Claims question

[MMTOTZ]

Hello all. 
 

Been fighting a back claim for last 3 years. Every time, send in new information, get new C&P exams, get different decisions ( but all not service connected), it has been renamed a different disability 5 times. 
 

Have recently been diagnosed with Ehlers Danlos. Has anyone ever had experience with this? Yes, it is genetic, but no, I was not aware that I had it. 
aA little bendy, yup, but thought some people were just like that. 
definitely a good reason why hurt my back way I did years ago, and body ended up way it is now. Spinal fusion last July. 
 

Don’t have funds for lawyer, or the crazy amounts for private nexus letter. 
 

 

[Lemuel]

19 hours ago, MMTOTZ said:

Hello all. 
 

Been fighting a back claim for last 3 years. Every time, send in new information, get new C&P exams, get different decisions ( but all not service connected), it has been renamed a different disability 5 times. 
 

Have recently been diagnosed with Ehlers Danlos. Has anyone ever had experience with this? Yes, it is genetic, but no, I was not aware that I had it. 
aA little bendy, yup, but thought some people were just like that. 
definitely a good reason why hurt my back way I did years ago, and body ended up way it is now. Spinal fusion last July. 
 

Don’t have funds for lawyer, or the crazy amounts for private nexus letter. 
 

 

Were you hospitalized for your back while on active duty as seems likely from your description?  If so, you have to request the inpatient records.  The hospital summary may be of rehab that does not mention your back or of another condition, like an infection, that was the last you were treated for.  If you are working on a claim from 2006 or earlier, your records may be in that 5+ mile high of unscanned documents the VA has yet to scan and probably never will.  

Have you been confirmed as having Ehlers-Danlos syndrome with genetic testing?  I had the genetic testing, and it and other hereditary conditions were eliminated for my spinal disc disease.

Get your military personnel file also.  There is a page of duty assignments that often have "limited duty" assignments for back conditions if someone has deleted your in-service sick call record which may be the case if your discs did not rupture until after you got out.  

I got my cervical disc disease aka desiccated discs service connected more than 50 years after my in-service accident that herniated a disc.  I had received surgery on my left wrist during the hospitalization as the finale thing in the hospitalization after being treated from 9/22 to 10/8 for the other residuals of the MVA and another 12 days of hospitalization for that.  The hospital summary only mentioned the wrist surgery and follow up treatment and associated the left anterior forearm loss of sensitivity to nerve damage from the surgery.  

I was hospitalized for sciatica from a disc rupture in 2003.  After recovering from that, about 6 months later, I caught myself slapping mosquitos on my left forearm.  Something I had not noticed in all of those years.  The loss of sensation was noted in my hospital in-patient record but not in the hospital discharge summary.  The neurologist noted the return of sensation on my request that it be checked and so, finally, in 2020 my cervical disc disease was service connected at 20%.  I am now in appeal to carry that back to the first 1974 claim for residuals of those MVA injuries because the 38 CFR 4.42 complete injury examination was not done.  Will let you know how my April 1, 2022, BVA hearing turns out and the resulting BVA Decision. 

My statements are based upon 13 years as a Hospital Corpsman in the Navy and subsequent fighting, since 1987, for veterans with organic brain syndromes that I observed in my PTSD groups from 1983.  That includes TBI from focal, incoming and multiple outgoing artillery, Cerebral Malaria and other organic brain disease and injuries.  My hearing is going to address a 11/26/1994 filing that should either be taken as an SA or an original "next of friend" claim for other veterans.  While my back is mentioned in the claim, it may be a stretch to include your spinal disc disease in the "next of friend" claim but you could try by asking to join my appeal by 06/29/2022.  One of the issues is the refusal to provide records and base medical evidence like EEG tracings and Radiographic Films including MRI, Xray, Ultrasound, etc.

If you or anyone else reading this can get your military medical records including any hospitalizations or a record of your efforts to get them by 06/01/2022 I will help you with the paperwork in filing.  No charge and no guarantees.  lembray@gmail.com Send me an email.

[Slick]

Board of Veterans Appeals has a number of cases.  See what they say and what was presented as well as what judge said. 

https://search.usa.gov/search?affiliate=bvadecisions. =Search engine.

Cases:

https://www.va.gov/vetapp21/Files7/21040067.txt

https://www.va.gov/vetapp20/Files4/20023529.txt

https://www.va.gov/vetapp20/Files1/20000554.txt

There are other cases.