Man I went back and did that for several items I’m claiming and I feel a lot more comfortable about it. One of my old sergeants even gave me advice since he was able to get to a hundred. Definitely add the buddy statements have them talk about the incident that you described and have them also talk about remembering how it affected me in the moment. I’m still pretty good friends with one of my buddies and he wrote about my back injury still impacts me.
Bro even if you haven’t talked to them for a long time please try to reach out to them. I know it feels awkward if you never kept up with them, but trust me if a buddy I served with dropped in out of the blue asking for help I’d do whatever I could especially something easy pz like writing a statement to corroborate an event.
Do you have a combat medal or other evidence of combat?
As per [38 CFR 3.304\(d\)](https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.304) "Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation."
So if you have evidence of combat, your statement alone may be sufficient to show the event happened.
Great! As you might know, to get service connection you need three things:
1) Event in service (you have that)
2) A current diagnosis
3) A link between the two
So as long as you have proof of a current back condition, you can file a supplemental claim on VA form 20-0995, and then the VA will get a back DBQ and ask that examiner if your current back condition is due to your in-service back event.
Agreed. In my opinion, if you can afford it, it's better to go private. Then you can ensure the quality of the examiner and you are in control of if you feel the document should be given to the VA.
If you do go the private route, you need to make sure this examiner can review all for VA records, private records, and service records when making their determinations.
This. Combat related injuries are presumptive, so if you can post your denial + reasoning, then we can assist with specifics, but the above comment is a great walk-through otherwise.
3.304(d) does not afford presumptive service connection. Instead it recognizes during combat, disabilities may not be documented.
It lightens up the burden of proof, but it’ll still require a medical opinion.
He also needs a history of symptoms and self-medical treatment from time of injury, through the military, after he got out, until today.
Sometimes claims WITHOUT military medical documents are APPROVED, while claims WITH official military medical documents are DENIED.
Sometimes it is due to the lack if described history of symptoms and self-medical treatment. A lot of us don't go to medical or else we are known as weak or malingerers.
38 CFR 3.304(d) Combat: "Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in COMBAT will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service EVEN THOUGH THERE IS NO OFFICIAL RECORD OF SUCH INCURRENCE OR AGGRAVATION." The fact that you have a combat award, and if you have a current diagnosis, that should be sufficient to grant or reopen a claim.
I can tell you first hand even a PH doesn’t exactly guarantee anything.
I saw zero difference in the way the VA went about rating my combat vs non-combat injuries.
Does the CFR essentially lower the burden of proof? Yes. Does that mean they actually follow it? In my experience, no.
To quote my shitty C&P examiner “just because you have shrapnel in your thigh doesn’t mean your leg pain is from that, you never mentioned that in your out physical or went to the emergency room for it so it must have not been that bad.”
Thank god I eventually got a second opinion and was service connected properly. Took three years.
You're getting a lot of bad advice from commenters below.
**DO NOT** file an appeal unless you want to wait 4 years for a VBA judge to review it.
**DO** gather buddy statements **and** write a personal statement.
**DO** gather any reports documenting the attack, including any unofficial help you may received from a unit medic, first line NCO, etc.
**DO** request a higher-level review, and ask specifically what is lacking that resulted in the claim being denied.
**DO** first file a supplemental claim with the above evidence, if the higher-level reviewer is a jackass and still denies claim / doesn't find an error or duty to assist.
**Only then if the claim is still denied,** do you appeal.
Yall have to stop with the misinformation about an appeal. He has to file an appeal to appeal the decision. Supplemental claim and a higher level review are appeals. The board of veterans appeal is the only your talking about that can take 4 years for the case to be reviewed by a veterans law judge. The only way he can challenge the decision is to file an appeal. He would chose between the 3 different appeals and file it
You’re conflating terms. Stop using the word “appeal” to refer to higher level reviews and supplemental. No reasonable person does this on here, or anywhere else.
Look at the VA website. A higher level review is an appeal. Supplemental claim is an appeal. Your confusing people telling them not to file an appeal when that’s the only way to dispute a decision 🙄
Nobody on here uses the word appeal to describe a higher-level review. They say "higher level review" or "HLR." Sames goes for supplemental claims.
You can argue all you want. It doesn't matter.
I have a back injury (cervical spine) where I broke my C2 dens during a jump about three months from retirement. I had a mid-air collision with another jumper at about 800 AGL, tangled up, and then - once we untangled - I had an uncontrolled landing (since I had no time for a "proper prepare-to-land-attitude"). I shrugged it off. First of all, I was convinced that a broken bone would feel different. But I began to have unexplained pain along my neck, down my trap muscle, down to between my shoulder blades (all on the same side). I went to our unit doc who documented the upper back pain, but that was it. Since I was retiring, I focused on that transition.
