Higher level review

[El Train]

I have an MD opinion stating it is more likely than not veterans lower back issue and sciatica was caused by an in service event (in my medical records).  Had a VA C&P done by a nurse practitioner.  ROM was all out of whack.  She states veterans level of participation questionable.  Less than likely as not (of course), due to the fact I didn't complain on exit physical and medical records are silent for a number of years.  Have buddy and spouse statement explaining treatments when I got out and they (more than once) drove me there due to flare ups.  Medical records get destroyed after 7 years when I went to retrieve them.

Should I file a higher level review or just appeal it?  I'm at 100% barely, and everything I applied for approved.  Based on medical evidence connecting in service incident, treatment, buddy statements and MD opinion more likely than not.  I do not care if they review all other claims, as I have sufficient evidence to back them up, or have the means to get more if needed.

[GBArmy]

Sure, make sure all your personal info is redacted. I don't get it either. Did you look up what your disabilities are posted in ebenees and see if they changed. Is it by chance rated as 0%? The VA just can't disregard what your IMO said; they have to talk to his points. Tie is supposed to go to the veteran. 

[rsm-esq]

23 hours ago, El Train said:

I have an MD opinion stating it is more likely than not veterans lower back issue and sciatica was caused by an in service event (in my medical records).  Had a VA C&P done by a nurse practitioner.  ROM was all out of whack.  She states veterans level of participation questionable.  Less than likely as not (of course), due to the fact I didn't complain on exit physical and medical records are silent for a number of years.  Have buddy and spouse statement explaining treatments when I got out and they (more than once) drove me there due to flare ups.  Medical records get destroyed after 7 years when I went to retrieve them.

Should I file a higher level review or just appeal it?  I'm at 100% barely, and everything I applied for approved.  Based on medical evidence connecting in service incident, treatment, buddy statements and MD opinion more likely than not.  I do not care if they review all other claims, as I have sufficient evidence to back them up, or have the means to get more if needed.

Yep... feel free to email me the VA decision directly: raza@rsmlawfirm.com

Edited July 20, 2019 by rsm-esq

[El Train]

 

On 7/20/2019 at 3:02 PM, GBArmy said:

Sure, make sure all your personal info is redacted. I don't get it either. Did you look up what your disabilities are posted in ebenees and see if they changed. Is it by chance rated as 0%? The VA just can't disregard what your IMO said; they have to talk to his points. Tie is supposed to go to the veteran. 

Here are the redacted files.

Ellis opinion lumbar, sciatica redacted0013.pdfRedacted lumbar sciatica spine decision0020.pdf

Edited July 22, 2019 by El Train