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Q121: I have been turned down by the VA for major back problems. I’ve been diagnosed with degenerate disc disease and stenosis, and arthritis. I currently have 7 steel rods and multiple screws. I’m receiving SSDI. I was a tank mechanic from 1977-1980 for the U.S. Army. My letter from the VA says, "While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed..." they denied my request for benefits. What can I do next to get a successful claim? Please help me!
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A1: Two things: 1) File your letter of appeal of the "Decision" within one calendar year of the Decision...and make sure to have proof of delivery to the regional office of the VA. 2) Start collecting information, including reading and understanding 38 CFR, Compensation (Code of Federal Regulations) as they pertain to your claim... and request a copy of both your medical records during your complete time of service, and all VA records since. If you file an appeal and request consideration by the Board of Veterans' Appeals, your case will be decided on the military service records, VA Records, and the section of law cited. This is exactly what a service representative or attorney would do. You might also ask a deputy at your Congressmember's office for some help. Good luck. (NB) 9/11/18
A2: I would call the White House VA HOT LINE at 1-855-948-2311. They gave me a claims number and responded back to me within 3 weeks. (DK) 9/11/18
A3: I have the same problem for gave it to me for both my knees but the main problem neck, spine and other joints they deny. If claiming SSDI thru state not unusual just keep pursuing it. Told by friend that worked for social security they deny 3 sometimes 4 times but if you persist they finally give in. I have not filed for SSDI but plan on doing so since the VA is working toward taking away percentage of ratings so they can save money. Contact a VSO and your congressman as well and hope they support veterans and not just mouth it. Best of Luck and if you finally get it would love to hear about it. (JRM) 9/11/18
A4: I was in Vietnam on two commands I have been fighting them since 2011 for my Agent Orange I finally took it a lawyer. (HA) 9/11/18
A5: VA evaluates musculoskeletal ailments and disabilities based on Range of motion, not just flair ups and pain. So if you look up 38 CFR Schedule of Rated Disabilties for Musculoskeletal and look up the Spine , you will see that the highest rating you can get with rods and everything, is 40% based on specified range of motion. (I.E. how much you can bend over to touch your toes as well as lateral and leaning back to (look at the stars). That is the best I can suggest is look into what they said range of motion wise where you sit. If its at or greater than 90 degrees moving forward. You can only get 10% rating for pain and flair ups. Gotta ask yourself, what are you saying to make them believe your ailment doesn't affect you daily. (DC) 9/11/18
A6: If I were you, I would go to your local Veteran Service Officer (VSO) with the documents you mentioned so they can assist you with a decision ready claim for a service connected disability. It is better you go thru a VSO then do it yourself. In many cases, when a VSO assists you and submits the claim, decision ready claims are usually adjudicated within 30 days instead of hanging in limbo somewhere in the system. That is my suggestion. Good luck. (RC) 9/11/18
A7: Get attorney who only deals with VA. Been at it for 17 years 2 attorneys lTer 100% on what they turned down several times on my own! Need attorney who only deals with va claims. (RD) 9/12/18
A8: First, if you have not already, after your appeal was denied, prepare and send a Notice of DIsagreement asking for a DRO review. It may take over a year but it is reviewed by the one Decision Review Officer and he or she has more knowledge and the power to overrule. I had a similar situation and got no results until I did that. Your VSO knows how to do it and has the forms. It helps when you send it to have an evaluation by an outside orthopedic surgeon and also letters from friends and family that can attest to your physical limitations, etc. (DL) 9/12/18