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

[FormerMember]

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.

[ArNG11]

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.

[Fat]

Get that medical evidence.