auenone

[auenone]

After reading USAF-Vet's post and the following replies, there is good info there.

With my reconsideration, all I could do was send some BVA citations for lack of smr's for Vets that won their cases using 3.304 (d). There is no record of me being in the hospital in Vietnam although I spent 12 days there. The NPRC has no record of me being in the hospital but my letterhead from the hospital awarding a PH. But, during my c&p from qtc, the doctor cited an "in service note for frag wounds, blah blah" the day after I was wounded. The BS w/V award stated I was thrown to the ground, which according to the CDC, is a tertiary blast effect.

So, I'm wondering how a doctor giving a c&p that is only given your entrance and exit exams and fed what info the VA wants them to see can make a decision on my neck. He never got to see the BS w/V or knew I was Airborne or CIB. If he had access to the award he could have seen we were thrown to the ground in a ambush, more like launched. I guess after they deny the reconsideration I see an IME in my future.

Thanks for any replies and Happy Holidays.

[Vync]

There are a lot of possible advice to offer in your situation, but the first place I would look is the C&P exam results. This is supposed to show what the doctor considered and their actual findings. The C&P doctors are supposed to be provided your VA claims file (c-file) for review. Unfortunately, not all of them actually look through it. And even worse, some of them never have access to the c-file and just try to wing it.

If you can post the content of the C&P exam, but omit any personally identifiable information, the Hadit family can try to help. Let's take a look at the exam to see if the QTC contractor doctor screwed up.

BVA citations are often beneficial, but are not necessarily precedent cases. Some raters tend to view them as being specific to the involved veteran, while others take a more common sense approach.

Edited December 21, 2015 by Vync
Changed some wording for clarification and added more advice

[Gastone]

Just went back and checked your earlier posts, are you on Appeal now? Who ordered the C & P, initial claims Rater or DRO?

The following were my initial thoughts when I understood your "Reconsideration" issues as pertaining to an original claim for a New or Secondary issue. It really doesn't matter, in the end, you need to see what the C & P DBQ results were.

C & P exams are requested by the Rating Department and the Dr's get specific requests to address certain issues that need further development in order to Award or Deny. Your already SC'd so Dr really doesn't need to see anything other than current medical tests to verify your current DX'd condition and determine if it's Secondary to a SC issue. 

What reasons did the VA Rater give for initial rating, that you have a problem with? Be very careful in putting too much trust in "Reconsideration."  Best to have your NOD, Locked & Cocked.

You have reviewed your actual C & P DBQ, right? How does the C & P comport with the VA's 38 CFR 4 Rating Schedule, for your claimed condition? What exactly do you think this issue should be rated as?

Semper Fi

[auenone]

Thank you,

The FDC was for 3 contentions and got 2. The third was for cervical spine and the rater ordered the qtc exam. The doc reported what the va physical therapy people said,in that the ROM is 10 for forward and all the others totaled to less than 170 degrees. That isn't the problem. I talked to a VA rep that comes around the VAMC clinics and he said the doctor definitely never saw the BS award. I even showed him the MRI of the spine with the bone broken off T1 and he opined, seeing nothing was in my records for in/out/during service, that it was less than likely. When I received the shrapnel wounds I thought it was just my heel as I kept looking back to see if it was there. After walking back to where the platoon was staying and the adrenalin wore off, found two more pieces in my leg and ankle. 

In the hospital I told the doc as he was cutting out the shrapnel that my neck was stiff and my chest hurt. If that had been in Iraq or Afghanistan I would have had them go over me with a fine tooth comb. Then it was different as they needed bodies in the field and not much was going on with blast waves.

I'm already figuring that the reconsideration will take a dive so I have a few docs that I will think about giving me a full physical. I think part of this denial is because I'll be 67 soon and they are using that for wear and tear defense. Besides the T1 spinous process break, my back is pretty good shape with mild DJD, at least from one xray. I have severe spinal arthritis on the left side of my neck as the blast came from the right. I've seen lesser non-smr claims get awarded because they were in combat and had a CIB and jump wings and no PH and BS. 

So, all I can do is try and figure out a way to either do the NOD or go straight to the BVA and let them decide it. It seems that I may have to try the offense and get a IME on the rest of me as the VA already knows about the neck.

Thanks again.

[Vync]

There is a tremendous difference between normal aging wear and tear compared to combat injuries

Gastone's advice about having your NOD locked and cocked is spot on

[Navy04]

Sorry to hear of your issues bud. I had a few injuries and sicknesses in OIF/OEF, and a few of them were nowhere in my record. Luckily my Unit Doc at the time, was a Reservist and worked full time on the Marine One Helo as the Doc, so a letter from him meant a Thousand Words. Good luck and wish you the best. Hope you have a good Christmas.

[auenone]

Thank you everyone. And have a good Christmas yourself.

Gastone, Actually wanted to see if they were kidding about the refusal on the FDC for the spine. I know it's going to cost a few pesos to get the NOD in order but if I was not so pissed at their answer and the doctor having such limited info, I was going to drop the whole thing. I don't exactly need the money but could use it. My biggest concern is one of the docs at the VA said if I was in a minor traffic accident, I could quite easily break my neck. And if that ends up killing me I want her to have the disability but need this SC'd.

So, I think the DRO route is the way to go at first. I have another appeal for my knee that the DRO called me and said I should have waited to file when I got all the info for that but I had to wait to get an MRI and they wouldn't do it as I had a piece of shrapnel in my heel, the one that I thought removed it. So now I'm waiting for that. 

Thanks again.