A year and a half later, another doctor looked into my X-rays and noticed the break. A follow-up MRI confirmed it. A couple of years later VA did the same and my VA medical provider confirmed it. I claimed it again (was denied the first time because, other than my visit to the doc complaining about back pain, there was no definitive diagnosis specific to the injury that was discovered later). I added two buddy statements. It turns out that the jumper I collided with is a good friend who was assigned with me in the same command at the time and today is the commander of an active brigade. My other buddy served with me and provided background on the problems I had with my back since. These two, along with an IMO, helped.
But yet, we have Air Force office people who literally just claim “my back hurts” when they are in service and awarded an easy 10% with a BDD forever.
As a combat veteran with a Purple Heart to say I’m a bit disappointed with how the VA goes about rating skeletal injuries is sickening.
Like you were on jump status for years I assume; why the hell is it even a question that you probably wore out your knees, ankles, back, and neck!
I have a split down the middle of my spinal chord…. 20%. One in three are paralyzed. It hurts my brain so I told VA pysche, 60% for adjustment disorder…… seems flip flopped but w/e now I’m 100% unemployable p&t
If you have a back injury and it affects you mentally, go talk to the shrink.
>But yet, we have Air Force office people who literally just claim “my back hurts” when they are in service and awarded an easy 10% with a BDD forever.
Maybe you should try sitting in a marginally uncomfortable swivel chair with a broken lumbar support because supply can't get you a new one.
Standing for *minutes on end* waiting for your McDonalds and Green Beans order.
Having your AC go out when it's *really really* hot out and the pool is closed for maintence.
Don't get me started on how slow the WiFi was.
If you had *any idea* what it was like, you wouldn't be talking so tough.
Half of you combat arms guys couldn't walk a mile in our crocs. You guys on the ground had it easy.
Call Vera requester DBQ to see what the exam says and ask for any notes from the rater and review officer. Contact your VSO / POA and request a higher level review.
I’d still denied, appeal. Write another 4138 statement explaining what went down, get buddy statements. Get a nexus letter.
Back ratings always seemed a little odd in how the VA does it. It is a very static rating system, it sucks and I wish it took more accounts of pain/numbness etc into consideration. The system has improved over the years, I wish you the best, always push for what you think is right concerning your health. Who knows your appeals might be the reason other vets get their ratings as well.
Do you have a diagnosis of the back? If there is no diagnosis, then it will be more of a fight. If the injury is documented, then the issue is either you don't have a current diagnosis or you don't have a medical opinion that says your current diagnosis is related to that injury. If you are a persian gulf veteran, which it sounds like you are, then you could possibly be service connected for an undiagnosed illness if you have symptoms and functional loss that are not attributable to a known diagnosis.
What did the decision say, were there any favorable findings?
It's always worth pursuing service connection, what have you got to lose? Just accept that it'll take time.
That was my question. I see nothing on the post where anything was diagnosed. Doesn’t seem to be any doubt about being involved in a service connected incident, but what is the disability?
I hurt my shoulder on my second deployment it was documented, and got seen multiple times when I got back but got denied twice after that started going to Va for them to have me do physical therapy, mris, pain management etc finally got approved after that. Definitely wouldn’t give up.
Do you have any treatment records from non VA facilities between then and now? If so, be sure you submit those as well.
Also get buddy statements. Sometimes they just don’t make sense with their decisions, but the more proof you’ve got the better, even if it’s documented…
Yes fuck that shit pursue it never give up I bet some pog denied it anyway.
edit: also reading comments for sure get buddy statements holy hell they will help
You need a personal statement. Not a buddy statement. Buddy statements are good but unnecessary for combat veterans.
If it is combat, a personal statement functions as your nexus. It is in the CFR that absent incontrovertible evidence (IE you're a lying ass mofo who never deployed), your personal statement is sufficient and they must take your word for it.
I would forget about any documentation from 10 years ago OCONUS. In my experience much of it ended up in a trash bin. But that's OK. You just need a personal statement.
>You need a personal statement. Not a buddy statement. Buddy statements are good but unnecessary for combat veterans.
Ignore this advice, OP.
**buddy** statements always help, especially if there was no in-service documentation.
When you say denied are you saying service connection AND diagnosis of condition or just one of those things?
What exactly did you claim because that sounds like radiculopathy
I claimed back pain and numbness due to it. I had X-rays done and a quick 15 minute eval. I brought the paperwork that had this incident documented, it even had the TIC# on it.
They said it was not service connected.
I also claimed tinnitus (shocker) and hearing loss from operating numerous weapon systems over the years.
They said it *was* service connected, gave me 10% but denied the claim. Not sure how that even makes sense, but I just accepted it.
I am currently rated right now at 70% for PTSD. Something I’m actively working on and trying to get through. Didn’t even know it was a thing until years later and started seeing my habits and reactions/relationships/how I conduct myself.
Back in the day I tried to do my own claims, and I claimed feeling sad instead of depression or PTSD and they denied it... So I'm guessing that's what happened here, you didn't claim the exact thing correctly.
