Denied

[Disenchanted]

Good morning, new member here recommended by a fellow shipmate. We were all in the same squad at the same time as our admin @Tbird was. So you know it’s been a while since we were at 34 together.
I was an AMS and worked in airframes. 
I just found out my disability comp was denied. Zero percent service related disabilities. I’m fn numb. 

My claim included lumbar disc disease, but someone in their infinite wisdom at the VA put cervical spine, not lumbar. I don’t have any concerning issue with my neck. The reams of documentation I submitted all said LUMBAR.  
 

It got bad enough to require surgery because of non-existent discs, so a fusion was done S1-L5. My second claim was interstitial lung disease. We all were exposed to so many chemicals - we were dumb enough to douse our skin with freon to cut the hydraulic fluid. When I went for my C&P exam (drove an hour to get there), I get there and the nurse practitioner is conducting the exam 10 feet away from me from behind her desk. I ASKED for her to do a pulmonary function test on me, bet she said she couldn’t because, Covid. She never even listened to my lungs with a stethoscope. I was out of there in under 5 minutes

I keep getting worse every day. I had a cardiac catheterization because I bad an 80% blockage on my left ascending coronary artery. I never ever had a cholesterol issue and my lipid profile has always been pristine. 
 

Guys and gals, I don’t know what to do.
Do I request to open up a new claim? 
Do I appeal? I assuredly will be dead before the decision. That’s what they wast, I’m sure. Thin that heard.

thank you in advance for your recommendations!

Disenchanted
 

[pacmanx1]

IMHO (IN MY HUMBLE OPINION) you need an IMO/IME (INDEPENDENT MEDICAL OPINION/INDEPENDENT MEDICAL EXAM). The difference is that with the exam the doctor actually gives you a medical exam compared to the opinion that the doctor has reviewed both your in-service records and your post service records and gives his/her medical opinion that your current condition/disability is as least likely as not (50/50) probability cause by or the result of your military service. The doctor should give a good medical rationale.

Service connection requires the Caluza Elements which are: 1. An in-service event, incident, injury or accident, 2. A current diagnosis, and finally 3. A nexus (statement/letter) connecting 1. And 2 together with a good medical rationale. I agree with Shreck that you should file a disagreement but to win you are going to need a medical opinion that supports your claim.

Make sure you note in your disagreement that you filed a claim for your lumbar spine and not your cervical spine. Some ratings just don’t pay close attention to their claim and get the left hand mixed up to their right hand. It is possible to get this corrected, but you are going to have to fight.

Please stay around Hadit.com and read and learn as much as you can. The VA fights veterans at every level and there is a lot of information you can learn and please ask any question. I truly think that someone here has been where you are and maybe have some insight of how they overcame that situation.

[ShrekTheTank]

Can you please post the denial minus any Personal information.  

 

After reading this, you do not want a New claim for what you put in.  You want them to change what was put in as it was incorrect.  If you open a new claim the effective date will change.   

I would have a letter included that shows they did not look at your records and they did not read what you claimed.  You can do an HLR, some have had good luck with them and they are a bit faster, but a lower success rate.  I have been going with NOD (notice of disagreemetn) as this has given me the best results.  

We need to see the denial letter to give better adivce.  

[Tbird]

Welcome aboard shipmate it's been a long while since 34. Glad you found us and hope we can help.

[Disenchanted]

2 hours ago, shrekthetank1 said:

Can you please post the denial minus any Personal information.  

 

After reading this, you do not want a New claim for what you put in.  You want them to change what was put in as it was incorrect.  If you open a new claim the effective date will change.   

I would have a letter included that shows they did not look at your records and they did not read what you claimed.  You can do an HLR, some have had good luck with them and they are a bit faster, but a lower success rate.  I have been going with NOD (notice of disagreemetn) as this has given me the best results.  

We need to see the denial letter to give better adivce.  

 

[Disenchanted]

Thank you all so much for your support!! I don’t have the physical denial letter yet, only the final result of  my claim on VA.gov. As soon as it arrives or I am able to download it, ill post it sans personal info  

I have tons of post service documentation from civilian providers, radiology and lab reports and of course my last adventure with the cardiac cath last week. Also… my cardiologist is a retired Army doc and she is a fierce tiny tornado. I see her on 10/6 and I can ask her to write a letter. I’m sure she will - we totally bonded over the military thing and she knows the correct vernacular to use to write a formal letter to the VA. 
Thank you all again-I’ll be in close touch and happy to have found you all too!

 

 

[Disenchanted]

Hey guys! I’m back to provide you with my beautiful denial letter. I never did get it in the mail so I jumped through flaming hoops to download it. They don’t make ANYTHING Vet friendly. 
The letter does not mention the fk up they made by my claim of lumbar radiculopathy and chemical exposure at all.

But here it is. Thank you all for your guidance!! 
D.