HMMV Accident did more than what I realized

[ArNG11]

Folks I wanted some opinions and critiques.  I have been thinking about putting a new claim in however, have been reluctant to consider the loooooooooong whoo hah fight it would be.

From folks that know me on here my tragic story is in the form of an ejection from a HMMV.  That is how I had earned the nickname "Airborne" and was known by that in my old unit.

 

Anyways, Tragic tale yes but live and learn. Lucky to be around to complain.   If I knew then what I knew now it would be a different story and I would have approached the claim differently.  But as my old bud use to say, If "ifs" and "and" were pots and pans the whole world would be a kitchen"  

Multi faceted claim that should have been filed for Neck, back, hips, nerve and all the secondaries.  Live and Learn like I said.  Anyway, without further delay here are the results.

cspineedit.pdf

Edited September 14, 2015 by ArNG11
adding sanitized file

[flores97]

ArNG11, when you say the examiner questioned the timing of your disabilities, did they feel that you had waited too long to file? I am sure you know this, but let me read it as it was stated on my BVA award letter"Under 38 CFR 3.303(b), an alternative method of establishing the second and third Shedden element is through a demonstration of continuity of symptomatologym if the disability claimed qualifies as a chronic disease listed in 38 CFR 3.309(a). Now, i dont think that reg would be the correct one for your claims, but I am certain that the continuity of symptoms could work for injuries as well. JMO, and I wish you success.

[ArNG11]

Nah you are correct the same issues applies to my case. Symptoms in service, symptoms now, and a nexus to tie it all together.  The VA is just picky on what probative evidence they concede to. Sad but true.  LOD's help immensely and so does continuity of care. Whether in the military or out whether a military doc or a private one, doesn't matter. Eventually the VA has to acknowledge the evidence, laws and regulations you just can't give up and keep fighting with the right tools and weapons especially medical evidence.

I have a little of everything.  Radicular pain is bilateral down the legs, with my injury I have it worse on the left leg down to the toes the right is past the knee almost always.  Numb toes, decreased sensitivity and all that.  Then theres the shooting pain down the legs which is a part of it.  Funny sensations to have numbness and sharp pain down the legs at the same time.

Symptoms, verifiable symptoms are a great help.  EMG, muscle spasms, MRI's and fluoroscopic X rays are very good evidence.Plus when you have multiple nexus, well it becomes difficult to refute.

Any way I am in the hopes that some of my rants and experiences help others on here. It is very possible to beat the VA and their shenanigans. Just takes some time unfortunately. Oh and can't forget to mention the knowledge and expertise from this forum.

 

[Vync]

1 minute ago, ArNG11 said:

Nah you are correct the same issues applies to my case. Symptoms in service, symptoms now, and a nexus to tie it all together.  The VA is just picky on what probative evidence they concede to. Sad but true.  LOD's help immensely and so does continuity of care. Whether in the military or out whether a military doc or a private one, doesn't matter. Eventually the VA has to acknowledge the evidence, laws and regulations you just can't give up and keep fighting with the right tools and weapons especially medical evidence.

I have a little of everything.  Radicular pain is bilateral down the legs, with my injury I have it worse on the left leg down to the toes the right is past the knee almost always.  Numb toes, decreased sensitivity and all that.  Then theres the shooting pain down the legs which is a part of it.  Funny sensations to have numbness and sharp pain down the legs at the same time.

Symptoms, verifiable symptoms are a great help.  EMG, muscle spasms, MRI's and fluoroscopic X rays are very good evidence.Plus when you have multiple nexus, well it becomes difficult to refute.

Any way I am in the hopes that some of my rants and experiences help others on here. It is very possible to beat the VA and their shenanigans. Just takes some time unfortunately. Oh and can't forget to mention the knowledge and expertise from this forum.

 

Wow, it sounds like you are describing my symptoms, especially after the day I had. 

You're definitely correct. Medical evidence is evidence. Good claims are built on solid evidence. Sometimes the VA tends to "overlook" the evidence. If this happens, defintitely call them out on it.

I understand the reason why EMG's are done, but personally I don't like to be shocked. Kinda ruins my day.

Sharing rants and experiences actually helps others learn how to prepare to deal with the VA red tape.

[flores97]

I agree with Vync, ArNG11, you are more than entitled to rant given what hoops we must jump through on our claims. I personally don't think it is ranting at all, venting comes more to mind;)

[ArNG11]

As long as folks can get something useful out of this. No one is an expert right out the gate, however, you start to learn a thing or two along your battles with the VA disability system.  Each claim is as unique as a snowflake in a winter storm. But all have some basic similarities.  Snow is cold and theres a lot of snow flakes in a storm. Some will cling together other's will not.

Just something to ponder on.  JMO.

[ArNG11]

I believe I posted this but I figured I would put it on here as well.  I did get service connected for the c-spine injury.  Muskogee actually rated it 10%.  The percentage is of no concern now, service connection was my goal. I have the Form 9 in route for the back and hips.  Now the c-spine injury is connected.  The left hip is my next target along with the right hip.  Once the service connection is done, that's where I'll inform Muskogee, " hey guys, I've been stating this all along, the HMMV accident did far more than what you said it did"

I do have some strategies in mind, even have a draft for a CUE drawn up, but I don't want to go that route if I don't have to.  I think I have a good chance getting what I have described going the slow route.  Kind of funny though,  I realize how I quote "slow is smooth, smooth is fast", ironic because I didn't realize how much those words would be a part of my fight.  Not to the extent that it has.    But I know, and fully realize that when fit hits the shan I have a huge fight coming.  

"lock and load " gentlemen,  "choose your targets" "squeeze that trigger"  "poof" target down.

Evidence is king, the regs and laws will have your back.