Backdated LOD's

[Tiago]

Hello all,

I injured my back on 2018. The doctor who examined me did a quick "movement" check or a similar exam that the VA does for limitation of motion. I was in pain the whole time and he prescribed me muscle relaxers and sent me out the door. I asked for an X - ray and MRI and I was denied. This injury due to negligence or anything like that. I was performing a assisted lift with a buddy and he dropped his side of the weight we were carrying (several hundred pounds) I had an informal LOD investigation and received a LOD for lumbosacral strain because that is what the Doctor diagnosed. This was all effective service connected in August 2019.

 

In February of 2020 I was walking on a treadmill at the gym to stay in shape for the APFT. I had a small back spasm then a very large back spasm back to back. I fell off the treadmill and had excruciating pain in my back. I went to the doctor and I was diagnosed with degenerative disk disease from my neck to my tailbone (11 discs) and grade 1 retrolisthesis (slipped vertebra).

Now I have a P3 profile signed off by the 2 doctors for the military. In July 2020 I was put into IDES for all of this. Now my approved LOD from 2018 is being changed to reflect the actual injuries. It has not moved past the investigative officer. I have had 6 investigative officers the newest assigned on December 23rd. 

 

My question is has anybody gone through this? I am extremely frustrated because they already saw this as a service connected LOD. The Appointing authority and Investigative officer has not done their job and keep passing it off to other people. It has now been 7 months and I cannot start my Med Board until this investigation is complete. I understand these things can take time but from what I have read in AR 600-8-4 it looks as though they have 6 months to complete the investigation. However it does not say what happens when it keeps getting passed around.

 

Any advice is greatly appreciated. Thank you.

 

 

[broncovet]

While I was never "med boarded", I have spoke with those who have.  

It usually takes a long time.  

You said you "asked for an xray or mri" and was denied.  

My advice:  When you do get out (Im assuming you are still in service), tell them to make a "note" on your exit physical you requested xray or mri and were denied).  

Then, go to the  as soon as possible (after exit from service), and apply for benefits.  VA gives you a "presumptive" if you apply during the first year from service.  Dont wait a year tho..for example if you have a car wreck, VA can blame the car wreck (after service) on your injuries.  

And, whatever you do, get a copy of your records and keep them.  Va loves to lose your records, then deny it ever happened.  

Documentation, documentation, documentation.  

[Berta]

This forum might help with your questions.:

https://www.pebforum.com/

This one too:

https://militarydisabilitymadeeasy.com/pebprocess.html

And if you google PEB MEB plenty of sites will pop up to include how each branch of service handles these issue.

A PEBLO is a good person to find where you are stationed but I understand that is often difficult.

PEBLO Physical Evaluation Board Liaison Officer.