The Va Is Has Stoped Me From Getting An Imo

[mos1833]

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

[john999]

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.

[Pete53]

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.

[mos1833]

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.

[Guest]

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 June 11, 2015 by pete992

[mos1833]

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

[Berta]

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..