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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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lsutiger1987

Missed obvious medical documentation during C&P exam

Question

Hi All,

I appreciate any tips or advice on how to win my claim! Here is a basic overview:

1. Got denied for Lumbar condition even though I clearly have it documented from '05 until my retirement in '12 with diagnosis of Lumbar strain and chronic pain shown. I literally have two medical records that give a summary of my history of pain going back for 4 years since the initial ER visit in '05, with no prior history of back issues.

2. VA claim decision states in part "the evidence does not show a chronic disability during service nor after active duty, therefore service connection is denied....although there is a record of treatment for thoracolumbar spine condition, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service..."

3. NOD is due by August 15, 2018 - does anyone believe that I can get that overturned at the Regional level?  I have a doctor about to write a nexus opinion and with a current MRI diagnosis of DDD (stenosis and bulging disc, radial tear, foraminal narrowing) of Lumbar region, taking inflammatory meds for pain and valiums for spasms, seeing Physical Therapy recently as well.

 

Regards!

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The doctor will have to rebutt this statement with a full medical rationale, referring to your SMRs, and all subsequent medical records:

".although there is a record of treatment for thoracolumbar spine condition, no permanent residual or chronic disability subject to service connection is shown by the service medical records or demonstrated by evidence following service..."

 

"I have a doctor about to write a nexus opinion and with a current MRI diagnosis of DDD (stenosis and bulging disc, radial tear, foraminal narrowing) of Lumbar region, taking inflammatory meds for pain and valiums for spasms, seeing Physical Therapy recently as well." The doctr will need to review the RI ad make sure that VA has a opy opf it. He/she should also have copy of your last C & P exam for this.

The doctor needs to establish that the exus bega in service, and continued to cause these problems.

I hope your claim states the medical condition accurately. IMO/IME criteria is in our IMO forum.

 

 

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