ABCMR Appeal

haydenm2002

Registered Member
#1
Hi Everyone,

I feel extremely frustrated going through this process! How were some service members rated for both ROM and nerve pain. I was medically discharged from the army for my range of motion due to a diving related injury that happened in 2000. I had surgery in 2000 to repair the 1st disc at the L4-L5, then another surgery in 2002 for a L4-L5 and the L5-S1, and the final one was in 2006 for the L4-S1 fusion. The ROM was rated at 20% from the Army as well as the V.A. I've experienced nerve pain down both legs and have a V.A. rating of 10% for the right side.

I also have neurogenic bladder for 20%. I filed both a V.A. appeal and an Army appeal with the ABCMR and to date I only received one response from the V.A. and the ABCMR is mailing me a decision from 2010. I've gone online to see if it was adjudicated recently and my docket number is not on the list. I received an email response of "If you are not satisfied with the Boards decision, you can request reconsideration if you can provide new evidence that the Board did not consider."

I received a packet from the board the other day giving me the denial letter along with all of the information used during the process, none of which included information in regards to the neuogenic bladder or radiculopathy. I find it hard to believe they used the updated V.A. rating that for the radiculopathy since it was awarded during the same time. The Ebenefits site lists is as "Secondary service-connected disabilities are those that developed as a result of, or were worsened by, an existing service-connected disability. An arrow points to each secondary service-connected disability listed below your primary service-connected disability".

I know at the end of the day it is a long shot trying to overturn the PEB however I have seen other cases online where the service member was rated the same as I was for the ROM, but their raduculopathy was combined as a 10% rating on top of the 20%. This still doesn't take into account of the neurogenic bladder which was also caused by the accident.

I have contacted a firm for assistance on this however I am still confused as to this process!
 

haydenm2002

Registered Member
#2
Update-

I just found out that my case was accepted by the NVLSP. I don't know where this will lead but it seems like forward progress.. I would like to note the NVLSP wanted my C-file from the V.A. which took 2 FOIAs (one from me and one from the NVLSP which I don't think was ever received (over 2k of pages on a CD). That process took until this past February so if there are any others looking at this route, be prepared for a lengthy wait from the V.A.

I can say thus far the NVLSP has been excellent in responding.

Here's to keeping my fingers crossed.
 

jeeperrs

Registered Member
#3
Congratulations on getting some legal help. Be prepared for a LONG wait with the ABCMR. It appears that medical issues are taking 2.5-3.0 years. I am at 2 year in 3 weeks. I emailed for an update and they just gave the "your case is still processing" reply. Keep the pressure on the ABCMR and hopefully you will win.
 

bboootthh2

Registered Member
#4
Congratulations on getting some legal help. Be prepared for a LONG wait with the ABCMR. It appears that medical issues are taking 2.5-3.0 years. I am at 2 year in 3 weeks. I emailed for an update and they just gave the "your case is still processing" reply. Keep the pressure on the ABCMR and hopefully you will win.
 
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