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? 

[Vync]

20 minutes ago, BadWolfe said:

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.

I wouldn't go that far. In his experiences, he found that just your average Joe doctor might not know all the in's and out's the VA would need. The VA likes to look for little gotcha's like not using their preferred terms for nexus statements ("probably" or "possibly" is bad, but "as likely as not" is good), not reviewing service treatment records or relevant documents, and even not including their curriculum vitae. Sometimes all it takes is to learn what the VA needs and help educate your doc, NP, or PA.

 

[deedub75]

3 minutes ago, Vync said:

I wouldn't go that far. In his experiences, he found that just your average Joe doctor might not know all the in's and out's the VA would need. The VA likes to look for little gotcha's like not using their preferred terms for nexus statements ("probably" or "possibly" is bad, but "as likely as not" is good), not reviewing service treatment records or relevant documents, and even not including their curriculum vitae. Sometimes all it takes is to learn what the VA needs and help educate your doc, NP, or PA.

 

Any doctor can do an IMO, but most probably aren't willing to do it. I had my ortho doctor do one for me. I wrote it for him and he signed it. I had a VA NP that kept denying orthopedic claims. I figured there was no way her rational could compete with his. He charged me nothing for the letter. 

There's a nexus letter template that I used. It covered all the bases that VA needs covered. In reality, you might not even need an IMO. For my OSA claim, I simply asked my doctor if my rhinitis and/or sinusitis could be causing my OSA and he said yes. I just asked him to write in my medical records that my OSA was most likely caused by my rhinitis and/or sinusitis and that was my nexus and my OSA claim was approved. 

[BadWolfe]

39 minutes ago, Vync said:

I wouldn't go that far. In his experiences, he found that just your average Joe doctor might not know all the in's and out's the VA would need. The VA likes to look for little gotcha's like not using their preferred terms for nexus statements ("probably" or "possibly" is bad, but "as likely as not" is good), not reviewing service treatment records or relevant documents, and even not including their curriculum vitae. Sometimes all it takes is to learn what the VA needs and help educate your doc, NP, or PA.

 

Outstanding advice, thank you.  I need to get educated and collect those proper terms and format. "... after reviewing service records and relevant documents, it is as likely as not..."  I am thinking that "relevant documents" would be everything I have already submitted to the VA as part of my original claim.

[BadWolfe]

29 minutes ago, deedub75 said:

Any doctor can do an IMO, but most probably aren't willing to do it. I had my ortho doctor do one for me. I wrote it for him and he signed it. I had a VA NP that kept denying orthopedic claims. I figured there was no way her rational could compete with his. He charged me nothing for the letter. 

There's a nexus letter template that I used. It covered all the bases that VA needs covered. In reality, you might not even need an IMO. For my OSA claim, I simply asked my doctor if my rhinitis and/or sinusitis could be causing my OSA and he said yes. I just asked him to write in my medical records that my OSA was most likely caused by my rhinitis and/or sinusitis and that was my nexus and my OSA claim was approved. 

Thank you. Good advise.  At my particular stage in this, I think I need to get a copy of a current Nexus letter template.  

[63Charlie]

BTW   Welcome to the VA hamster wheel.

Now that you're on the hamster wheel, you have to figure out what it takes to get off of it.

[BadWolfe]

1 hour ago, 63Charlie said:

BTW   Welcome to the VA hamster wheel.

Now that you're on the hamster wheel, you have to figure out what it takes to get off of it.

Thank you.  I can feel the spinning.  The one positive things is that its good company.