Posted on Oct 10, 2019
SPC Joel Lopez
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After 7 years & 2 appeals finally got a favorable (granted) decision on tinnitus issue. The other (lumbar, lower back) claim got a "remanded" label. Didn't know if that was good news or just...ehhhh...ssssorite. I'm going to VSO services to find out. My guess is, deep search to submit more evidence. Since they could "not find" my service health records or "don't exist" I'm sure I will have to find that elusive spine surgeon as I already paid for chiropractic out of pocket at a private clinic. I just can't afford it but hopefully the VA (this time) will assist me in outsourcing & referrals as opposed-to my prior primary. sheeeez & craaaakers!
Am I on the right track? My intense search for this back specialist to evaluate, examine & give me a filled-out nexus statement before this current decision was unbelievably tough to find because most required a current mri & referral which the VA primary did not help me with.
I have a new primary so hopefully this time around I may get better assistance.
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Responses: 4
1SG Civil Affairs Specialist
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The remand means it comes out of the appeals system and back to your original VA Regional Office for further development. I would be speculating, but best guess is the issue is service-connection.
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SPC Joel Lopez
SPC Joel Lopez
>1 y
Yes, you're quite right Top. My only most intense hard labor work performed in my employment history was that Supply & Services unit at Bragg. I remember a couple incidents & the fact of the wear & tear it produced is the reason for my current condition. I just have to be meticulous in proving it. Still searching for Army buddies, requesting current MRI, treatments and researching medical journals. Good day & be well'
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1SG Retired
1SG (Join to see)
>1 y
SPC Joel Lopez As 1SG (Join to see) stated, it is being returned to the Regional Office managing your claim.
In other words, the BVA believed there wasn't enough evidence to agree with the Regional Office's denial, nor did they find sufficient evidence to find the condition service connected.
Current treatment doesn't help the condition be found service connected, with the exception of a doctor reaching a medical opinion (and putting it in writing) that your condition "was more likely than not caused or aggravated by service."
Without a history of treatment during service, or within the 12 months immediately following separation, that isn't likely.
If you had a service connected condition that a doctor found was "more likely than, the condition(s) (those denied) was secondary to (a service connected position)," it will be difficult prevailing.
As you are apparently aware, buddy statements and in service medical records are going to be key.
With regard to finding buddies, if you were in the 82nd, there is a group on Facebook, if you haven't already tried. Some other units on Bragg, likewise, have FB pages.
TogetherWeServed is another option to try to find buddies.
Best wishes.
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SPC Joel Lopez
SPC Joel Lopez
>1 y
Absolutely helpful info. 82nd and units from all over were in participation in constant field operations. Doctor did indicate "more likely than", the condition and the need for another mri but he is a chiropractor. It shouldn't be that tough now to find a spinal surgeon after referral & new mri that's required by these pvt doctors. Have to put-in as much time necessary to locate buddies or former brothers in arms. Gracias very much'
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CW4 Craig Urban
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remanded means that disability claim probably will not fly
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SPC Joel Lopez
SPC Joel Lopez
>1 y
I get-it, buy probably will too. I will do everything in my power to continue building it wings. I've come too far and paid my dues.
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SFC(P) Richard Warren
SFC(P) Richard Warren
>1 y
Sorry Chief, but you're not right on this one.

Remanded means it has been sent back for specific corrected development that is now required or that the Regional Office failed to conduct.
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SFC(P) Richard Warren
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A few questions:

When did you serve, when was the injury, and were you Guard and / or Reserve after or during the injury.

STRs go to a different repository depending on when you served and depending on what branch / component.

Sometimes Reserve and guard units hold on to the records for years (decades) after a Veteran leaves, including Active Duty STRs.

Do a request to the base hospital for all of your service treatment records if VA still can't find them.

Missing STRs is a major problem since we view the absence of evidence as negative evidence against a claim.
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SPC Joel Lopez
SPC Joel Lopez
>1 y
Well, after some years of searching (according to BVA & svo's) no service medical records were ever found. Mysteriously, "do not exists",.....really? I can remember going to a few sick calls during my tenure and seeing med staff out on field operations. This is back in early 80's. They would give pain killers, pills, muscle ointment (ben-gay) & call it a day! I was active duty for nearly 6 yrs. Served in the guard for a year or more but just couldn't keep-up in 1999. As well as other pvt sector jobs that required physical excertion. I worked a few mailroom, hospitality, desk clerk, parking garage valet, tech support jobs before filing claim in 2012. Lower back wear & tear from discs proved to be too much. Just got granted for tinnitus claim. What they want now is a clear explanation of rationale behind the doctor's professional opinion of the "more than likely" result of service connection. I will look to my new primary to point me to someone who will examine, evaluate.....whatever has be done & give me that evidence.
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SFC(P) Richard Warren
SFC(P) Richard Warren
>1 y
SPC Joel Lopez
Therein lies part of the problem.records from before 1991 should have gone to the NPRC. Anything from 1991 and after should have gone to the RMC. However, the Reserve may have held on to them.

A lot of the time when you Veterans saw the medics in the field (before electronic records) there were no records made or kept.

Ask your VSO to check if a PIES O50 was ever sent to NPRC for your Active duty records. If no, they should request that VA send one. Also, they could try to find them in JLV or by sending a PIES RV1 request to you last Reserve unit's command.

Additionally, DPRIS should have your personnel records. Which may contain some STRs.

Lastly, you can gather buddy statements or show that your MOS required heavy lifting and that the injury itself is consist with the hazards and hardships of your service.

Ultimately, though, if BVA demanded the issue for clarification then the Regional Office has a duty to assist you in getting the opinion.

I work for one of the DROCs, just incase your wondering why I'm spouting off like I know things. LOL
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SFC(P) Richard Warren
SFC(P) Richard Warren
>1 y
I can't look at tour claim or anything, but I can guide you to the right direction based on similar issues I've encountered.
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SPC Joel Lopez
SPC Joel Lopez
>1 y
Submitted one very solid buddy statement way before the hearing from my best friend who passed a few yrs ago. Coincidently, he was working for VA out in Long Beach CA. Field operations medical assistance sounds about right. The MOS required daily hard manual labor, not only in field exercises but back in motor pool in addition to early morning PT where we ran w/ boots on. Now (of course, maybe well after 1983) they got w/ the times of doing PT w/ running shoes & other accessories....tee hee!

What 92Y & 57E10 MOS uses now is modern methods like RV's instead of those lumbering, bulky tents & liners, boilers, generators, pumps, water bladders, makeshift wooden pallet floors, matting & all types of materials....etc.

Just got the favorable decision on tinnitus & remanded back issue a week ago but I'm looking fwd to my new appt w/ new primary to pursue a direction on the right medical pro to assist me with this request of clarification. I'm also waiting for appt from outsource for chiropractic and diligently waiting on VA call for assistance as indicated by BVA.
So, I'll be in touch w/ VSO once again about records but I believe they may have looked into that already.
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