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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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S.R.Adams

Scoliosis

Question

I was diagnosed with scoliosis in 1974 by the doctors at the indoctrination center in Jacksonville,Florida.I entered into the military in 1975, June. While I was in the military, my spine was aggravated and it progressed. I have filed for disability benefits, and have been denied. What else can I do?

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Can you scan and attach the denial here - as to the Evidence they used and their reasons and rationale for the denial?

(Cover your C file # and name,address prior to scanning it.)

You might have to consider getting an independent medical opinion/exam.

Ths is a recent scoliosis award, and I believe they have the rating criteria in the decision. The veteran also has an additional disability ,still being adjudicated at his RO, and there seems to be evidence that the seconday disability is due to the scoliosis:

https://www.va.gov/vetapp17/files9/1757754.txt

We can help more if we know more - it is the actual words of VA in their decisions that can determine the next step.

An attached copy of the C & P exam that led to the denial would help too and knowing what the examiner's qualifications were.

We had a male vet here some time ago -who got a C & P for a back or leg problem and the exam was done by a gynecologist. 😏

  Of course that exam was deficient.

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Bertha is 100% correct on this.

I was SC for Scoliosis only because my STR showed it after they said I had lumbar strain.

Since scoliosis is a sub specialty in orthopedic I went to a scoliosis specialist for an IMO. Without that IMO I probably could not have gotten SC. 

Its going to be hard to prove that there was progression of your condition beyond what would naturally have occurred without a specialists IMO. The tech in 74/75 was primitive compared to today. No MRI avail until 93 in the majority of US Hospitals, so they only had x rays. Did you get xrays in service? They are kept separate from the STR's, and you have to ask specifically for the xrays from St Louis archives. Helps if you ID the hospital, and month and year they were taken. If they exist its 3-4 months before you see copies, so jump on that fast.

Get on the phone and call every scoliosis center in your region, ask for IMO based on a review of records and an examination. Provide a concise analysis of the records, and bookmark everything so the specialist can go right to the info you give him in both STR and private treatment records. Make it easy for them and they may be kinder to you.   The IMO needs to state that your work in active duty did aggravate and make worse the scoliosis, and if possible, to what degree beyond what would be considered natural progression based on known medical literature. Make sure you add your own statement about what you have experienced with the Scoliosis, as well as spouse and family that are familiar with your trek. Parents statements describing back problems and your history would also be strong.  If its done right, the VBA will take one look at it and give you what you ask for.

I know scoliosis usually does not progress much at all unless the curve is beyond a certain degree. If you entered with a slight 12 Degree curve, your spec should state that it would have been very unlikely to progress on its own, if at all. The amount of progression should be well documented for this claim because it was identified when you were given your entrance exams.

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You need to file a NOD, disputing the denial.  Look up the "reasons and bases" for denial in your decision, read your medical file and see if they are consistent.  

You want to try to refute the VARO's reasons for denial.  As Berta said, if you post those reason for denial, we can (maybe) help you try to refute them.  

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Hi,

I agree with Broncovet...file a NOD to dispute the denial.

You have come to the best place for help and the place is Hadit.com

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