Comments for Discovery Through Design - Disability Claims And Appeals http://www.discoverythroughdesign.org Wheelchair Stair Blog Sun, 20 Dec 2009 16:42:57 +0000 http://wordpress.org/?v=2.9.1 hourly 1 Comment on Veterans Disability Lawyer by Victor Mercado http://www.discoverythroughdesign.org/veterans-claims/veterans-disability-lawyer/comment-page-1/#comment-1664 Victor Mercado Sun, 20 Dec 2009 16:42:57 +0000 http://www.discoverythroughdesign.org/?p=114#comment-1664 I need help with the BVA since my VA claim was denied at the RO I need help with the BVA since my VA claim was denied at the RO

]]> Comment on Service Connected Disability by Alexis Legrand http://www.discoverythroughdesign.org/va-disability/service-connected-disability/comment-page-1/#comment-1067 Alexis Legrand Mon, 12 Oct 2009 17:49:54 +0000 http://www.discoverythroughdesign.org/?p=84#comment-1067 On Feb 21, 2003 I was order to active duty in support of Operation Noble Eagle IAW 10 USC (12302). Separation date was August 31, 2003. I had an accident during warehouse operation. I tried to stop a falling heavy box from a forklift. I hit the concrete floor seated , causing me a sharp pain and since that time I always have pain. My MOS was 35E10 Radio and COMSEC repairer. I don’t know if I was supposed to work in a warehouse without any training. I went to Fort Buchannan Sick call and only gave me pills for the pain. LOD was not given by that time. Two day before separation day on August 29,2003, I was given the LOD because a fellow soldier told me to get it before separation, if not I would not have that paper by this time. I don't know if it is true but I was told that I was supposed to be on Medical Hold until condition of back pain was resolved. I filled a compensation claim on VA, they didn't approve it, then filled a claim to the Board of Veterans Appeals and on April 14, 2008 the sevice connection for lumbar discogenic disease, L3-L4 early degenerative disc changes and L4-L5 with lumbar myositis was denied. They say that I complained on December 2001 from chronic back pain ocassionally lasted 4 – 5 days, which is true, that was on a medical screening during a National Guard excercise, but that was a temporary pain,and pain was ocassiona (2-3 times a year) but I could do or perform my duties as a soldier completedly, I was fully fit, that is why they I order for active duty.PULHES rating by that time was 111121. How come a soldier with chronic back pain can be fully fit for active duty? After this accident, I always have pain 24-7 and was kicked out of the Army National Guard on July, 2005. I was represented for the DAV but they did nothing for me, not even made contact after the Board's descition. I didn't appeal because I was waiting for any word from DAV and the 120 days period passed. I want to know if there is any possibility to appeal again. Does it worth it? Thanks for your attention regarding this case. By the way, They say I must prove medical evidence of no previous low back pain condition and that evidence doesn’t not exhist, if you don’t have any condition, you don’t go to a medical for such a condition. So, there is no medical evidence of my “no back pain condition” or any “back pain condition. Any help will be appreciated. Since 1996 I’ve worked by a municipal government and always had medical plans paid by them. I don’t know if getting the medical profile from each medical company I’ve been enrolled coulb be of any help. Those companies can certify I’ve never visited or treated by any doctor for back pains or back conditions. Any comments will be appreciated. Here are the words they use to deny compensation: Sevice Connection for lumbar discogenic disease, L3-L4 early degenerative disc changes and L4-L5 with lumbar myositis was denied. "The evidence shows that you had a pre-existing low back condition prior to service. There is evidence in service medical records that you occasionally suffered low back pain that lasted 4-5 days since 1998, prior to service. In a report of medical history dated December 1, 2001, you indicated you had recurrent back pain prior to active service. There must be objective evidence of worsening of a pre-existing condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service. DA form 2173 dated August 29, 2003, mentions that on June 5, 2003, you were working at Fort Allen while conducting warehouse operations and that you attempted to to stop a falling box from a forklift but that the box was too heavy and you injured your back. VA examination indicates you admitted to suffering from chronic back pain. The examiner's opinion is that the lumbar discogenic disease confirmed by MRI with lumbar myositis was not caused by or the result of in service injury but a condition you had prior to service that did not aggravate by this incident." Any comments will be appreciated. On Feb 21, 2003 I was order to active duty in support of Operation Noble Eagle IAW 10 USC (12302). Separation date was August 31, 2003. I had an accident during warehouse operation. I tried to stop a falling heavy box from a forklift. I hit the concrete floor seated , causing me a sharp pain and since that time I always have pain. My MOS was 35E10 Radio and COMSEC repairer. I don’t know if I was supposed to work in a warehouse without any training. I went to Fort Buchannan Sick call and only gave me pills for the pain. LOD was not given by that time. Two day before separation day on August 29,2003, I was given the LOD because a fellow soldier told me to get it before separation, if not I would not have that paper by this time. I don’t know if it is true but I was told that I was supposed to be on Medical Hold until condition of back pain was resolved. I filled a compensation claim on VA, they didn’t approve it, then filled a claim to the Board of Veterans Appeals and on April 14, 2008 the sevice connection for lumbar discogenic disease, L3-L4 early degenerative disc changes and L4-L5 with lumbar myositis was denied. They say that I complained on December 2001 from chronic back pain ocassionally lasted 4 – 5 days, which is true, that was on a medical screening during a National Guard excercise, but that was a temporary pain,and pain was ocassiona (2-3 times a year) but I could do or perform my duties as a soldier completedly, I was fully fit, that is why they I order for active duty.PULHES rating by that time was 111121. How come a soldier with chronic back pain can be fully fit for active duty? After this accident, I always have pain 24-7 and was kicked out of the Army National Guard on July, 2005. I was represented for the DAV but they did nothing for me, not even made contact after the Board’s descition. I didn’t appeal because I was waiting for any word from DAV and the 120 days period passed. I want to know if there is any possibility to appeal again. Does it worth it? Thanks for your attention regarding this case.
By the way, They say I must prove medical evidence of no previous low back pain condition and that evidence doesn’t not exhist, if you don’t have any condition, you don’t go to a medical for such a condition. So, there is no medical evidence of my “no back pain condition” or any “back pain condition. Any help will be appreciated. Since 1996 I’ve worked by a municipal government and always had medical plans paid by them. I don’t know if getting the medical profile from each medical company I’ve been enrolled coulb be of any help. Those companies can certify I’ve never visited or treated by any doctor for back pains or back conditions.
Any comments will be appreciated.
Here are the words they use to deny compensation:
Sevice Connection for lumbar discogenic disease, L3-L4 early degenerative disc changes and L4-L5 with lumbar myositis was denied.
“The evidence shows that you had a pre-existing low back condition prior to service. There is evidence in service medical records that you occasionally suffered low back pain that lasted 4-5 days since 1998, prior to service. In a report of medical history dated December 1, 2001, you indicated you had recurrent back pain prior to active service. There must be objective evidence of worsening of a pre-existing condition in order to establish service connection by aggravation. There is no evidence that the condition permanently worsened as a result of service. DA form 2173 dated August 29, 2003, mentions that on June 5, 2003, you were working at Fort Allen while conducting warehouse operations and that you attempted to to stop a falling box from a forklift but that the box was too heavy and you injured your back. VA examination indicates you admitted to suffering from chronic back pain. The examiner’s opinion is that the lumbar discogenic disease confirmed by MRI with lumbar myositis was not caused by or the result of in service injury but a condition you had prior to service that did not aggravate by this incident.”

