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Just starting Disability claim from first denial response

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BadWolfe

Question

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? 

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17 hours ago, BadWolfe said:

Thank you for this.  I do have that just in my wife alone.  I met her as soon as I was discharged, so she can attest to it as well as the decline.  There is no question it was identified while still in service and the two severe locations now.  With no accidents or injuries after my service, anyone can tell it was a progression.  It didn't just show up today.

I can attest that a letter from your wife is all you need to show continuity of symptoms.   My recent BVA appeal cited letters from my current wife and from my Ex-Wife granting some of my disabilities.  Now I will say that I had an IMO as well.  That may not be needed but the more evidence you have the better.  My IMO was a positive opinion (obviously) and the VA examiner provided a negative opinion.  The BVA judge cited the two letters and actually stated they were the reason for finding my IMO's more probative. 

It took me 20 years to get most of my disabilities service connected.  Keep in mind you DO NOT need constant doctors notes from over the years to show continuity of symptoms.  Now do they help?  Yes they do...immensely.   How could they not.  Notes from a medical professional go a long way.   But......VA disability is based off of symptoms.   So what you need to show is that you have consistently had symptoms and a letter from your wife can show that.   

I will give you an example of my own.  Some if it may be slightly different from your situation but the info may help.  Upon separation from service I was given 0% for my knees.  I got out in 1986.  I 2009 I was awarded 10% for each knee.   I did not submit any medical records.  The only thing the VA had to go off of was my SMR's.   I went in and described my symptoms.  Told them they have been on going since I left service and I treated my symptoms with over the counter medication.  Granted this was an increase because I was already service connected even if it was 0%.   I just wanted to show that even after many years a percentage is available. 

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The continuity thing seems to depend on the examiner. I left active duty in 2000. While on Active duty, I had issues with allergic rhinitis and sinusitis that both became chronic. It was probably around 2004 when I moved from Virginia to Arkansas that I really started having issues with both and started seeking regular treatment. I started allergy injections in 2005 and had sinus surgery in 2006. I didn't even know I could claim these as disabilities until 2012. I filed claims for both and both were granted and I wasn't questioned on continuity of care. I don't even recall have C&P exams for these either. 

You should be able to overcome the continuity issues by explaining that you self-medicated for years until things got too unbearable and you decided to seek treatment. Since the examiner opined that your current back issues are not related to the back issue you had in service, you're going to have to have your write a nexus letter saying that your current back issues are at least as likely as not caused by your in service back injury. 

If it were me, I'd get the nexus letter if you can get one along with a statement that you self-medicated for years and send this in as a supplemental claim. You'd get a decision much quicker than you would if you went straight to the BVA. I had claims languish at the BVA for about 2 years only to be remanded back to the RO for them to deny them again. I typed up a nexus letter, had my doctor sign it, and sent it in as a supplement claim and they were quickly granted. 

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  • HadIt.com Elder

A lot times the VA discounts anything you say as a vet.  They want medical evidence from a doctor.  Does the VA still do DRO claims?  That used to be a way to get a review sort of having to send your claim to the BVA and wait two years.  When I was trying to get TDIU I must have written the ten times explaining my condition.  I had everyone I knew write statments for me about my syptoms.  They just focused on the letter my doctor wrote.  I would still get buddy statements and statements from a spouse to attest to symptoms.    To get a nexus you really need a doctor to review your SMR's and opine that in his medical opinion your current symptoms are a continuation of the problems you had in the military.  They assume every vet is liar and just trying to get a free ride.

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7 minutes ago, john999 said:

A lot times the VA discounts anything you say as a vet.  They want medical evidence from a doctor.  Does the VA still do DRO claims?  That used to be a way to get a review sort of having to send your claim to the BVA and wait two years.  When I was trying to get TDIU I must have written the ten times explaining my condition.  I had everyone I knew write statments for me about my syptoms.  They just focused on the letter my doctor wrote.  I would still get buddy statements and statements from a spouse to attest to symptoms.    To get a nexus you really need a doctor to review your SMR's and opine that in his medical opinion your current symptoms are a continuation of the problems you had in the military.  They assume every vet is liar and just trying to get a free ride.

The higher level review is the DRO claim now.  

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