Where Do They Get This Stuff

[jessie0054]

Hello:

I am still trying to figure out this Letter of " Reasons for Decision"

Right now i'm so confused after reading and re reading this stuff that i'm not sure what to do with it.

POINT:

1, Service connection for degererative disc diease, lumbar spine.

The service medical records show no existing back problems at the time of enlistment into active military service. On March 27, 1991 treatment is shown for a single episode of back pain. Physical examination revealed moderate pain to the right side of lower back. You denied any radicular symptoms. Motor strenght to the right leg was reduced to 4/5 due to pain. At that time you reported a history of a low back injury with HERNIATED NUCLEUS PULPOSUS 3 years prior [ 1988- the year you enlisted into military service during a football game.

Xrays taken in March 1991 revealed Questionable narrowing at L5-S1.

My Point++++ In that <arch 27th 1991 treatment record there is nothing about my son stating that he had a HERNIATED NUCLEUS PULPOSUS.

He did state that he received a'' CONTUSION "" to his back during a highschool football game.

Jessie

[Guest jstacy]

Have your son to get the medical records of treatment for the contusiin on the back and then ask for a personal hearing with the RO. Explain the actual facts. Did a VA examiner state the herniated disk was at least as likely as not attributed to service?

I had the same fight in 2003 and I just won after 3 years for Cervical Radiculpathy. I broke my collar bone as a child and they tried to use that against me also.

They will try allot to frustrate a Veteran to the point of giving up, Exactly what they want the Vet to do.

When they tried on me, I just swung harder and took no prisoners.

[jessie0054]

Hello jstacy:

Have your son to get the medical records of treatment for the contusiin on the back and then ask for a personal hearing with the RO.

There was no Medical record of the contusion to his back during the football game, Just a small bruse and soreness a couple days. He didn't seek any treatment.

Did a VA examiner state the herniated disk was at least as likely as not attributed to service?

When he had his C&P exam the DR did say in his report that the back condition he has now that required surgery is the same condition he was treated for in 1991 in the Military.

I had the same fight in 2003 and I just won after 3 years for Cervical Radiculpathy. I broke my collar bone as a child and they tried to use that against me also.

My son was diagnosis of L5-S1 Radiculpathy back in 2002, He suffered with it until he could stand it no longer and gave into surgery. The Radiculpathy has improved with surgery of which by the time he had surgery he had 2 herniated disc at L4-L5, L5-S1 . but he still has a lot of back pain, Takes Many Medications for the pain.

The Dr doing the C&P exam didn't do ROM because he said he didn't want to cause a Flare up .

There is Ankylosis at L4, L5 and S1 yet this wasn't rated in the decision, Should it have been???

Jessie

They will try allot to frustrate a Veteran to the point of giving up, Exactly what they want the Vet to do.

When they tried on me, I just swung harder and took no prisoners.

[Guest allan]

>There was no Medical record of the contusion to his back during the football game, Just a small bruise and soreness a couple days.

Hello Jessie,

I believe a contusion "is" a bruise.

[Guest jstacy]

Let me try this this way.

1: There is no medical documentation of a back condition pre existing service.

( You must state the presumption of soundness ruly as there is no physical proof that the injury was suffered before service.)

2: In the Service record it should show the Vet suffered a Back injury and has problems to this date in the form of Ruptured disks, Spondylosis. Is there any post service flags like Auto accidents or other accidents, They will try to confuse the actual issue unless it is spelled out. That is commonly referred to Degenerative disk and Joint disease. As a person ages, it only gets worse.

3. Anklyosis for service connection means that an entire spinal section is fused together. For C spine it is c1 to C7. There is another disease related to DJD called ankylosing spondyolitis. It is the fusing of the spine. It is also referred to as DISH ( Difffuse skeletal hypertosis) a disease where bone spurrs cause the spine vertabrates to fuse together.

Ypu should immediatly NOD the decision to get it out of the raters hands and to someone who can help. A DRO is not a bad way to go as I have had success but I also believe in the BVA.

John

[Vike17]

Jessie,

The RVSR is not a doctor and has now way of knowing whether your son's contusion was the cause of his current back disability. Also, was the 1988 episode prior to his military service, or while on active duty? If it was prior to enlistment and there was some sort of notation of this on his entrance exam, the VA will determine the level of disability at the time of enlistment and then determine the amount the disability woresened during his military service, and compensate for the difference. If here wasn't any mention of it on his entrance exam, then the VA must assume he was fit for duty.

One other thing I noticed was you stated that the VA noted he was only seen one time while in the service for back pain. In order for the VA to award service-connection, the disability must be shown as chronic, meaning more than probably just one treatment over a longer period of time. If a veteran's condition is not chronic while in service, he/she must then show continuity of treatment of that condition from time of discharge to the present. One thing to keep in mind is, if a veteran can show some type of treatment from discharge, but there are gaps of significant time in between those treatments, the VA will need to see some type of IMO from a doctor connecting the dots. The VA has no way of knowing if some incident within those gaps in time caused a disability or if it was due to military service. Like I said, they aren't doctors.

Your best bet is to get an IMO and have the dooctor opine as to the "Questionable narrowing at L5-S1 and how it relates to the episode while in the service.

There isn't any conspiracy at the VA to intentionally dely and denys a veteran's claim. Evidence wins claims.

Hope this helps!

[jessie0054]

Let me try this this way.

1: There is no medical documentation of a back condition pre existing service.

( You must state the presumption of soundness ruly as there is no physical proof that the injury was suffered before service.)

Thanks John:

Sorry to sound so dence!! Guess my mind is just being overworked!!

Do you know where i can find this Presumption of Soundness rule??

2: In the Service record it should show the Vet suffered a Back injury and has problems to this date in the form of Ruptured disks, Spondylosis. Is there any post service flags like Auto accidents or other accidents, They will try to confuse the actual issue unless it is spelled out. That is commonly referred to Degenerative disk and Joint disease. As a person ages, it only gets worse.

He was involved in an Auto Accident late last year, But it was his right knee that was injuried, Not his back.

3. Anklyosis for service connection means that an entire spinal section is fused together. For C spine it is c1 to C7. There is another disease related to DJD called ankylosing spondyolitis. It is the fusing of the spine. It is also referred to as DISH ( Difffuse skeletal hypertosis) a disease where bone spurrs cause the spine vertabrates to fuse together.

Ypu should immediatly NOD the decision to get it out of the raters hands and to someone who can help. A DRO is not a bad way to go as I have had success but I also believe in the BVA.

I do plan to NOD the decision, I'm just trying to get some idea on how to write on,

There are so many statements here to deal with!! I believe by going back through some of his old medical record that the ROM used in the decision were from reports of 2002 that they gave the 10% rate on. The VA DR giving the C&P exam didn't do a ROM because in his words " didn't want to cause a Flare Up"

It also said in the decision that since there is likelihood of improvement, the assigned evaluation is not considered permanent and is subject to fulture review examination.

Do they really think that DDD will Improve??

They also kicked out all the Lay Statements with " this evidence provides little probative evidence to support your claim and does not overcome the objective evidence in file."

These Lay Statement were not drawing a connection between DDD and the Clinical Pathology. They were statements mostly that he went into the service as a healthy young man and came out one who was in constance pain with his back and how that pain has affected his life and relationships and how he has had to give up all the things he once enjoyed during.

Jessie