New Claim - Where to begin?

[CGMedic17]

Hello All!

My name is Cris, and I served 4 years active duty in the USCG as a BM3. I am here on the recommendation of a co-worker who has had a lot of success in his claim with the VA and he suggested I do the same, stating you need an airtight case.

I am a 30 year old male who suffers from low back pain, which started towards my last 2 years in the CG. I was on small boats my entire career, was a Boarding Officer, Coxswain and Heavy Weather boat crewman. Daily, getting out of bed is rough, taking some time "to get the kinks out." I believe a lot of this has been caused by bouncing around in a small boat for 4 years wearing all of the equipment we were required to. I do not have much documentation of my injury when I was in, with it being attributed to 'wear and tear.'  As I stated, my co-worker has had great success in these forums with his claim, and I am hoping to have the same. I have been seeing a chiropractor for some time now and seem to get little relief from it but nothing of significance. 

I am unsure of a few things... 1. I currently work as a career firefighter/ paramedic and my body has been put through the ringer, does this put me at a disadvantage with a claim? 2. Do I even have a case? even though they could chalk up my injury to my current job with no previous documentation? 3. Where would I even begin? 

Any and all help is wanted and appreciated! Thank you in advance and stay safe!

 

 

 

[ShrekTheTank]

14 minutes ago, broncovet said:

I agree with the others, but will add:

1.  Like always, you will need all 3 Caluza elements for your claim to suceed.  Current diagnosis of a back condition by a doctor, Documentation of an in service event, and nexus or doctors opinion that your current diagnosis is related to an in service event.  

2.  If you dont have documentation of an in service event, then an IMO wont help you.  Buddy letters may suffice to establish an in service event.  

3.  Order your cfile and medical records.  See if you have a diagnosis, (back issues), as well as an in service event.  If you have these 2, an IMO doc can provide a nexus.  

4.  Documentation of symptoms "continuity and chronicity" may be required.  Does your condition show up on an xray or MRI?  This should help, if it does.  Generally, SC compensation is paid to Veterans based on their loss of ability to earn a living, to some degree.  Do your back issues limit your ability to work, or is it limited to early morning pain?  I dont know that, but you may have to have documentation of that for a disability rating above 0 percent.  Its gonna boil down to your records, and, as always, evidence.  

I think there may be some restrictions on benefits "unless you are on ACTIVE Duty".  (Excuse my ignorance I dont know if you served on active duty or reserves).

I think he did 4 years active.

[CGMedic17]

On 4/9/2020 at 7:08 AM, shrekthetank1 said:

Ok so a few questions first.  Have you ever been seen at like sick call or your regular doc for your back? Not  sure how the CG works.

Next it sounds like you have an in service even, but you are going to need an IMO of a doctor who will it is at least likely as not related to your time in service.  

Do you remember when your back pain started?  Do you have any other issues?  

I would go to Ebenefits and start a claim today.  You do not need to finish it just start it as it will preserve your start date, unless you are within one year of service?

Thank you for your reply. I did not go to a sick call or doc for my back while I was in. After I got out I went and saw my primary care doc after I moved. I really started noticing the pain in my last year or so of active duty, no other issues noted as of now related to the back pain. I will get going on the claim. Thank you again for your input!

[CGMedic17]

On 4/9/2020 at 8:24 AM, GBArmy said:

CGMedic17 Shrek's advise is spot on. Just to tag on, I would not only start with the intent to file, but order your c-file. You want to scour thsoes records and hopefully they will have some documentation of your injury. Could be something as simple as a notation you received some aspirin or muscle relaxers. You probably have been out of the CG for a few years, but you have a chance because you are only 30, so it's not terrible. The key will be anything in your str's and the IMO from your doc that says your condition is YEARS old and HAS happened or originated in the service. You want to down play heavy workload in your current job. Maybe OSHA and safety requirements have greatly minimize the "bull work"  as a paramedic???

Thank you for you input. Do I order the c-file through the VA? Also, thank you for your suggestion about my current job. 

[CGMedic17]

On 4/9/2020 at 8:34 AM, Berta said:

It sure is Spot oN! So is GB Army!

" Do I even have a case? even though they could chalk up my injury to my current job with no previous documentation? " they  will if they can- 

A good IMO/IME doctor ( you might need an inperson exam) will need a copy of our SMRs and Discharge Certificate- as you might have mentioned the back problems when you mustered out.And any private medical records too.

A good IME doc can rule out any other etiology ( cause) for the current back problems, which are 'aggravated' by your current occupation.

You might need to explain how your CG MOS caused back problems, and that would help the IMO/IME doctor to be able to prepare an air tight opinion.

They will need to follow the IMO/IME criteria here at hadit in the IMO/IME forum.

 

Thank you for all of your feedback! I am definitely going to try and see what comes of this. I will you all updated!

[CGMedic17]

On 4/9/2020 at 8:58 AM, broncovet said:

I agree with the others, but will add:

1.  Like always, you will need all 3 Caluza elements for your claim to suceed.  Current diagnosis of a back condition by a doctor, Documentation of an in service event, and nexus or doctors opinion that your current diagnosis is related to an in service event.  

2.  If you dont have documentation of an in service event, then an IMO wont help you.  Buddy letters may suffice to establish an in service event.  

3.  Order your cfile and medical records.  See if you have a diagnosis, (back issues), as well as an in service event.  If you have these 2, an IMO doc can provide a nexus.  

4.  Documentation of symptoms "continuity and chronicity" may be required.  Does your condition show up on an xray or MRI?  This should help, if it does.  Generally, SC compensation is paid to Veterans based on their loss of ability to earn a living, to some degree.  Do your back issues limit your ability to work, or is it limited to early morning pain?  I dont know that, but you may have to have documentation of that for a disability rating above 0 percent.  Its gonna boil down to your records, and, as always, evidence.  

I think there may be some restrictions on benefits "unless you are on ACTIVE Duty".  (Excuse my ignorance I dont know if you served on active duty or reserves).

Would a buddy letter just be from someone I was on duty with that could stand behind my claims of back injury? I will get going on this and keep you updated! thank you!

[GBArmy]

Yes; a buddy letter would help document your injury. If he said something to the effect that is saw CG after (the incident) and he was in pain. He had to... He was hurting for ...days, etc. Stuff like that. I don't know if you are or were married at the time, but a buddy letter from  someone who knew you before and can say when you were released you couldn't do ... what you used to. All that will help to document your conditions. IMHO buddy letters will help a lot. Hopefully, you have also one (statement in support of the claim.) Do it!