Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

HMMV Accident did more than what I realized

Rate this question


ArNG11

Question

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 by ArNG11
adding sanitized file
Link to comment
Share on other sites

Recommended Posts

  • 0

I agree. Really the claim should have been developed. L1 was a joke rating. They pieced mealed it to me. My upper and lower back, c spine, left hip, bilateral hip arthritis and bilateral radiculopathy should have been on the table to begin with.  If I can last that long and don't loose it psychologically speaking, and keep my composure I should make it fine.  Maybe not a killing like some of the wins here as of late but significantly I think.

Link to comment
Share on other sites

  • 0
On September 21, 2015 at 8:47 AM, Vync said:

I'm with you on that. I remember reading one of my initial old C&P requests sent from the RO to my VAMC. It stated something like "evaluate veteran for any and all potential disabilities, blah blah". In my case, that was prior to 2000 when duty to assist became active.

Interesting that they would use the 2007 report to connect lumbar while stating the cervical was the problem. The fact that they admit you were thrown from the vehicle is a big plus, as it is now officially of record.

Vync what is interesting it that it for purposes a c- spine injury, thoracic and lunar injury including the left hip. My back and left hip took most of the blow.  It's relevant but not material at this point.  More should have been connected with those records no matter if my claim just state I was claiming a back injury.  After reading the injury report, if I were the rater, I would have asked what the claimant was claiming and what more was going to be needed to developed.  

I think I have a case.  I am going on the fact that they have already conceded to me having the accident.  The trick is whether they are going to fight me on all the secondary issues, yet they not really secondary as they could have developed the claim properly and attributed all the issues neck, hip, back, left leg, and so forth.  To the accident in the HMMV.  I know, what's coming, that is why you must develop your claim and get all the records and nexus together.  Im beginning to wonder whether this was known from the start and they tried to give me a nibble of the disability ratings and hope that I would not become the wiser.  

I don't want to pursue a CUE route but the provisions of Duty to Assist, and the so called help from the VA to develop the claim can be used here. CUE is another choice, however, I only want to utilize that as a last resort. Seriously  I am real curious though.  Not that any VA personnel would admit to that but a few things that have happened these last two years seem indicative to me that this was coordinated. Of course I am probably just being paranoid, which I acknowledge, but does the argument have merit.  Thats the question among the rest that I have inquired on.

 

 

 

Edited by ArNG11
members name
Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

I know what you mean and agree with you.

I think we all have had cases similar to yours where the VA had all of the details, but just failed (intentionally or not) to connect all the dots. I learned it more beneficial to spoon feed the VA exactly what is needed and connect the dots for them.

Unfortunately, unless we have solid evidence to prove a coordinated effort to shaft us, the VA will deny it just like they do to deserving claims every day.

 

Link to comment
Share on other sites

  • 0

I'm with you on that. I remember reading one of my initial old C&P requests sent from the RO to my VAMC. It stated something like "evaluate veteran for any and all potential disabilities, blah blah". In my case, that was prior to 2000 when duty to assist became active.

Interesting that they would use the 2007 report to connect lumbar while stating the cervical was the problem. The fact that they admit you were thrown from the vehicle is a big plus, as it is now officially of record.

Thats the thing the neck was in the service record along with the back.  i got service connected for L1, essentially they agree that its service related but there was so much more.  I have some blame here though, had I researched and found this jewel of a resource sooner I think I would have gone about my claim differently.  Im thinking of following through with the claim once my mess is somewhat picked up. I will go for direct service connection for the c spine and hips, can't deny the fall, the neck hip and back all have mentions of the accident. Just have to meet time frames and deadlines.  They would contradict themselves and have to dismiss too much.  But contradicting happens on a minute by minute basis I'm sure for the VA.  I have some strategies but  I am going at it as a fully developed claim once I'm am sort of done with what I have on my plate.  Slow is smooth, smooth is fast, squeeze the trigger with the pad of your finger, don't pull or jerk, and BREATHE, is all that comes to mind.  

Link to comment
Share on other sites

  • 0

This particualar report is not all that favorable, imho.  It has the term "idiopathic", which means its of unknown origin.  YOu wont be getting SC for these things without a nexus.   So, get your nexus then apply.  You may get another VA doc to provide a nexus if you ask, saving you the cost of an IME/IMO, that is, assuming you dont already have a nexus.  YOu have to review your file to find that out.   

But, all is not lost, according to VBM.  If you represent yourself, then you should get or borrow one.   A veteran is not required to be a medical expert, familiar with all diagnosis and secondaries when he makes a claim. 

My take on it is for you to apply, and, if/when you get your award, try to get an EED to the date of your original application.  Others may chime in, but this seems to be the way they happen:  You apply for SC, you get denied, you appeal and get your benefits.  VA gives you your benefits 10 years later with a 10 year wrong effective date, so you fight that, too.  Its similar to the fight I have going on now.  

Except for the history of trauma remark.  I understand why radiologist will leave it to the doctors to make the connection. They leave open ended as not to make a medical diagnosis, they're not doctors but i feel it is a way of CYA.  I have the original 2173 and 2872 that confirm both neck and back but I do see what you mean. Plus the IME's but you're right Im gonna get a nexus statement and do another FCT  from a specialist doc. Maybe after I get my regular cast on today. I will try to do that.

I have a VBM but it is a general regulation and guidelines source  not specific to one case per say,  but applicable to the meat of a successful claim. 

Heh not dismissing your advice, thank you for your insight and knowledge.  That goes for everyone on here.

Link to comment
Share on other sites

  • 0

Well patience has paid off.  I did have success in increasing my back claim.  I filed for C spine injury and believe it or not, I got the service connection. So now to get the hips connected, thats going to the BVA.  Joy Joy, or rather NO JOY NO JOY for the VA. 

Duty to assist, and acknowledging evidence and developing a claim.  Hmm somewhere I remember reading this in the regulations somewhere?  Maybe some CFR or may a few LAWS.  :wink:  I am going to go for it, because I have the evidence and the nexus.  The VA was kind enough to help with this even though they were trying extremely hard not to.  To be frank, they picked the fight with me and I am doing my duty to fight back.  

Back, C-spine, Hips, Nerve, Muscles, and Pain, secondaries for mental status as a result,oh and effect on employability. Did I forget anything?  Oh maybe, a little something, that I will be left alone and not put through unnecessary stress.    Yeh right as if that were to happen.  I have better odds of winning the lottery.  That would be a feat since I don't even play.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use