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Just starting Disability claim from first denial response

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BadWolfe

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BadWolfe Apprentice

BadWolfe

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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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GBArmy
GBArmy

BadWolf Welcome to Hadit. Two things: first, most important; you need a nexus letter from a doc or med specialist that you have a current back condition disability, which is a diagnosis, and then , ne

GBArmy
GBArmy

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 acu

john999
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 t

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john999 Grand Master

john999

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I hate having to go to the BVA.  If you are unemployable not many can wait two years to start getting a decent income from the VA.  I got all my major claims done via the old DRO system.  Now days if I file a claim and don't get approved I just automatically appeal it.  Even if it is for 0% I am going to appeal.  Years ago I did not appeal a decision and it costs me many thousands of dollars because I could have won on appeal but I was too dumb to know it.

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BadWolfe Apprentice

BadWolfe

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25 minutes ago, john999 said:

I hate having to go to the BVA.  If you are unemployable not many can wait two years to start getting a decent income from the VA.  I got all my major claims done via the old DRO system.  Now days if I file a claim and don't get approved I just automatically appeal it.  Even if it is for 0% I am going to appeal.  Years ago I did not appeal a decision and it costs me many thousands of dollars because I could have won on appeal but I was too dumb to know it.

Ok!  Message heard loud and clear.  Greatly appreciate your help here.

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GBArmy Grand Master

GBArmy

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Agree with John999 Note his second sentence: "Ita is as likely as not." It isn't nitpicking; you want those words on your doctor's nexus opinion.

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Tbird Grand Master

Tbird

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3 hours ago, GBArmy said:

Agree with John999 Note his second sentence: "Ita is as likely as not." It isn't nitpicking; you want those words on your doctor's nexus opinion.

Helpful article 

Less Likely, More Likely Than Not – and why reasonable doubt rule is one of the most important liberalizing rules that Veterans Affairs uses…

reasonable-doubt.png

 

https://www.hadit.com/less-likely-likely-not-va-disability-legal-phrases/

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPoint | FaceBook | LinkedIn | About Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

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I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

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