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? 

[BadWolfe]

2 hours ago, GBArmy said:

Refer to my response. You need a nexus that your current disability is connected you your service connected injury. And, you have to answer the continuity question. Ex. I self medicated, etc. took acupuncture, yoga, PT, etc. , etc. Here are the doctor/treatment bills, .... You have some of the evidence you need, get the rest.

Thank you GBArmy.  I have the documentation from my service time documenting the back pain.  The denial letter states in the "Favorable findings" that they concur that it was documented.  

Does that qualify as the nexus requirement?  I don't have anything beyond that record.

[john999]

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.

[BadWolfe]

4 minutes ago, 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.

Thank you.  I will definitely pursue that with my current doctor.  The unfortunate thing is that I've only known them for the last 10 years and this is reaching back 40 years....  I swear I am my own worst enemy for not having things documented after I left the service and kept those records.  I just was young and dumb.

[john999]

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   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.

[john999]

Badwolf

 

                 None of us probably made the best decisions when we were young because we did not know that some injury in service was going to disable us in later life.  Injuries I got and lived with for years did not really disable me until I was in my 50's and then it took me out of the game.  Don't beat yourself up over this because we all start at some lower level and then as we gain knowledge we aim higher.  I started out at just 10% and now have 100%.  It took me years.

[broncovet]

Correct.  You need to file a NOD, and obtain a favorable Nexus.  A favorable Nexus, to refute the earlier unfavorable one, could be done by one of your regular VA docs who is familiar with you.  

Or, you may have to hire your own doc, and get him to provide a Nexus.  Caution:  Many private docs, do not know the proper wording for a VA nexus.  

In other words you could go to your doc and he could say, "your (current diagnosis) could (or may) have been caused by your (in service event).  

Before you think about a nexus, do you have an "in service event" or aggravation which caused your current injury?  

If its been over a year since your denial, then filing a NOD wont do any good, you will need to try other things.