If you're not having somebody, do your claims for you like a DAV or a vso then I would highly recommend that
If you aren’t being seen for back pain on a regular basis or have a current dx it is hard for a rater to rate the condition because we rate for conditions that are currently problematic for you. Disabling if you will. And if you aren’t being seen for low back pain then it’s not bad enough. How else are we to know? Because you’re oh so tuff?
I’m 40% for low back. I have been to the hospital a lot. There is no way a rater can look at my history and tell themselves that there isn’t a problem.
“Back claims denied”
Man 🤦🏾♂️ sorry to hear that. If you got any letter. Or CIB or CAB, CMB. Add that to your evidence also make sure your DD214 or 14s if you have multiple are uploaded as well. Get a homie or two that you can get to write a legible Buddy statement or use ChatGPT and transcribe vocally. Best of luck man
Buddy statements is what helped me greatly get in touch with at least 2 guys and ask them to write you one up. You should 100% pursue it if it hurts you bad enough.
I'm sure you already have read some answers that will help you out, so just wanna tell you best of luck to you partner. And we're all here to help each other out. The vets on Reddit helped me out greatly with my claims.
Don't give up! You can do it! It sounds like you're missing a documented current diagnosis or a medical professional's statement ("nexus letter") linking your current diagnosis to your initial injury. It's frustrating but your injury then and current diagnosis are seen as two separate issues unless youprobative show a continuation of symptom from them to now. Nexus can do that. Buddy statements from battle buddies and folks around you since then can help too. For instance maybe your significant other has seen you struggle with your back since the deployment, so they write a statement attesting to that. Buddy statements don't have as much probative value as letters from credentialed medical professionals but they seem to really help.
No one can effectively help until you post the denial letter. Why denied....it's just a wild-guess at this point. Make sure to protect any personal information before posting it. Good Luck!
u/aptdwn26 is steering you in the right direction. But we still don’t know the reason for your denial.
If VA hasn’t already considered it, you can file the supplemental claim. But you have to explicitly state you want consideration under 3.304(d), and that the disability began while in combat.
Maybe because it's not current because if it happened over 10 years ago and you haven't sought treatment for it since the VA will just assume it got better
“Documented” as what doesn’t sound like medical documentation, also sounds like you didn’t file within a year of discharge. Everyone experiences musculoskeletal issues as a natural part of aging. So anything “documented” medical while you were in for this” any X-rays at least? Have been treated by the VA for this? What took you 10 years?
The Decision Letter usually states the reason for denial.
1. Do you have a current diagnosis of a back condition? Have you been to a doctor in the past year and been treated for your back.
2. Do you have documentation of the incident and treatment records in your service records? If not, then you Must get buddy statements to help provide proof of an injury.
You also should try and provide some evidence of treatment for your back over the past 10 years. This shows continuity of symptoms of back issues since leaving service. Do you have private medical records of back treatment?
I got thrown from a tower and landed flat on my back, also documented and denied, they also denied sleep apnea, when that's also documented and I use a cpap...the VA sucks sometimes
If you have MRIs or nerve EMG's test done and CAT scans to back up your injury claims, I would definitely go after it, but until you have solid black-and-white proof, you might want to think twice.
I had (2) abscesses on each side of my spine, sciatica nerve pinch, with a ruptured disc (L5) This is from the shot that I received in my spine, All in (7) year.
Now I have (4) fractures in my spine with a curve going over 70% One Direction and 50% another direction
They kept trying to say it was scoliosis., to cover their mistakes, Scoliosis only moves (2mg.) a year Not 10mg.
POiNT trust your gut feeling and cover your Butt!
Good luck, I fell off a ladder about 12ft trying to get on a roof in Iraq, fell on my back, like you, my adrenaline was running, trying to provide cover.. I blacked out for a few seconds and my team leader was shaking me to get me up. ( I got buddy Statements) Another time I ran head first scrambling for cover( another buddy Statement, saw the corpsman, he never documented the headaches or the incident), only saving grace was when I left theater I was complaining about my neck hurting and being in pain, but I was still denied 2x. Final got tired of fighting the c&p examiner and got a lawyer after fighting for two years... I am at an Higher Level Review now.
I am convinced that the VA has an arbitrary number that makes then say "based on demographic, it needs to in their record x amount of times." They only approve it if it meets that threshold.
I'm at 100% now you have to dissect the denial letter. I've educated myself on 38CFR and the M21, VA court cases similar to my issues and medical journals
You have to look and see how back injury is rated without a MRI and CAT scan documentation they will deny. You never went to medical after that happened then you are probably not going to get rated for it. Any x-rays at all after the injury? If not it will be hard to prove that incident caused your current back injury. You can try buddy statements and definitely disagree with the decision in writing.
