Legal Question in Veterans Law in Pennsylvania

Disability Denied

I was deployed the beginning of 2005 and never finished my training because of lumbar pain which they diagnosed as Scoliosis and said I was non-deployable. When I returned home it turned into sciatic pain. An MRI showed four herniated discs of which between L-4 and L-5 required surgery to remove a broken disc from within my spine. I still suffer pain and numbness yet the VA has just denied my claim. I waited two years already to be told I am denied. How can they say it is not service connected? Do I have a right to appeal yes but the problem is will it be yet again denied? I cannot even afford to buy my medication.


Asked on 6/12/07, 8:42 am

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Disability Denied

There are so many claimants at the VA trying to get disability because of the Iraq war. Thne better that you prepare your claim the higher the probability will be that you'll be sucessful. Go to one of the local vet agencies, such as the PVA or DAV to obtain assistance in filing your claim. I would refile rather than attemprt an appeal in this case.

Good luck!

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Answered on 6/12/07, 8:59 am
John Gibson John W. Gibson, Esquire

Re: Disability Denied

Your question seems to indicate that there was some trauma involved. If the discs were herniated from scoliosis before your entry into service, then how did you pass the entrance exam?

But there is not enough information here to advise you whether to appeal or re-file. My advice is to discuss this with a private physician and get the answer to the medical questions first. You indicate that you do not even have sufficient funds to buy your prescriptions so you obviously qualify for Medicaid. You want to see a good, honest, and sympathetic doctor. You should ask around among your family and friends as to who they recommend. You want to specify that you need to see an M.D. or a D.O. and not a Chiropractor. The VA is less likely to accept the findings of a Chiropractor than a D.O. and less likely to accept the findings of a D.O. than an M.D. If a doctor is willing to support your claim you have a much better chance of prevailing whether you appeal or re-file.

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Answered on 6/12/07, 9:54 am


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