Letter of Reconsideration

What hurt my case was even though a MedA wrote in my docs about my accident during a follow-up, the CF98 never made it into my file. So somewhere out there, a guy with a name close to mine has an accident report in his file that will not be found unless he applies for a disability.

hi .
guest27 , the  only thing  that  help  me win  was  I  had   every doctors slip , medical  write up and ship write  up  from  when it  hit me  and  layed me up , plus I  did  have a  good doc  and  that help  me  out to and  very  good  *PO* how  pushed  for me also .
thing that  made the  most difference for me  was  all  the  medical slips from doc at the base  hospital  and  medical slips from ship's  doc .
 in total I  had 75 medical slips , including  one  that  even  cut  a ships  trip  short  by  3 days  do to  me  locking  up so  bad , it was  bad enough that it put me  on  morphine  for 3 days with  3  days  of  doing  nothing and  it  end  with  me  being  put on  **full  medical restrictions (unfit sea  /unfit land , no lifting  more then 10kg , no  prolonged standing and sitting , pt  at  my  on  pace ,  may  require to see doc  at  moments  notice )**
yes  I was  at the  reconsideration  lvl  and  it was second time around  that  won  it  for me with  all  my  info and slips and  my  medical  file that I got  just before I  got  out  of the navy ...(some  of  the info in my medical  doc's was even  blackout  and I  thank  god to  this  day  that I  had  the medical slips  to show what was  blacked  out in my medical  file) .
so  it was  medical  info (hospital slips .. this was the  big  one keeping  my slips  ) and  couple  good people  helping to  push  for  me  that help  me win .

I  hope everything works  out  for you  guest27.
take care  .
rick  (rzm71)

RZM71

How did you win osteoarthritis in L4/L5 in have that. Were you at the reconsideration level.

yep  hang  it there .
I  fought   mine  and won when  the  navy  said  it wasn't there  fault  and  I  have  osteoarthritis   in  (L4/L5)  .
just  hang  in bro ..

"Its just so, well it very hard on one self esteem and dignity that's why I never continue.  I just needed a rest for the fight".  <<< your not alone!


Hang in there  DCHD ...I have dropped my wish to fight no long willing to argue....Maybe with time i will.

Thanks guy's for the info I did injure my back in training as well as in a SDA.  I have to go thur my med files and appeals.

Its just so, well it very hard on one self esteem and dignity that's why I never continue.  I just needed a rest for the fight.  
But this VAC Doctor in Toronto gave me the strength to reach out.

Oh ah a word of advice when you have a terrible night and in pain can get that 2 - 4 hours sleep.

Check your pockets maybe you didn't take your meds. What a fin night I had.

hi guys,

When you fight with VAC, fight with specialist doctor ,not family doctor. Be sure that you had your medical file, medical unit file, all specialist reports for your problem......you will be equal with what VAC  had use for studying your case. If you had an accident be sure that you had your accident report fill in your file.

You have 3/5, so they accept a part . You don't start at 0. Read carefully the judgement ( It will be writen on it  what  papers they have taken to justify their judgement)What is their argument to give you 3/5. Now, think about what they NEVER USE or don't have in their files ( accident with witness,old medical report, new problem with your back that can be usefull to change their judgement) but remember that a specialist report is more heavy in the balance.

I'm sure you know that VAC paid 150.00 for the fist specialist report. You had already pass this step. Now place an appeal on the decision.  Your VAC lawyer will contact you, and probably they will ask for more papers from the specialist , they will pay 400.00 and in the letter  they will ask what they want from the specialist. also find a specialist who will fill the form because not every specialist doing that, and find one who got eyes of the tiger ( ready to fight his point)

For having 5/5 it is not an obligation that it was in a special duty area.

First place an appeal, see what happend and what they want, and after i'm sure that you will have to go see a specialist again. Read clearfully what they have taken to made their judgement and think about what new thing you can added to that. If you are sure that your back problem is due to your military carreer go for it.

For my back i got 15%-5/5. I was in infantery and have a good civilian specialist.

Grosgig (vandoos)

Good luck in your fight

DHCD, I'm going through the battle right now for my back for degenerative disk disease. VAC denied it completely, VRAB approved it 1/5 of 15%, but that was before having to have emergency surgery to remove the disk at L4-L5, but even that was in September. Right now I'm waiting for BPA to get off their asses and schedule my appeal hearing. I was the same way, turned 19 my second day at basic, had had several injuries, including a documented case of getting hit in the back by a steel door on HMCS Toronto. I was diagnosed with lumbar OA in 2005 when I was 34 years old but didn't release until 2006. So my entire adult life prior to my diagnosis was spent in the Navy, but it only contributed 1/5? What a joke.

Hey DCHCD. I was giving the same decision also at first while I was in at 15% 3/5 etc.  I did Apeal it .. I got 5/5 after 3years to the day.. Lol.    Anyway my best advice was from a lawyer while I was in and it was to get a different doctor whom I did not deal with to go over my file and give me a physical and give his determination of how the injury would have resulted by .. Due to military or elsewhere ...it worked and I recieved my 5/5 ... After 3 years of fighting wish I was told this from the start but they take your family doctor as almost biased ..my injury is degenerative disc disease ...I hope this helps...

Chimo

DCHD ,

i believe if you can prove you were injured in a SDA " Special Duty Area
then you should receive 5/5 , if you cannot prove that ,

then they only Award you 3/5 , my beliefs after fighting for 13 years continuously for all my benefits .

For Country
Retired Army Master Sniper
dave fitzpatrick
family of ...........7............still not processed

I was given 5/5 Lumbar disk disease 20% first look.  I was 39 at the time and was not released medically (with many far worse things) till I was 45.  Appeal!

Appeal Appeal Appeal   it in my  opinion 5/5th

I was released 3B due to Mechanical lower back pain and Osteoarthritis Facet Lumber Spine both are bracketed and they only said it was 3/5ths due to military service.

I join out of high school with no injuries and was injured many times during my career in the army and construction field for years and well as old army crap 4 tours and of course mandatory sports.  I was just in to see the Doctor at the Vet hospital in Toronto and said I should appeal this she was puzzled to see that I was diagnosed at young 33 with these injuries. But real had these injury well before late 20 ties.  I don't real know why it wouldn't have been 5/5 ths. Did anyone have this experience or how you may have turn 3/5 - 5/5??????

Any comments would be appreciated and or advise thanks.