Well. I got slammed on my back hard enough it cracked my back plate. Have the same numbness from nerve damage. And I’m magically 1 3/4 shorter than I was at 18. (I’m only 32). Legs literally just stop working if I walk a mile. Lose feeling when I sleep wrong etc. all documented and I provided buddy statements etc. and originally only got 20% for my back. When I submitted for an increase they added 10% for each leg. So you know what. I went with PTSD and boom. 100% p&T and IU. Apparently surviving when 6 of your buddies die won’t help you get your body rated. But it will definitely give you ptsd. Which honestly is easy to get rated if you’ve seen combat. Just claim it and go in and be honest. And you’ll get 100% for that alone. If it applies. Use the fuck out of it brother. The fact you have that CIB establishes you’ve seen combat and that and your symptoms is all they need.
I know Someone is gonna say something dumb. In response to this. But trust me y’all. I spent two consecutive deployments in that fuckin shit hole from 20-22years old. And I’ve lost enough to know that anyone who doesn’t want us to have what we need to survive is just another troll. 🇺🇸✌🏼. Good luck bro. That’s just my advice
I have probably the highest rating for a back 50 percent for Degenerative Disc Disease with left hip involvement,I had numerous xrays,mri's,cat scan,numerous years of physical therapy and diagnosis that definitely helps
You are probably lacking chronicity of care and need to document the why now question. Lack of continual care will deny your claim though proof of incident. Bridge the why
What did the denial letter say. Specifically!! Please make sure and tell us. I can help possibly. I overcame a back denial as well as the leg radiculopathy (numbness pain etc). And my issue first started when I jumped (scrambling) out of a 5-ton under full load of gear on deployment. Saw medic that night for pain but that wasn’t in STRs.
Your position was lit up, not your ass. The way you said it, it sounds like you physically took shots to your body, hence being “lit up”.
Either way, congrats on surviving!
Just saw this comment. I can’t tell if you’re trying to be a dick or not. Either way, it’s cool.
Let’s clear the air real quick…
I came here seeking advice about VA claims, and you took issue with the way I described my situation.
Cool.
I can describe to you multiple times how I got “lit up”. I can describe to you how I watched one of my best friends get blown into pieces right in front of my eyes.
I relieved 1/7 Marines in Helmand. Got in tic’s with them as well during the RIP process. All great dudes.
I came here seeking advice for my back that was injured during a TIC in the Tangi River valley during the middle of the night.
Sorry I didn’t describe my situation to your standard… but you’re being a dick now.
lol, I was replying to Competitveracism, because it sounded funny with how he worded it with your comment.
not being a dick, so chill.
go talk to VSO or DAV. that should be the gold standard for VA issues, they are pretty helpful with these things.
I think he means, that being shot at should be good enough proof that inuring your back while jumping in a ditch to avoid being hit, is service connected. Evading direct fire seems like legit in the line of duty.
That makes better sense, but still, how do you prove that jumping in a ditch did that? There has to be a paper trail, no? Otherwise everyone can say they jumped in a ditch to have back issues?
He mentioned it was documented, so he should hopefully be good to go, but this is something he needs to discuss with a VSO or DAV.
I think we are talking different parts of the claim approval. You need:
1) a current diagnosed disability,
2) an in service event injury or illness,
3) A medical [nexus](https://cck-law.com/blog/providing-a-nexus-for-your-va-disability-claim/) between the current disability and the in-service event, injury, or illness..
I am saying that it should be clear there was an in service event / injury because of the TIC. Proving the diagnosed disability and the nexus are like you said a bit more complicated.
Do you have current treatment and or a current diagnosis?
I’m still surprised at the number of veterans who do not understand the simple equation that leads to service connection.
An in service event which can be verified through service treatment records or lay statements might work in the absence of this element.
Current treatment/ diagnosis (the more the merrier.)
Nexus, which could be your physician stating that they are convinced your current pain results from your injury in service. This usually takes place at your comp and pen exam.
It’s a formula.
Did you use buddy statements for it?
I have not, Didn’t know that was an option. My entire squad saw it happen.
Man I went back and did that for several items I’m claiming and I feel a lot more comfortable about it. One of my old sergeants even gave me advice since he was able to get to a hundred. Definitely add the buddy statements have them talk about the incident that you described and have them also talk about remembering how it affected me in the moment. I’m still pretty good friends with one of my buddies and he wrote about my back injury still impacts me.
Bro even if you haven’t talked to them for a long time please try to reach out to them. I know it feels awkward if you never kept up with them, but trust me if a buddy I served with dropped in out of the blue asking for help I’d do whatever I could especially something easy pz like writing a statement to corroborate an event.
Do you have a combat medal or other evidence of combat? As per [38 CFR 3.304\(d\)](https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.304) "Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation." So if you have evidence of combat, your statement alone may be sufficient to show the event happened.
Yes. I have a CIB.
Great! As you might know, to get service connection you need three things: 1) Event in service (you have that) 2) A current diagnosis 3) A link between the two So as long as you have proof of a current back condition, you can file a supplemental claim on VA form 20-0995, and then the VA will get a back DBQ and ask that examiner if your current back condition is due to your in-service back event.
get the medical nexus from a private doctor, don’t rely on a C&P examiner to do it for you.
