New C@P exam for Cervical Spine

[Ken Dillon]

Quick history I was a crew chief on CH 46 for seven years with 2000hrs of flying. I put in a claim for my cervical spine since I had neck fusion from C4 to C7. My claim was denied  I put in NOD 8 months ago or long have no replay VA can't find it, I have copy. I put in Supplement Claim, after 4 months I am being schedule for another C@p exam, I have my flight log, and NATOPS jacket and my maintenance training jacket should I bring those with me, One reason it proves my flight hours, and equipment I worn and tested body armor. Show also heavy maintenance that I perform, I have also sent in 3 medical opinion letters from 3 different doctors. Any put would be greatly appreciated.

[brokensoldier244th]

You could but I would definitely stickynote or ear-mark only the relevant pages you want them to see- they aren't going to to go through all of it right there. You can enter that stuff into the record yourself direct to your claim file via your POA or scan it in at home. You can even scan it on your phone, save as file, upload the whole mess in 1 shot through VA.gov (or ebenefits, if your claim started on that page)- CamScanner is free and works great, though there are many other phone scanner programs. Ive used CamScanner for over 5 yrs w/no issues. 

[pwrslm]

Sample Lay Statement by Veteran. Direct and to the point. Do not miss anything. the first time out throw in everything found in your medical record that you were seen/treated for. Lay statements do not give any diagnosis, but does state what the doctor said to you about your condition, and how your experience can directly relay what it is and does. You are not limited to these specific attachments, so flight logs, lay statements from buddies that you with in combat, and family and friends can also provide eyewitness (testimony) lay statements about the condition the same as you who experienced the disability. Keep it short and sweet, but do not miss anything. After 2-3 pages, the RO may get bored. 

 

Hello folks at the VA Benefits Admin,

The evidence that I have that proves service records/history is located in the attachment 1 on page 22 (see lines 12-64). Evidence of injury during active duty is on page 64 (see lines 3-20) in attachment 2. Evidence of nexus is in attachment 3, and evidence of the current condition is on pages xx, xx, xx, and xx of attachment 4.

This is a summary of my experience with the pain and disability I personally have experienced due to this condition.

This is a conclusion that summarizes my claim with specifics noting any primary and/or secondary issues, including aid and attendance or housebound, etc, etc...

Signed by the good Veteran Citizen

 

Attachments 

1-military personnel records with DD214

2-active duty medical records

3-medical records and statement from Dr Good Guy on current condition and etiology

4-VA medical Records showing current condition

5

6

7...

 

 

 

 

This can all be done on a PC or laptop and uploaded as evidence on Vets.gov .  After that, take the entire thing to your local VBA in your local VAMC and get a signed receipt for the packet. 

Edited December 29, 2021 by pwrslm

[Rivet62]

I was in a very heavy AFSC(MOS), 40 years ago, that had me in very awkward positions which caused back injury. The medical opinion I was able to get pointed to National Institute of Health (NIH) guidelines for the weight I carried relative to my body weight and height.  It showed that I was physically out of range for the AFSC (MOS). The opinion I got, from a medical doctor, simply said that "damage to the spine cannot be discounted."  Perhaps you can draw from readily accepted standards somehow, like I had from the NIH?

[pwrslm]

Medical treatise is good evidence. The standards that show that you were more likely to be injured would need to be considered by a Dr and confirmed as "more likely than not" , "as likely as not" or "is due to" to have meaning. I suppose this is what the VA is looking for in the new C&P.

Flight records and medical records from then "and" now are good evidence, but you also have statements from more than one MD, so you should not have a problem with the nexus. Hopefully the MD statements were conclusive, and not speculative. The VA has a habit of disregarding statements that are not worded in a definitive way on etiology (cause of the condition). The best is to use the phrases hyphenated above.