Need some guidance -scratching my head on a denial

[AF_Comm_Vet]

-  Filed a year ago for a lumbar spine condition caused by a severe auto accident in-service. After an initial denial, the claim was finally approved after doing a re-open and submitting an new IME.  The NEXUS was made between the Lumbar spine injury and accident based on civilian ER reports where I was transported.  Was scheduled for a C&P exam prior to decision, and the C&P physician actually rated higher than I expected (after doing X-rays) at 40%. 

-  Several years ago I started having headaches, neck stiffness, and occasional  Pins & needles in the arm, not severe or constant so blew it off.  Four months ago it became severe, started missing work left and right, and pain prevented even sleep without heavy meds. Was referred to an Orthopedic doc and later an Ortho Surgeon.  MRI's and X-rays were accomplished in Jan with bad news, severe degenerated discs and cervical bone structure.  The Surgeon said this was pretty severe for my age, and after describing the accident he agreed it was likely the cause of the damage which had been brewing for years. 

- Filed a FDC for Cervical  Spondylosis and degenerative cervical disease.  I referenced the earlier evidence of the accident in-service. I also had a thorough IMO done by one of the Physicians mentioned in the forums often (not including the name), the IMO was very thorough with a NEXUS statement and citing previous cases.  Submitted the FDC in Early Feb.

 

 Well, I after I saw the FDC move from Review to Decision process les than tend days after submitting I became concerned. Sure enough, it was returned denied as "Not Service Connected".    

 

OK, I get it....an IMO doesn't guarantee anything, but based on my evidence and previous related injury  I thought I would at least be granted a C&P before the case would be tossed back in my face.    Any thoughts?? 

 

Thanks

 

 

Edited March 13, 2016 by AF_Comm_Vet
qeqweqww

[Berta]

If I were you I would email Jason McClelland, who had no fax or phone listed in my source. I assume he is still there director there.

And I posted his email addy in the reply yesterday.

Do you use ebenefits? I have had little reason to use it but someone here could advise whether there is a way you download not only the CUE claim but also download anything they have ignored.

Others will have to advise on that.

You could also get a Vet rep, and hopefully they will see the error and have a better way to bring it to the VA's attention.I would seek one who has an office right in the same RO building or near it.

You also might try to email the Secretary ...his email addy is here somewhere

I am sure not the one here to provide any 'diplomatic' guidance....

In the 20 plus years since they caused my husband's death,  there was no room for diplomacy.

My most recent CUE was awarded a few months ago, because I contacted VACO with an  a IRIS complaint ( I filed  many CUEs that way)and also emailed the director of my VARO.

She called me and emailed me back many times during the course of that whole scenario.(multiple CUE issues) as they had ignored an IMO I had too, from the Chief Cardiologist at VA Central in DC.

I certainly am respectfully to anyone at the VA but I also know if I had not picked up the phone years ago and called the Regional Counsel as well as the General Counsel attorneys in DC (no email addys when I filed my SF 95 in 1995)

the VA could have easily gotten away with killing my husband due to malpractice.

 

 

 

[Berta]

robert.mcdonald@va.gov

Secretary of the VA

[danangmonkey]

Thanks Berta...

 

I will try emailing the Sec of the VA...  His email would be read by a staffer that has authority to take action.  I don't want to involve the VARO Director (Yet), that will be my nuclear option.