Any comments will be appreciated.

]]> Comment on Veterans Disability Lawyer by Kace K. Jonez http://www.discoverythroughdesign.org/veterans-claims/veterans-disability-lawyer/comment-page-1/#comment-1057 Kace K. Jonez Mon, 05 Oct 2009 01:23:58 +0000 http://www.discoverythroughdesign.org/?p=114#comment-1057 need lawyer. filed solid claim in 2002. have 2 denials. va has not provided SOC because they have no legitimate cause for denial. need a lawyer. need lawyer. filed solid claim in 2002. have
2 denials. va has not provided SOC because they have no legitimate cause for denial.
need a lawyer.

]]> Comment on Veterans Disability Attorney by Edward J. Sawyer http://www.discoverythroughdesign.org/veterans-claims/veterans-disability-attorney/comment-page-1/#comment-1018 Edward J. Sawyer Tue, 29 Sep 2009 21:12:32 +0000 http://www.discoverythroughdesign.org/?p=111#comment-1018 I have been looking for a lawyer on a multiple disability claim at the Veterans Affairs in White River Junction, Vermont. I have had a hard time finding anyone that will handle the case. My claim is a clear cut claim where the evaluation doctor gives a 100% rating but the adjudication changes what their own doctors rate the claim. I have gone so far as to file a discrimination charge against the VA for lies and unethical practices. I have been looking for a lawyer on a multiple disability claim at the Veterans Affairs in White River Junction, Vermont. I have had a hard time finding anyone that will handle the case.
My claim is a clear cut claim where the evaluation doctor gives a 100% rating but the adjudication changes what their own doctors rate the claim.
I have gone so far as to file a discrimination charge against the VA for lies and unethical practices.

]]> Comment on Veterans Attorney and Service Connected Disabilities by Kim Wallace http://www.discoverythroughdesign.org/veterans-claims/veterans-attorney-service-connected-disabilities/comment-page-1/#comment-246 Kim Wallace Wed, 20 May 2009 21:14:00 +0000 http://www.discoverythroughdesign.org/?p=102#comment-246 I was turned down in 1971 because I failed to show up for my eval (I was in the hospital) I tried again in 1984 and was told I had been denies by ratings becuase my injury had not been caused by or exacerbated by my time in service. I gave up. Now the year is far over and I want to try to open the case, the knee I wanted disablity for has been replaced with associated complications. When I was in viet nam I hurt that knee playing basket ball, I ended up in 95th evac in traction for 10 days, then a cast for 3 weeks with a diagnosis of torn medial collateral ligament. Something fishy going on. I was turned down in 1971 because I failed to show up for my eval (I was in the hospital) I tried again in 1984 and was told I had been denies by ratings becuase my injury had not been caused by or exacerbated by my time in service. I gave up. Now the year is far over and I want to try to open the case, the knee I wanted disablity for has been replaced with associated complications. When I was in viet nam I hurt that knee playing basket ball, I ended up in 95th evac in traction for 10 days, then a cast for 3 weeks with a diagnosis of torn medial collateral ligament. Something fishy going on.

]]>