less likely than not incurred in or caused by her service???

[LODI]

Thank you all for your service and help! I was a 88M Combat truck driver, E-5 in the Army. I did 2 tours to Iraq June 2006-Oct 2007 with 10,000 miles. Then got called up IRR and deployed again to Iraq April-2009-May-2010 and drove ANOTHER 10,000 miles. Because I was too busy on missions and had a million other things to worry about like IED's, I didn't complain about my wrist.  Everyone was in pain but we just drove on running on adrenaline. And because there is no "paper trail" , my wrist condition is not connected to service. After all the miles and loads I've secured....

Even though I am 90% SERVICE CONNECTED for PTSD, arthritis, lumbar strain, degenerative disc syndrome, tinnitus, bilateral knees and ankles. It seems like they just don't want to give me the 100%... I am in PAIN and am in my 30's feeling like I'm in my 80's. I did the RAMP and am not sure if that is going to back fire on me or not. Any help is appreciated!!! Thank you all again for your time and service!!!! Please read what follows I am beyond frustrated.

 

RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: MEDICAL OPINION REQUEST TYPE OF MEDICAL OPINION REQUESTED: Direct service connection

OPINION: Direct service connection Does the Veteran have a diagnosis of

(a) right wrist condition that is at least as likely as not (50 percent or greater probability) incurred in or caused by (the) potential injury to the wrist from driving hazardous roads in Iraq during service? Rationale must be provided in the appropriate section.

b. Indicate type of exam for which opinion has been requested: right wrist condition TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] b. The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury, event or illness. 

c. Rationale: The veteran's efile has been reviewed. The veteran is diagnosed with right hand tendonitis and right wrist tendonitis. Entry exam 4/11/20012 was silent for pre-existing condition. Upon review of STRs, there is no documentation of Veteran's complaints of hand or wrist pain that I can find in available service treatment records. PDHA 12/2/2007 specificaly notes no wrist or hand pain. She had a general medical exam just after separation 8/27/2010 that mentions no issue/condition with her hand or wrist. CPRS records reviewed and PCP note from 6/10/10 notes no hand or wrist complaint. Although it is documented the veteran did drive over 10,000 miles in service there is no documentation of pain complaints during or after her deployment while in service that I can find. The first documented visit for her right hand/wrist condition was 8/31/2017, several years after separation. Based on this, it is difficult to connect her current hand/wrist condition to her service. Therefore, the veteran has a diagnosis of Right hand and wrist tendonitis that is less likely than not incurred in or caused by her service.

[LODI]

Thank you so much for your response doc25!!!  I am getting a buddy statement from my squad leader and platoon sgt. Every one of us were in pain over there and continue to be in pain now and it's only getting worse. I have fought the good fight against the VA for 10 years now and have been through the appeal process. I know that there are hoops to jump through,  I just have to follow the bouncing ball...

I believe the original injury happened in a roll over exercise that I did in Kuwait before even going to Iraq. I have used my military license as proof of the training...

I appreciate everyone's help and am planning to share this awesome website with my battle buddies!!!

 

To answer your question about arthritis and everything... its easier to just copy and paste lol

 

[63Charlie]

I was just looking at your knees, and ankles ratings.

Should you have received a higher rating for your knees and ankles due to the bilateral factor of your strains?

 

 

Edited February 14, 2019 by 63Charlie

[LODI]

I really am not sure how the VA rates disabilities maybe I should look into my knees and ankles too?

[dajoker12]

I would strongly encourage you to not only get as many buddy statements as you can but to have all of them written on VA Form 21-4138.

I would encourage you to look at M 21-1 III.iii.2.E.2.b "Types of Evidence VA May Use To Supplement or as a Substitute for STRs" (You will see that buddy statements can, in fact, be used as STRs.)

I would also look at M 21-1 III.iii.1.B.7.a and 38 CFR 3.200 (requirements for certification of affidavits)

Based on those references, if you submit those buddy statements on the previously specified form, they can count as STRs in the absence of your claimed contention not being in them. 

Don't be afraid to submit your own statement, possibly even citing the aforementioned reference numbers and the case previously cited earlier in this post by another forum member.

There is strength in numbers........the higher the amount, the better, though quality should be the primary feature i.e. clear and distinct recollections of you treating the symptoms of your own hand/wrist i.e. ace bandages, ice, heating pads, etc. Statements about complaints of injuries. Dates, locations, etc. 

You can always put in for an increase exam for bilateral knees. 

Have any of the gulf war presumptive conditions affected you? You might want to research that. 

Have you ever actually gotten a diagnosis with either your hand or your wrist? You could potentially get a gulf war medical opinion for that as well. 

Has radiculopathy affected your lower right side? 

Many many Veterans also do not realize that carpal tunnel and wrist are not one and the same. 

Whatever you do, don't be silly like a lot of Veterans and put in for a tinnitus increase. 

Best of luck.

Edited February 24, 2019 by dajoker12

[LODI]

Thank you so much. My diagnosis is for right hand tendonitis and right wrist tendonitis. I am in the process of getting buddy statements and I didn't know I could write one for myself as well. Thank you for all of your advice!!! And what do you mean I can't get an increase for tinnitus?!?