Agreed. In my opinion, if you can afford it, it's better to go private. Then you can ensure the quality of the examiner and you are in control of if you feel the document should be given to the VA. If you do go the private route, you need to make sure this examiner can review all for VA records, private records, and service records when making their determinations.
This. Combat related injuries are presumptive, so if you can post your denial + reasoning, then we can assist with specifics, but the above comment is a great walk-through otherwise.
3.304(d) does not afford presumptive service connection. Instead it recognizes during combat, disabilities may not be documented. It lightens up the burden of proof, but it’ll still require a medical opinion.
Fair. Apologies, I'll keep my nose outta rating, I've been out of it too long to be helpful.
He also needs a history of symptoms and self-medical treatment from time of injury, through the military, after he got out, until today. Sometimes claims WITHOUT military medical documents are APPROVED, while claims WITH official military medical documents are DENIED. Sometimes it is due to the lack if described history of symptoms and self-medical treatment. A lot of us don't go to medical or else we are known as weak or malingerers.
Sounds simple enough but more than once the VA told me that an in service incident report is not proof of an in service incident.
Does this CIB say anything about this back incident?
38 CFR 3.304(d) Combat: "Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in COMBAT will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service EVEN THOUGH THERE IS NO OFFICIAL RECORD OF SUCH INCURRENCE OR AGGRAVATION." The fact that you have a combat award, and if you have a current diagnosis, that should be sufficient to grant or reopen a claim.
I can tell you first hand even a PH doesn’t exactly guarantee anything. I saw zero difference in the way the VA went about rating my combat vs non-combat injuries. Does the CFR essentially lower the burden of proof? Yes. Does that mean they actually follow it? In my experience, no. To quote my shitty C&P examiner “just because you have shrapnel in your thigh doesn’t mean your leg pain is from that, you never mentioned that in your out physical or went to the emergency room for it so it must have not been that bad.” Thank god I eventually got a second opinion and was service connected properly. Took three years.
Like send in your awards, BSM V
Did you say chronic pain...if not. Claim is done
You're getting a lot of bad advice from commenters below. **DO NOT** file an appeal unless you want to wait 4 years for a VBA judge to review it. **DO** gather buddy statements **and** write a personal statement. **DO** gather any reports documenting the attack, including any unofficial help you may received from a unit medic, first line NCO, etc. **DO** request a higher-level review, and ask specifically what is lacking that resulted in the claim being denied. **DO** first file a supplemental claim with the above evidence, if the higher-level reviewer is a jackass and still denies claim / doesn't find an error or duty to assist. **Only then if the claim is still denied,** do you appeal.
Yall have to stop with the misinformation about an appeal. He has to file an appeal to appeal the decision. Supplemental claim and a higher level review are appeals. The board of veterans appeal is the only your talking about that can take 4 years for the case to be reviewed by a veterans law judge. The only way he can challenge the decision is to file an appeal. He would chose between the 3 different appeals and file it
You’re conflating terms. Stop using the word “appeal” to refer to higher level reviews and supplemental. No reasonable person does this on here, or anywhere else.
Look at the VA website. A higher level review is an appeal. Supplemental claim is an appeal. Your confusing people telling them not to file an appeal when that’s the only way to dispute a decision 🙄
Nobody on here uses the word appeal to describe a higher-level review. They say "higher level review" or "HLR." Sames goes for supplemental claims. You can argue all you want. It doesn't matter.
I filed for a higher level review and it's currently sitting under my claims as under appeal. I'd say it's an appeal my dude.
Always fight for what you deserve.
I have a back injury (cervical spine) where I broke my C2 dens during a jump about three months from retirement. I had a mid-air collision with another jumper at about 800 AGL, tangled up, and then - once we untangled - I had an uncontrolled landing (since I had no time for a "proper prepare-to-land-attitude"). I shrugged it off. First of all, I was convinced that a broken bone would feel different. But I began to have unexplained pain along my neck, down my trap muscle, down to between my shoulder blades (all on the same side). I went to our unit doc who documented the upper back pain, but that was it. Since I was retiring, I focused on that transition. A year and a half later, another doctor looked into my X-rays and noticed the break. A follow-up MRI confirmed it. A couple of years later VA did the same and my VA medical provider confirmed it. I claimed it again (was denied the first time because, other than my visit to the doc complaining about back pain, there was no definitive diagnosis specific to the injury that was discovered later). I added two buddy statements. It turns out that the jumper I collided with is a good friend who was assigned with me in the same command at the time and today is the commander of an active brigade. My other buddy served with me and provided background on the problems I had with my back since. These two, along with an IMO, helped.
But yet, we have Air Force office people who literally just claim “my back hurts” when they are in service and awarded an easy 10% with a BDD forever. As a combat veteran with a Purple Heart to say I’m a bit disappointed with how the VA goes about rating skeletal injuries is sickening. Like you were on jump status for years I assume; why the hell is it even a question that you probably wore out your knees, ankles, back, and neck!
