Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

1151 Spine Claim

Rate this question


63Charlie

Question

In 2007, I went to the VA because I was having back pain.

A thoracic MRI was ordered.

Two different VA doctors said they reviewed my MRI and that it was normal.

Kept working in construction and kept complaining to the VA about back pain.

They sent me to another VA doctor that said I had a small fatty cell lipoma in my right scapular area.of my back.

I asked him if this was causing the pain and he said that they are usually painless.

I was hurting all of the time and called them(VA) and said I'm tired of the back pain and I want the thing cut out.

I was getting nowhere with them so I started taking OTC meds for chronic pain,

Three years roll by and I'm still valiantly trying to keep up doing my construction job in agony.

Stepped in a pot hole on a job site, twisted my kneed badly, and ripped my right meniscus on my knee and had a MCL sprain.

Knee never healed back right so I was unable to return to my former job involving heavy manual labor..

I decided I needed to file for SSDI.

Gathered my VA records and records from private docs for SSDI.

Got a copy of my MRI from 2007 on my back and the radiologist reported multiple herniated discs abutting my spinal cord in my thoracic spine.

All of my suffering and chronic pain complaints and not one VA doctor read my radiology report.

This is a clear case of medical negligence.

My spine is a total wreck now, Got a consult in two weeks with an ortho spine surgeon.

I currently think I have about nine herniated discs, and some are causing marked spinal cord compression, and many neurological abnormalities, scoliosis, loss of cervical lordosis from all the muscle spasms, numbness in my extremities, and more.

Thanks to VA  doctors I kept doing heavy lifting at work. believing their diagnosis until it was too late for my spine.

This line of work accelerated the progression of my IVDS.

It's too late.

I'm screwed for the rest of my pain-ridden life.

 

Link to comment
Share on other sites

Recommended Posts

  • 0

63Charlie,

I feel your pain, literally.  I fell down a flight of stairs during boot camp, 23.5 years ago. The VA's own radiology lab found degenerative disc disease at several locations in 1997.  To this date, I have no SCD rating for that.  I did get a 10% for low back pain/strain dated to my EAS of 11/98, which was bumped to 40% on 03/15. 

My injury date was 11/21/1992.  I also injured my knees and neck during same shortcut down the stairs.  I'm now dealing with pain throughout my SI joint/illiac crest region-bilaterally.  I had injections for the pain in both SI joints, on the 4th of this month.  No relief what so ever.  All this through the VA.  Went through PT, which was stopped after 3 sessions by the PT himself, due to no change and increased pain.  Saw physiatrist, who referred me to the ASU for pain relief injections.  So far I've been looked at, poked at, prodded, and enjoyed an EMG, by 6 different VA medical types, but not one official DX offered or given.

 

Link to comment
Share on other sites

  • 0
9 hours ago, 63Charlie said:

Got a consult in two weeks with an ortho spine surgeon

Would this surgeon be willing to prepare an IMO/IME for you, following the IMO criteria here at hadit?

If not you could consider contacting Dr. Craig Bash Bethesda, whose contact number (and many radio shows with us) are here too

because , although IMOs are expensive, they have helped many here. He is a NeuroRadiologist.

The VA will fight 1151s aggressively.

They could try to say the pot hole accident caused the herniated discs and then ignore the fact that the MRI , revealing the herniated discs was done before the pot hole fall.

"All of my suffering and chronic pain complaints and not one VA doctor read my radiology report"

In my husband's case they couldn't even read a X ray of his heart nor his EKGs.

You will need an IMO/IME that gives a full medical rationale ( in my 1151s there  was also a time table I prepared , with reference to specific medical entries, or lack of entries ( lack of proper diagnosis and treatment) and a full medical rational from me.

I do NOT advise doing this yourself however. Get a real doctor to go over your complete VA and private med recs.

I used Dr Bash for my direct SC claim for misdiagnosed DMII due to AO. My RO refused to consider his IMos but the BVA didn't and awarded that claim

I had no IM0s for my 1151 claims, but I can tell you they were ruthless in some of the things they said in order to deny the initial 1151 in 1998.

They immediately changed that denial however when the GC called them up ( FTCA settlement- wrongful death)

They ignored the settlement papers I sent to them until GC called them.

I think you are far beyond the FTCA Statute of Limits. 1151 should bring  what you want, if a strong medical opinion agrees with your claim and also that non VA opinion can determine what additional disabilities you have now, solely due to their malpractice.

 

I would think Dr. Bash  could help you with a strong IMO for this claim, if the surgeon can't.

 

 

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0

The mental anguish of dealing with the VA is too much for me. 

The VA has granted my anxiety 1151 claim at 50%.

I just had a C&P for tinnitus/hearing loss done.

The VA has deferred my spine claim.

Deferring my spine claim enabled the VA to deny my claim for TDIU.

I'm hiring a good attorney and he will be able to fight for me.

I'm in too much pain and irritable most of the time to do this alone.

Link to comment
Share on other sites

  • 0

They count on us to become too disabled and too frustrated to deal with them.

The very system you men and women created due to your service , insuring them nice pay checks , has become a National Disgrace.

VA is wracked with scandals worse than anything I have seen in 30 years.

The VA got bad after they became a Cabinet post.

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder
14 minutes ago, Berta said:

They count on us to become too disabled and too frustrated to deal with them.

The very system you men and women created due to your service , insuring them nice pay checks , has become a National Disgrace.

VA is wracked with scandals worse than anything I have seen in 30 years.

The VA got bad after they became a Cabinet post.

110% accurate!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use