Just starting Disability claim from first denial response

[BadWolfe]

I am new here and new to both requesting a disability rating as well as receiving a denial letter from the VA.  Any help and advice is needed and appreciated.  The VA letter agreed that the issues with my back were documented during my service (Army 1978-1981) and that I can now show severe damage to two locations of my spine.  I've had no injuries or accidents since leaving the Military and employment was office related type work.  The reason stated for denial was that the examining Physician "opined" that he did not see evidence of "continuity" of injury.  In other words, I don't have documentation of my visits to Chiropractors, Physical Therapists, Massage Therapists, Physicians starting in 1981, after discharge, although I did all of those and more (tried acupuncture at one point). 

Any advice on how I should proceed?  I've already tried to reach back through insurance company records, but those companies tell me they can only go back as far as 2011, so that is not my solution for proof.  Also, I did not have consistent a consistent Doctor or service providers during those years to have any records provided from them.

Training during the timeframe of 1978 through 1981 was not the most ergonomic.  Is there any source documentation concerning the changes of toward more ergonomic Military equipment? 

[63Charlie]

On 3/24/2022 at 1:14 AM, john999 said:

Now you need to send in your notice of disagreement right away.  This starts the appeals process.  You will have plenty of time to gather up all your new and old evidence.  If you could get a doctor to state that after a careful examination of all your medical records he believes that it as likely as not that your current disability in a continuation of the back problems that first emerged in service. The doctor believes that your back problems are a result of your military service.  Something to those words could be your nexus.  That is called getting an independent medical opinion.  This is what the VA pretends to do all the time and you see how that worked out.

If you can get a doctor to submit supportive medical treatises with his nexus opinion it would be much more favorable.

Any doctor can give a favorable nexus opinion... but any nexus opinion must have a supporting rationale to substantiate it in order for it to be given credibility.

[john999]

That's true Charlie.

[BadWolfe]

7 minutes ago, 63Charlie said:

If you can get a doctor to submit supportive medical treatises with his nexus opinion it would be much more favorable.

Any doctor can give a favorable nexus opinion... but any nexus opinion must have a supporting rationale to substantiate it in order for it to be given credibility.

Thank you.  Ok, the way I am looking at this now is, I have documentation when I was in the Service, before discharge.  I have medical proof of the severe disk damage now.  There were no accidents, injuries and "after discharge" employment was office work.  A doctors nexus opinion tying those two together, service documentation and recent diagnosis seems, on the surface, to feel credible.  I am going to my current doctor and asking them for the support.  If not, I will go back to the last doctor that wanted to replace the discs.  That is my current approach from everyone's advice.

[63Charlie]

A lay statement indicating continuity of symptoms from you on the proper VA form is favorable evidence.

Others that are familiar with your symptoms you have from your injury can be submitted as favorable evidence on the proper VA form, and are called buddy statements by the VA.

Research the "Caluza Elements" definition, and learning this will take your far into knowing what will be required to prove nexus for your disability.

I think Chris Attig discusses the matter.

Many treating doctors do not have the expertise to provide medical nexus opinions.

Most are simply not interested.

I had to travel from Fl to Ok. City to get a nexus opinion from the Ellis Clinic.

They specialize in legal medicine and he has YouTube videos.

But if you can get a freebie from a treating doctor you did good and those carry a lot of credibility as well(if done right)..

Edited March 25, 2022 by 63Charlie

[BadWolfe]

4 minutes ago, 63Charlie said:

A lay statement indicating continuity of symptoms from you on the proper VA form is favorable evidence.

Others that are familiar with your symptoms you have from your injury can be submitted as favorable evidence on the proper VA form, and are called buddy statements by the VA.

Research the "Caluza Elements" definition, and learning this will take your far into knowing what will be required to prove nexus for your disability.

I think Chris Attig discusses the matter.

Many treating doctors do not have the expertise to provide medical nexus opinions.

Most are simply not interested.

I had to travel from Fl to Ok. City to get a nexus opinion.

Wow. Thank you for that!  It lets me know that if I am unsuccessful with my doctor to keep fighting!

[BadWolfe]

20 minutes ago, 63Charlie said:

A lay statement indicating continuity of symptoms from you on the proper VA form is favorable evidence.

Others that are familiar with your symptoms you have from your injury can be submitted as favorable evidence on the proper VA form, and are called buddy statements by the VA.

Research the "Caluza Elements" definition, and learning this will take your far into knowing what will be required to prove nexus for your disability.

I think Chris Attig discusses the matter.

Many treating doctors do not have the expertise to provide medical nexus opinions.

Most are simply not interested.

I had to travel from Fl to Ok. City to get a nexus opinion.

I just found an article written by Asknod.  They state not to use your local doctor, but the Nexus needs to be written by "...  You need a doctor who writes nexus letters-not your own doctor who only has 15 minutes to see you, order and look at x rays, review your service records and write up an Independent Medical Opinion..."

I think this means I need to find a VA approved doctor?  I do not have one of those, and don't know how to find a doctor who writes Nexus letters.  I need to research this.