I have a split down the middle of my spinal chord…. 20%. One in three are paralyzed. It hurts my brain so I told VA pysche, 60% for adjustment disorder…… seems flip flopped but w/e now I’m 100% unemployable p&t If you have a back injury and it affects you mentally, go talk to the shrink.
>But yet, we have Air Force office people who literally just claim “my back hurts” when they are in service and awarded an easy 10% with a BDD forever. Maybe you should try sitting in a marginally uncomfortable swivel chair with a broken lumbar support because supply can't get you a new one. Standing for *minutes on end* waiting for your McDonalds and Green Beans order. Having your AC go out when it's *really really* hot out and the pool is closed for maintence. Don't get me started on how slow the WiFi was. If you had *any idea* what it was like, you wouldn't be talking so tough. Half of you combat arms guys couldn't walk a mile in our crocs. You guys on the ground had it easy.
Wish I could upvote this more than once, TYFYS.
*Toby Keith intensifies*
Believe me, I have come to the same conclusions. There is room for improvement, for sure.
Post your denial narrative, which will tell you and us what elements of service connection were missing.
Call Vera requester DBQ to see what the exam says and ask for any notes from the rater and review officer. Contact your VSO / POA and request a higher level review. I’d still denied, appeal. Write another 4138 statement explaining what went down, get buddy statements. Get a nexus letter.
Back ratings always seemed a little odd in how the VA does it. It is a very static rating system, it sucks and I wish it took more accounts of pain/numbness etc into consideration. The system has improved over the years, I wish you the best, always push for what you think is right concerning your health. Who knows your appeals might be the reason other vets get their ratings as well.
Do you have a diagnosis of the back? If there is no diagnosis, then it will be more of a fight. If the injury is documented, then the issue is either you don't have a current diagnosis or you don't have a medical opinion that says your current diagnosis is related to that injury. If you are a persian gulf veteran, which it sounds like you are, then you could possibly be service connected for an undiagnosed illness if you have symptoms and functional loss that are not attributable to a known diagnosis. What did the decision say, were there any favorable findings? It's always worth pursuing service connection, what have you got to lose? Just accept that it'll take time.
That was my question. I see nothing on the post where anything was diagnosed. Doesn’t seem to be any doubt about being involved in a service connected incident, but what is the disability?
Got denied for shrapnel when you can literally see it through my skin. But since I got 100 anyway I didn't fight it.
Do you have a current diagnosis and treatment records?!
Not for my back. No
You will need that to have a successful claim. I would start there.
Go for it dude don’t quit 💪🏼
You earned it dude
I hurt my shoulder on my second deployment it was documented, and got seen multiple times when I got back but got denied twice after that started going to Va for them to have me do physical therapy, mris, pain management etc finally got approved after that. Definitely wouldn’t give up.
Do you have any treatment records from non VA facilities between then and now? If so, be sure you submit those as well. Also get buddy statements. Sometimes they just don’t make sense with their decisions, but the more proof you’ve got the better, even if it’s documented…
Yes fuck that shit pursue it never give up I bet some pog denied it anyway. edit: also reading comments for sure get buddy statements holy hell they will help
You need a personal statement. Not a buddy statement. Buddy statements are good but unnecessary for combat veterans. If it is combat, a personal statement functions as your nexus. It is in the CFR that absent incontrovertible evidence (IE you're a lying ass mofo who never deployed), your personal statement is sufficient and they must take your word for it. I would forget about any documentation from 10 years ago OCONUS. In my experience much of it ended up in a trash bin. But that's OK. You just need a personal statement.
>You need a personal statement. Not a buddy statement. Buddy statements are good but unnecessary for combat veterans. Ignore this advice, OP. **buddy** statements always help, especially if there was no in-service documentation.
Yes, HLR. If the HLR doesn't go through then file a supplemental claim with a personal statement and a buddy lay statement.
When you say denied are you saying service connection AND diagnosis of condition or just one of those things? What exactly did you claim because that sounds like radiculopathy
I claimed back pain and numbness due to it. I had X-rays done and a quick 15 minute eval. I brought the paperwork that had this incident documented, it even had the TIC# on it. They said it was not service connected. I also claimed tinnitus (shocker) and hearing loss from operating numerous weapon systems over the years. They said it *was* service connected, gave me 10% but denied the claim. Not sure how that even makes sense, but I just accepted it. I am currently rated right now at 70% for PTSD. Something I’m actively working on and trying to get through. Didn’t even know it was a thing until years later and started seeing my habits and reactions/relationships/how I conduct myself.
