Reopening back claim after Saunders

[pascoz28]

SO...it seems to me that they basically said because I had no diagnosis that I was out of luck. They admit that I was seen for my back as far back as 1992 and that I've had treatment since discharge. They didn't mention that 'chronic back pain' is listed as an active problem in my VA health record and that I've been on medication for back pain since 2008.

Now that Saunders v Wilkie has reversed the need for an underlying cause, how do I reopen this claim since the pain is in and of itself is now considered a disability?

Thanks!

 

 

 

 

 

Edited March 21, 2022 by pascoz28
Docs not readable

[Dustoff1970]

I cannot read your PDF but you do need a current or a former diagnosis of your medical condition you claim from a qualified MD doctor or medical specialist and No. 2 you need a nexus connecting your medical condition to your service or a nexus statement from an MD giving reasons why they believe your medical condition is related to your service or that it is secondary to another service connected condition you may have now.  They must give detailed explanations/rationale for why they believe this.

Do you have any military medical treatment records from your time in service showing you were treated for back problems or back pain or back injury, etc ?.  This would be most helpful.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited March 21, 2022 by Dustoff 11

[pascoz28]

Oops...I'll try to reload those documents...my apologies.

Yes, i do have a diagnosis of 'lumbago' by the VA stretching back to 2008. It is documented in my records that I sought treatment for back pain.

Once you read the denial letter it will make more sense.

Thanks for your reply!

[pacmanx1]

This is not a denial letter; it is a letter asking for more evidence or information about your disability. 

I can see your name and file number that should be redacted or covered up.

Do you have an actual decision letter?

This is known as a VCAA Notice.

What to do when you receive a VCAA Notice | CCK Law (cck-law.com)

Edited March 21, 2022 by pacmanx1

[pascoz28]

20 minutes ago, pacmanx1 said:

This is not a denial letter; it is a letter asking for more evidence or information about your disability. 

I can see your name and file number that should be redacted or covered up.

Do you have an actual decision letter?

This is known as a VCAA Notice.

What to do when you receive a VCAA Notice | CCK Law (cck-law.com)

I am what some would consider mildly retarded...sorry about that and thanks for pointing that out!! I've added the actual denial letter as well.

[pacmanx1]

I can still see your name, can you please post the complete Reason and Bases section of this rating, please redact all personal information. It is still a little off because at times the VA will deny a veteran's claim even though the veteran may have an accident, incident or an injury in service, but VA fails to acknowledge as part of the claim.