Appeal Appeal With A Doctor’S Opinion

[hillcrest]

I hurt my back several times while in the military, the last time I fell off the top of an APC while in full combat gear. After I ETS I was asked if I was having any reoccurring pain to my back at this time and if not check the box no. As the years went by my back started going out for no reason, after filing a claim years later I made it to the C&P exam and still being denied due to checking that box back then, can I appeal with a doctor’s opinion who an expert in that field.

[Fat]

What did the denial letter read?

Did you have a current diagnosis?

[USMC_VET]

hill crest. It is very helpful for us on the board to see the whole denial letter. Delete name and social/file number all that personal identifying stuff, however the actual letter and its words help for people here to see exactly what the VA said and what that means.

As far as "checking the box no"

I have made claims for stuff that was not on my exit exam and that i did not indicate there. I mentioned shin splints and a back issue but have claimed other things.

What i did was fill out and sign a sworn declaration listing the incident and how/when it occurred. How i felt after, and since then and how it affects my life. I also addressed the fact it was not in my medical exams and no record from BAS for that. Im sure it was the same for you, but in the Infantry and military in general it is frowned upon to go to BAS for anything other than a bone sticking out of your face. I talked about how in the military and our unit this was the case and has to do with individual and unit pride. of not admitting injury as that is a admittance of weakness. Its something the VA uses to hurt vets quite a bit. The government trains you to not accept injury and not go to get things treated because of pride, then uses that to deny you at the VA.

If you could also contact friends from you unit that would sign a sworn declaration for two things.

1) witness(es) to the event. when it happened, how it happened and how you were feeling right after

2) witness(es) to your back pain after the incident

" click that for more information on how to make your case stronger as well as a template for a sworn declaration.

These are more powerful than just mentioning things in a C&P exam. In a exam they ask you a lot of questions but only a few sentences ever appear in the exam notes.

A sworn declaration does 2 things. It puts all of your story on paper for the rater to see and it also carries with it the force of law. a regular statement is not subject to perjury laws per say, but a sworn declaration is and thus it holds more weight because you are declaring under penalty of perjury that these statements are true.

contact buddies from your unit. write up the declaration for them if you want and have them sign them after reading them. have family and friends, boss, coworkers as well to establish how it affects you now.

Edited July 10, 2015 by USMC_VET

[hillcrest]

7. Service connection for lorv back condition.

The claim for service connection for low back condition is consia.."dr"oplned. jHowever, the evidence continues to show this condition \r'as not incurred in or aggrafffiloyfnilitary service.

VA examiner reviewed your complete claims folder and opinioned: It is less likely than not (less than 50% probability) incurred in or causcd by the claimed in-service injury, event or illness. Rationale: Senice treatment records (STRS)were reviewed. You u.ere seen on active duty at least twice (1983. 1985) for acute back strains. These resolved with treatment. No evidence of chronic condition while on active duty. Also, no evidence of any evaluation or treatment for back since 2010. Review of STRs: on exit questionnaire 1985 you checked the box "NO" to recurrent back pain. You indicated he was in good health. Per multiple accounts in civilian records chronic condition began years after leaving active duty, -late 1980s to early 1990s. Therefore, chronic LBP is not connected to service.

I was sent to medical on two different occasions in reference to back injuries prior to falling off the top of an APC.

How do I upload the letter there is no attaches files

[Fat]

You are close, but a little more work is needed.

1. You have the in service incident(s).

2. You need a current diagnosis showing chronic condition (plus residuals).

a. MRI

b. x-ray

c. CT Scan

3. Last, an Independent Medical Exam (by orthopedic surgeon) that opinions the current disability is related/caused by the military back strains.

a. Make sure you bring the specific military records related to the back strains.

NEVER GIVE UP

[hillcrest]

Thanks Chief for the reply. I have X-ray from the VA Hospital showing chronic condition and a MRI from a few years back that shows it and a recent medical Exam by orthopedic surgeon. What they are trying to say is that I hurt my back after I left the military. So I appealed and did the medical Exam by orthopedic surgeon and wrote me a DBQ.

[hillcrest]

The medical Exam by orthopedic surgeon wrote an 11 page report confirming that its service related and he went through my medical records and stated that it shows that I was having some type of back issues they just kept giving me pain killers and placing me on light duty.