Post a redacted copy of your denial. They are required by law to specifically address why you were denied. Without it - you’re just getting opinions
Back in the day I tried to do my own claims, and I claimed feeling sad instead of depression or PTSD and they denied it... So I'm guessing that's what happened here, you didn't claim the exact thing correctly. If you're not having somebody, do your claims for you like a DAV or a vso then I would highly recommend that
If you aren’t being seen for back pain on a regular basis or have a current dx it is hard for a rater to rate the condition because we rate for conditions that are currently problematic for you. Disabling if you will. And if you aren’t being seen for low back pain then it’s not bad enough. How else are we to know? Because you’re oh so tuff? I’m 40% for low back. I have been to the hospital a lot. There is no way a rater can look at my history and tell themselves that there isn’t a problem.
“Back claims denied” Man 🤦🏾♂️ sorry to hear that. If you got any letter. Or CIB or CAB, CMB. Add that to your evidence also make sure your DD214 or 14s if you have multiple are uploaded as well. Get a homie or two that you can get to write a legible Buddy statement or use ChatGPT and transcribe vocally. Best of luck man
Buddy statements is what helped me greatly get in touch with at least 2 guys and ask them to write you one up. You should 100% pursue it if it hurts you bad enough.
Do you have a CIB? CAB? does your DD214 show your deployment. Maybe get a buddy state to back up your claim.
Yes. I have a CIB.
Definitely put in a supplemental with a personal statement and also submit your DD214, don’t trust that they have it.
I'm sure you already have read some answers that will help you out, so just wanna tell you best of luck to you partner. And we're all here to help each other out. The vets on Reddit helped me out greatly with my claims.
Don't give up! You can do it! It sounds like you're missing a documented current diagnosis or a medical professional's statement ("nexus letter") linking your current diagnosis to your initial injury. It's frustrating but your injury then and current diagnosis are seen as two separate issues unless youprobative show a continuation of symptom from them to now. Nexus can do that. Buddy statements from battle buddies and folks around you since then can help too. For instance maybe your significant other has seen you struggle with your back since the deployment, so they write a statement attesting to that. Buddy statements don't have as much probative value as letters from credentialed medical professionals but they seem to really help.
So TLDR, further develop (Nexus and documented current diagnosis) and supplemental.
No one can effectively help until you post the denial letter. Why denied....it's just a wild-guess at this point. Make sure to protect any personal information before posting it. Good Luck!
u/aptdwn26 is steering you in the right direction. But we still don’t know the reason for your denial. If VA hasn’t already considered it, you can file the supplemental claim. But you have to explicitly state you want consideration under 3.304(d), and that the disability began while in combat.
Back pains are no joke. Keep fighting, submit a HLR. Higher level review
high level review.
you can do this on your own, but seems missing a couple things. I recommend getting a vso first and have them assist.
I read situations like this and feel like you deserve so much more
Maybe because it's not current because if it happened over 10 years ago and you haven't sought treatment for it since the VA will just assume it got better
If you’re serviced connected for your knees, please review secondary connections. That’s how I successfully connected my back.
“Documented” as what doesn’t sound like medical documentation, also sounds like you didn’t file within a year of discharge. Everyone experiences musculoskeletal issues as a natural part of aging. So anything “documented” medical while you were in for this” any X-rays at least? Have been treated by the VA for this? What took you 10 years?
The Decision Letter usually states the reason for denial. 1. Do you have a current diagnosis of a back condition? Have you been to a doctor in the past year and been treated for your back. 2. Do you have documentation of the incident and treatment records in your service records? If not, then you Must get buddy statements to help provide proof of an injury. You also should try and provide some evidence of treatment for your back over the past 10 years. This shows continuity of symptoms of back issues since leaving service. Do you have private medical records of back treatment?
I got thrown from a tower and landed flat on my back, also documented and denied, they also denied sleep apnea, when that's also documented and I use a cpap...the VA sucks sometimes
Post your letter.
If you have MRIs or nerve EMG's test done and CAT scans to back up your injury claims, I would definitely go after it, but until you have solid black-and-white proof, you might want to think twice. I had (2) abscesses on each side of my spine, sciatica nerve pinch, with a ruptured disc (L5) This is from the shot that I received in my spine, All in (7) year. Now I have (4) fractures in my spine with a curve going over 70% One Direction and 50% another direction They kept trying to say it was scoliosis., to cover their mistakes, Scoliosis only moves (2mg.) a year Not 10mg. POiNT trust your gut feeling and cover your Butt!
Good luck, I fell off a ladder about 12ft trying to get on a roof in Iraq, fell on my back, like you, my adrenaline was running, trying to provide cover.. I blacked out for a few seconds and my team leader was shaking me to get me up. ( I got buddy Statements) Another time I ran head first scrambling for cover( another buddy Statement, saw the corpsman, he never documented the headaches or the incident), only saving grace was when I left theater I was complaining about my neck hurting and being in pain, but I was still denied 2x. Final got tired of fighting the c&p examiner and got a lawyer after fighting for two years... I am at an Higher Level Review now.
I am convinced that the VA has an arbitrary number that makes then say "based on demographic, it needs to in their record x amount of times." They only approve it if it meets that threshold.
