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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
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.
Agree with GP- please post the exact wording from Reasons for Denial on your letter from VA.
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.
(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
(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.
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???
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
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.
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