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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 back 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.
The words they use: 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.
Well try to go to a VA Rep DAV, not DVA and have them submit a form for all of your medical records
in the meantime, if you haven't already, put in for Pension which you are entitled to, because of time in service during wartime was 180 days ( Feb 21st 2003- Au, 31st 2003)sometimes this amt. $$ is more than the rating percentage, get a copy of the manual or go online and print it out and send it girectly to the Office of Pension and MAintenance (not sure of the exact address) Wissahickon Drive, Phila, Pa. and that should do it, Do you have a Social Security Disability
claim in?
Oh go the VA Hosp and see a Rep or to your local Vet Center, arwe you in the VAMC system?
if not you can go in and register for that too, so you won't have to fork out all of this money
for medical bills, take your DD214 and tell them you want to register and be assigned to a Primary Care doctor, and there you are!! Your local Veterans Admin Hospital
hope this info helps
God Bless
Contact the American Legion and speak to one the the VA claims officers they have, just because you claim was denied and the appeal was denied doesn't mean it over, fight for what is yours.
The shame of it is that when you are given a VA medical exam for claim purposes they are looking for ways not to pay you. In order to level the playing field I would recommend exaggerating the amount of pain you have and the duration. Basically you are a wreck, and the pain is 24/7. I'm not one to lie or ask for something I'm not entitled to but the cards are stacked against you during the exam. The doctors are like lawyers asking you questions that will disprove your claim not prove it. We are used to doctors that are there to help and believe me they are not there to do that.
I'm not sure of the appeals and such but medical conditions aren't constant so I would hope you could re-file if new evidence was found or the condition changes (old copies of physicals, PT cards showing good performance, etc)
As some have mentioned contact the DAV and also maybe contact your congressman. Hell I'd copy in General Shinseki the head of the VA too.
PS: The magic number for disability is 50% or higher. At the 50% mark you are entitled to 100% free health care for life and other perks.
When I was reviewed for my claim for PTSD I was interviewed by a rep from the VA. This guy was about 30 years old and was talking to me about my combat experience. One of the questions I asked him, I asked him if he as ever served in the military, his answer was no, I said, so I can then assume that you know nothing about being in combat, he said, thats correct. I ask him what is it that make him qualified to determine combat related ptsd, he said his education did. I just shook my head, he ask me if the shake of the head ment he wasn't qualified, I told him, how can you relate if all you have is book learning. No, answer.
Anyway, I did get my ptsd claim approved, but it took two years of writing letters and getting those who I served with to write letters. It was like pulling chickens teeth.
Just a tip to the original poster- time is of the essence and is not your friend in appeals.
Since your original post, it was over 30 days til you came back. During that time you should have already gotten the rep from the DAV involved.
Just hate to see you lose this due to you not meeting deadlines. And remember, everyone you speak with will need 'time', too.
Excellent recommendation; it's on the OP to be proactive and organized. This is might be the reason he/she is in the boat their in.
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