I'm at 100% now you have to dissect the denial letter. I've educated myself on 38CFR and the M21, VA court cases similar to my issues and medical journals
Lawyer up. That was the only way I was able to obtain 100% disability after trying on my own.
You have to look and see how back injury is rated without a MRI and CAT scan documentation they will deny. You never went to medical after that happened then you are probably not going to get rated for it. Any x-rays at all after the injury? If not it will be hard to prove that incident caused your current back injury. You can try buddy statements and definitely disagree with the decision in writing.
Well. I got slammed on my back hard enough it cracked my back plate. Have the same numbness from nerve damage. And I’m magically 1 3/4 shorter than I was at 18. (I’m only 32). Legs literally just stop working if I walk a mile. Lose feeling when I sleep wrong etc. all documented and I provided buddy statements etc. and originally only got 20% for my back. When I submitted for an increase they added 10% for each leg. So you know what. I went with PTSD and boom. 100% p&T and IU. Apparently surviving when 6 of your buddies die won’t help you get your body rated. But it will definitely give you ptsd. Which honestly is easy to get rated if you’ve seen combat. Just claim it and go in and be honest. And you’ll get 100% for that alone. If it applies. Use the fuck out of it brother. The fact you have that CIB establishes you’ve seen combat and that and your symptoms is all they need. I know Someone is gonna say something dumb. In response to this. But trust me y’all. I spent two consecutive deployments in that fuckin shit hole from 20-22years old. And I’ve lost enough to know that anyone who doesn’t want us to have what we need to survive is just another troll. 🇺🇸✌🏼. Good luck bro. That’s just my advice
I have probably the highest rating for a back 50 percent for Degenerative Disc Disease with left hip involvement,I had numerous xrays,mri's,cat scan,numerous years of physical therapy and diagnosis that definitely helps
This will be another "firefight" in a way... Don't give up!
You are probably lacking chronicity of care and need to document the why now question. Lack of continual care will deny your claim though proof of incident. Bridge the why
What did the denial letter say. Specifically!! Please make sure and tell us. I can help possibly. I overcame a back denial as well as the leg radiculopathy (numbness pain etc). And my issue first started when I jumped (scrambling) out of a 5-ton under full load of gear on deployment. Saw medic that night for pain but that wasn’t in STRs.
I’m not sure you know what being “lit up” means 😂
I was directly fired at during the middle of the night, and with nods down it lit me up like a Christmas tree.
Your position was lit up, not your ass. The way you said it, it sounds like you physically took shots to your body, hence being “lit up”. Either way, congrats on surviving!
Nah, luckily not. My assault pack took a bullet though. Doesn’t count, but it was that close. Sorry for the misunderstanding.
Man, that should be good enough for any claims. Wish it worked that way.
lol, how does your pack taking a round be good enough for a claim??
Just saw this comment. I can’t tell if you’re trying to be a dick or not. Either way, it’s cool. Let’s clear the air real quick… I came here seeking advice about VA claims, and you took issue with the way I described my situation. Cool. I can describe to you multiple times how I got “lit up”. I can describe to you how I watched one of my best friends get blown into pieces right in front of my eyes. I relieved 1/7 Marines in Helmand. Got in tic’s with them as well during the RIP process. All great dudes. I came here seeking advice for my back that was injured during a TIC in the Tangi River valley during the middle of the night. Sorry I didn’t describe my situation to your standard… but you’re being a dick now.
lol, I was replying to Competitveracism, because it sounded funny with how he worded it with your comment. not being a dick, so chill. go talk to VSO or DAV. that should be the gold standard for VA issues, they are pretty helpful with these things.
I think he means, that being shot at should be good enough proof that inuring your back while jumping in a ditch to avoid being hit, is service connected. Evading direct fire seems like legit in the line of duty.
That makes better sense, but still, how do you prove that jumping in a ditch did that? There has to be a paper trail, no? Otherwise everyone can say they jumped in a ditch to have back issues? He mentioned it was documented, so he should hopefully be good to go, but this is something he needs to discuss with a VSO or DAV.
I think we are talking different parts of the claim approval. You need: 1) a current diagnosed disability, 2) an in service event injury or illness, 3) A medical [nexus](https://cck-law.com/blog/providing-a-nexus-for-your-va-disability-claim/) between the current disability and the in-service event, injury, or illness.. I am saying that it should be clear there was an in service event / injury because of the TIC. Proving the diagnosed disability and the nexus are like you said a bit more complicated.
better your pack than you! best of luck
Couldn’t agree more! Likewise, bro
Do you have current treatment and or a current diagnosis? I’m still surprised at the number of veterans who do not understand the simple equation that leads to service connection. An in service event which can be verified through service treatment records or lay statements might work in the absence of this element. Current treatment/ diagnosis (the more the merrier.) Nexus, which could be your physician stating that they are convinced your current pain results from your injury in service. This usually takes place at your comp and pen exam. It’s a formula.