservice condition to your current condition with a good medical rationale .

i got the head of neurg , at the va hospital , who had treated me for two years give an opinion,it was good enough to reopen my claim, but they said it diden't carry any weight because he said my ddd ( may ) be connected to active duty injuries, but ssa used the same doctors letter to award benefits, and also it was used to get my pension from the va,( they didn't even talk about his rationale)

thanks all , this is a complex claim , ive'd been at it for decades.and still no smarter.

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1. An inservice injury or disease. i hurt my back , more than once with a diagnosis of chronic pain,spasms, but they , the r.o. said it was not a chronic case, but was acute,and my back was normal at exit exam, they called it a sprian, they said my exit exam was normal back , i never had an exit exam/

i even ask them to show me those doucments , they never replayed. the records i have are clear to me.and they have the same as me, ( what a joke )

2. A current condition.i was approved for ssa for my back,also got approved for va pension for my back.

total and permant.

3. A nexus relating your inservice condition to your current condition with a good medical rationale .

i got the head of neurg , at the va hospital , who had treated me for two years give an opinion,it was good enough to reopen my claim, but they said it diden't carry any weight because he said my ddd ( may ) be connected to active duty injuries, but ssa used the same doctors letter to award benefits, and also it was used to get my pension from the va,( they didn't even talk about his rationale)

thanks all , this is a complex claim , ive'd been at it for decades.and still no smarter.

Well it seems like you are well on your way but VA will need a doctor to state that your current condition is as least likely as not ( 50/50) caused by or related to the symptoms you had in military service. I went through the same thing and both my private doctor and my VA doctor ordered me a bone scan of my entire spine that proved that my back condition was not congenital. If a doctor state that you condition maybe or probably related to you military service VA will still deny your claim.

Edited by pete992 (see edit history)
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thanks pete992,and all

the doctor that was willing to give the IME for my claim, but he read the decesion where the va said it could not granted because of va law.

i think he don't want to get involved in a legal issue, how do you fight something like that ????? thanks

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It isn't a legal issue, it is a medical one.

All the info above is very good.

if you can find a doctor who has the expertise and medical evidence to prove this is Not a congenital condition, you might have a better chance of SC.....

might.... even non congenital back injuries are often denied due to lack of any nexus in the SMRs, lack of any buddy statements as to the cause of the injury, and even denied for post service occupations which might have caused the injury...(whether that is just VA speculation or not)

Also often vets are denied because although there might be evidence in their SMRs, they claim the back disability many years after service and do not have current or continuous treatment records..

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Yep. They said the same thing about me. I finally got the AirAm records and showed them the ER records at the civvie hospital. Same exact language in 1989- acute and resolved before separation. My SF 92 says "active major left hip pain- cause unknown. VA never commented on that. The word chronic was even in there on a physical eval for Flight duty. Funny how they can see acute so far back in the past.

The operable metric for a win is simple. Your doctor says "It's more likely than less likely he got it in service. His entrance exam says he was good to go." Presumption of Soundness is the hot ticket up at the CAVC these days. And like Pete says, it's the doctor's call on how, when and where. All you need is the SMRs with it in service and you're already in high cotton.

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Doesn't sound like you'll need it, with the great advice given above. If they try to weasel their way out of service connection, give a copy of your entrance exam like asknod stated.And get a docs nexus statement.

What I am not understanding is how they can blow off SSA opinion. Does the opinion from SSA say anything about the injury being related to the military. In any case get a doc, specifically a doctor who specializes in back disorders to write an opinion. IME/IMO. Don't take that crap.

They've done the same BS to me in my case. Stating that my left hip has had no trauma, but my back has. I injured my back and hip at the same time when I had my accident, osteoarthritis can be genetic yes, but osteoarthirits from a fall like the one I had is trauma to both body segments.. And active duty made it worse. Shenanigans. Refute that opinion.

Eh Im cranky. 3am and it's another one of those nights. Apologies. Great advice given above. :blush:

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