C&P Results....less likely....

[Foxhound6]

Well this sucks. It appears even after I had a nice examiner, he opined against me. Oddly enough, the reason was because the lack of complaints I made when I initially got out. I even told him that I DID complain about my back and neck pain but the NP just told me it was probably because of my SC knee issue, which he did NOTE! I feel a little betrayed lol Have a look for yourselves...

Not even sure how to come back about this now lol It almost like he just shot a torpedo at my entire claim and anything I could say to argue...

DBQ Redacted.pdf

[ShrekTheTank]

you can defiantly fight this!  Do not let them get you down.  That is what they want.  Now you know what they are looking for and you can write some Lay statements and show how bad it really is!  

Often we guys think we have to be so tough and don't report every little thing and they will ding us for that and it is crap.  I don't have time right now but later i will read your DBQ and give some more advice.  Also other here I am sure will hit you back with some great information!

 

You can do this!!!

[Foxhound6]

Thanks Shrek! I have a couple ideas....supplemental route. I did mention to my provider in 2013 about my back and neck but she felt it was more due to my SC knee at that time so she never did imaging or even noted my complaint. The CP doc even noted that I told him that...So i could cite that and his note in the CP exam. If that is his only reservation that is...otherwise ill go to plan B and do it secondary to my knee..

[awgv001]

57 minutes ago, Foxhound6 said:

Well this sucks. It appears even after I had a nice examiner, he opined against me. Oddly enough, the reason was because the lack of complaints I made when I initially got out. I even told him that I DID complain about my back and neck pain but the NP just told me it was probably because of my SC knee issue, which he did NOTE! I feel a little betrayed lol Have a look for yourselves...

Not even sure how to come back about this now lol It almost like he just shot a torpedo at my entire claim and anything I could say to argue...

DBQ Redacted.pdf 92.27 kB · 1 download

I have an idea, and what may greatly impact a change in outcome - pretty much what @shrekthetank1 said.

It sounds like you need backup on your In-service event of injury - perhaps through Facebook or other SM you can get in touch with people you may have served with and have them provide their statement around the circumstances. I got SC'ed on a couple contentions because I complained to my pals, and not to the corpsman, in which case they opted to provide an objective report - if you can do this, make sure they don't write up opinions (they aren't doctors, most likely) so they need to be able to share what they saw, heard, etc. during the event.

It sounds like contesting this argument will fall flat without something else signifying that a particular injury was the causation.

 

Case and point - the examiner doesn't have enough evidence to be convinced that the issue is SC'ed. Show them otherwise

[Foxhound6]

12 minutes ago, awgv001 said:

I have an idea, and what may greatly impact a change in outcome - pretty much what @shrekthetank1 said.

It sounds like you need backup on your In-service event of injury - perhaps through Facebook or other SM you can get in touch with people you may have served with and have them provide their statement around the circumstances. I got SC'ed on a couple contentions because I complained to my pals, and not to the corpsman, in which case they opted to provide an objective report - if you can do this, make sure they don't write up opinions (they aren't doctors, most likely) so they need to be able to share what they saw, heard, etc. during the event.

It sounds like contesting this argument will fall flat without something else signifying that a particular injury was the causation.

 

Case and point - the examiner doesn't have enough evidence to be convinced that the issue is SC'ed. Show them otherwise

AWGV, thanks for the idea. I have done so actually. He noted them in his notes. However, he never did mention the SSG who actually caused the event, only everyone else. He even mentioned my fathers statement   (i lived with my father once I got out of active duty and complained of the back and neck pain, I absolutely have continuity of the issue from the time I got out of AD to current, it seems he based his "opinion" solely on the fact that there were no notes listed under my initial visit to the VA in 2013) In fact, I did complain and the NP said it was "probably due to my gait and my SC knee" issue and she never noted it. So he is creating evidence based on no evidence? It is a little puzzling honestly.

[awgv001]

16 minutes ago, Foxhound6 said:

However, he never did mention the SSG who actually caused the event, only everyone else.

This person provided a statement? If so I would be sure to voice that particular point in your argument!

I have noticed that if a document isn't signed, with all the name/contact info included, AND notarized - they weigh it less and less, or even ignore it (>_<) it has and will happen - this is where we can ensure that light is brought to the particulars of our cases. That 2013 report really stuck a splinter into this claim and the argument of "continuity" - it MUST be countered in order to tip the scale.

[Foxhound6]

35 minutes ago, awgv001 said:

This person provided a statement? If so I would be sure to voice that particular point in your argument!

I have noticed that if a document isn't signed, with all the name/contact info included, AND notarized - they weigh it less and less, or even ignore it (>_<) it has and will happen - this is where we can ensure that light is brought to the particulars of our cases. That 2013 report really stuck a splinter into this claim and the argument of "continuity" - it MUST be countered in order to tip the scale.

Yes. The 2013 report he refers to is when I first went to a VA clinic...at around 25 years old...I did tell them about the back and neck but they passed it off like it was expected due to my knee issue and never noted it or did an exam. When I finally went to another clinic (a better one that listened more) and when the pain was much worse in 2016 or so, that is when it was noted and imaging was done...I really don't like that he is trying to use the lack of notes as a less likely opinion. It doesn't seem that relevant considering I have continuity of the issue starting with my father after AD. All statements were done properly and accepted, I did confirm that much before hand.