Appeal To The Board

[Chris Barnes]

Just received my third turn down from VA.  They say I can appeal to the board.  The reason for turn down is because “Not enough evidence to show service connection.”  They have records of me having physical therapy and sick calls for my back.  Isn’t any evidence some evidence?  Have people had good results from, “Appealing To The  Board?”

[Fat]

Ok Chris Barnes, I will take a stab and hopefully this helps.

You seem to satisfy the first criteria of a service injury or sickness.

Next, you need a certified diagnosis of a current back issue. This needs to be confirmed through x-ray, MRI, or nerve conduction test.

The therapy helps with treatment evidence; however you need a diagnosed injury to satisfy chronicity or worsening of condition since leaving military.

I would visit a orthopedic back specialist and bring all your military and physical notes.

If they can confirm a injury (herniation, nerve impingement, degenerative joint disease as evidenced, etc), then ask them to opinion if the initial military injury has a relation with the current diagnosis.

If you can secure all three levels of the evidence, then submit appeal to the BVA.

1. In service injury or sickness

2. Current diagnosis. Preferably by a specialist.

3. Nexus- statement of medical rationale of causation between military illness/injury and current diagnosis.

[Chris Barnes]

4 hours ago, Fat said:

Ok Chris Barnes, I will take a stab and hopefully this helps.

You seem to satisfy the first criteria of a service injury or sickness.

Next, you need a certified diagnosis of a current back issue. This needs to be confirmed through x-ray, MRI, or nerve conduction test.

The therapy helps with treatment evidence; however you need a diagnosed injury to satisfy chronicity or worsening of condition since leaving military.

I would visit a orthopedic back specialist and bring all your military and physical notes.

If they can confirm a injury (herniation, nerve impingement, degenerative joint disease as evidenced, etc), then ask them to opinion if the initial military injury has a relation with the current diagnosis.

If you can secure all three levels of the evidence, then submit appeal to the BVA.

1. In service injury or sickness

2. Current diagnosis. Preferably by a specialist.

3. Nexus- statement of medical rationale of causation between military illness/injury and current diagnosis.

Thanks for the information Fat.  I am currently 100% disabled with social security for my back (multiple fusions and a spinal stimulator). I’m sure my family doctor will write a Nexus statement.  I was wondering if I should get an attorney.  I read on most forums to not waste my time with one.  What do you guys think?

[Hucast21]

44 minutes ago, Chris Barnes said:

Thanks for the information Fat.  I am currently 100% disabled with social security for my back (multiple fusions and a spinal stimulator). I’m sure my family doctor will write a Nexus statement.  I was wondering if I should get an attorney.  I read on most forums to not waste my time with one.  What do you guys think?

Get an attorney.

At least you know if an attorney takes your case, there is a good chance he or she see an approval/win.

edit: if memory serves me correct, law firms have a higher winning percentage for appeals than VSOs.

Edited May 6, 2020 by Hucast21

[GBArmy]

I'd go with the majority opinion here. I would also recommend a lawyer. Some evidence is evidence. Lawyers argue the "some' partl that's what they do. If they recommend adding more evidence, you can chose to do that. I wouldn't expect a VSO is going to be able to argue your legal position at a BVA, unless the VSO is exceptional. You have evidence, but as is, it isn't a slam dunk. So hire a lawyer, IMHO.

[ShrekTheTank]

Personally I would wait for the BVA to do their thing then get a lawyer when they will pay for it at the CAVC.

[Hucast21]

8 minutes ago, shrekthetank1 said:

Personally I would wait for the BVA to do their thing then get a lawyer when they will pay for it at the CAVC.

That can take years if the veteran doesn’t file the correct paperwork. If a veteran doesn’t submit the correct form, their appeal could be stuck in legacy hell (if original claim was filed in 2018 or earlier).

With an attorney, a veteran can request their claim to go under AMA, which saves time with the added benefit of having an attorney present their case before a BVA hearing.

Edited May 7, 2020 by Hucast21