I'm an active Army Soldier and just received my partially successful VA recon back yesterday. The VA rejected the upgrade on my back from 20% to 40% but spelled out why they didn't accept the upgrade. My peblo and his lead peblo told me I could file a second one time VA recon, however my attorney has told me she doesn't think I can send in a second recon with new evidence. Has any one heard of the Army allowing a second va recon?
Second VA recon
- Thread starter sasquatch98
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A very interesting question...
Unfortunately, I am not capable to respond with any crediable feedback. But, other forum members with specific knowledge and/or pinpointed experiences shall provide feedback soon.
If I may ask, what was the reason for denial by DoVA D-RAS to raise your DoVA rating to potentially 40% as based upon the newer ROM?
Moreover, does the second DoVA reconsideration require the submission of newer "new evidence" for your back issues? Do you need another DoVA C&P Examination for your back?
Thus, I quite comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
I'm on my phone now but when I get to the house I'll post out exactly what the va said.
Here is a little of the backstory on my issue regarding my back. I had my C&P exam on 18 Jun 12 I believe. At the end of July 12 I had revision surgery on my back that removed the hardware from my fusion due to complications. At my C&P exam I ask the doc what my ROM was and he had told me I had 25 deg forward flexion plus the other numbers which I don't remember off the top of my head. When I saw what was actually put in the C&P it said I had forward flexion of 35 deg and the doc said I bent forward 45 deg to pickup my shorts after a prostate exam which was bs. (as a side note my attorney noticed at least 10 other Soldiers who had verbatim the same language on their C&P exams related to there back of 35 deg forward flexion and bent to 45 deg picking up shorts)
At my NARSUM around the 7th of Sep 12 I ask for them to due new ROM measurements as I disagreed with what was listed on the C&P. The new ROM was completed exactly as it was during the C&P with a goinometer three repetitions and the pain level was recorded, my forward flexion was found to be 17 deg. My attorney submitted a memo for my VA recon using the NARSUM ROM as justification for an increase to 40%. Below is the verbatim language I received back on the recon.
"VA propsed rating assigned a 20 percent evaluation for this condition. The evaluation was based upon range of motion finding at VA examination that were within the limits for a 20 percent evaluation. It was noted that with distraction there was greater range of motion but it was still within the range for which a 20 percent evaluation was appropriate. Request for reconsideration provided a single service document showing new ranges of motion. It was contended that based upon the new reading a higher evaluation of 40 % was warranted.
The new document contains little more than the ranges of motion. The methodology is not clear such as how range was measured or whether it was topped where pain first begins or continued beyond that point when possible. There are no comments regarding the presence or absence of signs consistent or inconsistent with the reported results. All in all, the report is less complete and informative than the results reported at the VA examination a few weeks earlier. Therefore greater weight is given to the VA examination results. the proposed 20 percent evaluation is confirmed."
I'll also point out the VA examiner is unable to use a calendar as the time between exams was not a few weeks but three months and included a second back surgery in between.
At my NARSUM around the 7th of Sep 12 I ask for them to due new ROM measurements as I disagreed with what was listed on the C&P. The new ROM was completed exactly as it was during the C&P with a goinometer three repetitions and the pain level was recorded, my forward flexion was found to be 17 deg. My attorney submitted a memo for my VA recon using the NARSUM ROM as justification for an increase to 40%. Below is the verbatim language I received back on the recon.
"VA propsed rating assigned a 20 percent evaluation for this condition. The evaluation was based upon range of motion finding at VA examination that were within the limits for a 20 percent evaluation. It was noted that with distraction there was greater range of motion but it was still within the range for which a 20 percent evaluation was appropriate. Request for reconsideration provided a single service document showing new ranges of motion. It was contended that based upon the new reading a higher evaluation of 40 % was warranted.
The new document contains little more than the ranges of motion. The methodology is not clear such as how range was measured or whether it was topped where pain first begins or continued beyond that point when possible. There are no comments regarding the presence or absence of signs consistent or inconsistent with the reported results. All in all, the report is less complete and informative than the results reported at the VA examination a few weeks earlier. Therefore greater weight is given to the VA examination results. the proposed 20 percent evaluation is confirmed."
I'll also point out the VA examiner is unable to use a calendar as the time between exams was not a few weeks but three months and included a second back surgery in between.
Wow! Simply amazing; simply amazing indeed!
The DoVA really tries to find specific language to intentionally not grant service-connection for potential award of higher evaluation.
This is totally absurd...what do they mean by "the new document contains little more than ranges of motion?" Why are they analyzing every single word within the new ROM documentation?
This is the first I have heard how the DoVA basically voids the new ROM documentation by disecting it apart as based upon their belief of what is good methodology; their rules, their interpretation has greater weight over all else.
Moreover, this practice used by the DoVA concerns me since I have new evidence for my forthcoming one-time DoVA reconsideration. It shall be very interesting to see if the DoVA use the aforementioned business tactic to totally discredit the new ROM documentation. To that extent, we shall wait and see.
With that all said, I would offer to never default from what you believe is potential injustice. Stay the course and remain strong until successful completion of the result(s) you are trying to achieve.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
As far as I know there is no "Second VA reconsideration" while in the military. The only course of action I know of is appealing throughthe VA once you get out of service. From what I understand the appeal process is much longer once you are out. I will be doing this as well since my VA reconsideration didn't go well.