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.