VA keeps stating a condition was not incurred in service

[reddoc]

ALCON: please excuse any unintended etiquette breaking on my post. I stumbled on this forum yesterday while googling about a problem with UPS the VA and medication delivery (different issue, still angry, don't get me started). This forum is massive! I some difficulty navigating it but attempted to read pinned posts and follow rules. 

BLUF: I incurred an injury during service, I've been fighting to get it added to my claim. I'm currently at 90% and the injury is so significant it will push this to 100% (yes, I've done the VA math on this). What do you do when it keeps coming back "cannot find evidence in medical history of injury incurred during service." 

It took me 4 years to find the RIGHT diagnosis, it was documented during the medical trauma that I had difficulty with walking, pain in the area where the damage was eventually known to have occurred...2 years of Army docs commenting on my back (clear radiological findings there...no argument about the 8 herniated discs) and ALSO commenting that 'other processes or injury' may have occurred because where some of the dysfunction was, did not match the nerve paths. I have two independent letters from two civilian specialists and my own VA primary care doc (also a Veteran) has written his opinion in the medical chart. I have the correct DBQ filled out from a specialist and the initial letter I got I asked her to write the words "it is more likely than not that this occurred during her medical treatment as it can only occur in traumatic injury

GOOD LORD...what do I have to do...print it out, highlight it and walk it down to regional and shove it at them? (not really, I will not do that, this is internet frustration and hyperbole) 

[Tbird]

welcome aboard reddoc! hopefully some folks will jump in and guide you in the right direction.

 

[Buck52]

you might try to penn this to the location and dates as close as you can, your unit name , company commander ,monring reports &buddy statements of the time it happen  with your lay statement   and the VA can clear it with  Records Dept..b/c so many things go unreported and documented.

Just try to remember what happen when it happen and location and get the dates as close as you can give an example of the things that incurred at that time in full detail.  using your lay statment.

 

I had to prove a stressor that went unreported beings I had no record of it,,,,I used the time President Nixon had implemented the troop phase down with draw from Vietnam   we had orders to go to Saigon  Ship port to get transportation buses  and coming down hiway 1  a booby trap exploded in front of me on a bridge and i  seen a civilian Vietnamese man get cut half into   that went un reported  and I had no way to prove it happen  so I used buddy statments of the time and dates & of other things that was happening at the time as close as possible..if you can point out a location and date when it incurred that should be good enough.

jmo

[waccamawwild]

When it gets to this point and I have definitely been in your shoes I would write to my congressman and ask if they would submit your evidence that they say they don't have or that they ignore. It worked for me for my Bipolar Disorder and I got a high rating through a Decision Review Officer appeal.

[broncovet]

First things first.  Order a copy of your CFile, and see with your own eyes exactly what evidence the VA has/does not have.  Compare that with evidence in your records, and you will likely find the reason for denial:  Missing evidence.  

Then, you can reopen the claim under 38 CFR 3.156, and your effective date will depend upon:

1.  Whether or  its new "service records" that went awol.  38 CFR 3.156 C

2.  Whether or not your claim is "pending".  3.156 B.

   Anything else is just a guess.  Dont guess.  Its your life, so get your file and read it.  

[reddoc]

So, I already have all the evidence. ALL OF IT. It was a medical trauma during a medical intervention by an Army doc...it's actually documented IN MY MEDICAL FILE...it's like...I want to hit my head on a wall. With the DBQs and letters...I don't know how much evidence i can get...I'm hesitant to get an attorney due to the percentage they take at the end, even if no retainer upfront. Maybe it's worth it...IDK...i'm so exhausted from this...

[reddoc]

Now i'm wondering if that particular medical is missing...I will get a copy of Cfile. Thank you!