Denied For Secondary

[Geo4K]

Denied - Denied

I went in for a C&P on a claim to tie in my migraines and dizzy spells to the DDD of the C3/4/ or 5/6/7 (depending on the MRI or the VA x-ray) as well as radiculopathy of the left shoulder. My private doc wrote a letter expressing his opinion that my headaches and dizzy spells were in fact related to (secondary to) the injury I suffered on AD (it has been SC'ed). His words are "More Likely than not associated with the DDD". He sent me to a pain clinic and the pain clinic continues to treat me and they sent me to PT. I was surprised they lumped the migrains and dizziness together.

The VA denied me SC for both of these. They stated that I had a normal C-Spine X-Ray in November of 2005. Funny, as I retired in September of 05 and didn't have another X-Ray for 5 years after that.

They refuse to SC my dizziness and migraines to the DDD despite what my doc stated in his letter. What is my recourse here? Just thinking about this makes me sick. I thought that they gave greater credence to these IME/IMO?!?

Oh, my C&P exam was interesting. On a Saturday brief and conducted in the near dark - the facility was without power, the doc went off of some printed pages and she only seemed to make brief notes. She said she would put them into the computer that next Monday or Tuesday.

This is probably an awful letter. I am so upset that I can hardly type. I've been sitting on the letter since Thursday and have only now been able to type this. Sorry if I jump around.

I'll now make an appointment for a mental health visit. It is something that I have been putting off. My pain doc saw it - and mentioned it in her letter that I was probably depressed - I was trying to avoid the diagnosis, but am only fooling myself. I can scan the pain docs letter for you all - redacted info - in you'd like it.

Love to hear from you - GK

IME_for_the_VA_DDD_shoulder.pdf

[rakkwarrior]

Attached is a copy of the We Don't Love You letter the VA sent me.

Can any of you suggest to me a "Why" they discounted my doctor's exam and opinion?

I am so totally frustraited right now - I really thought I had my ducks all lined up. They seemed to have really messed up what my intentions here were. The headaches are seperate from the vertigo, yet both secondary to the DDD. I few minutes of research will give all the probibility that they can be related to DDD. Eating Tums and pressing send:

Opps - had to break into three files due to size.round 3 results - redacted old word doc 1 of 3.docround 3 results - redacted old word doc 2 of 3.docround 3 results - redacted old word doc 3 of 3.doc

"The examiner reported that your radiculopathy to the left shoulder is noy caused by or a result of..." However you did have narrowing at the C3-C4 neural foramen. I would request an opinion as to whter or not there is definate impingement, and if so, if this consistent with your current complaints of radiculopathy. Again for the issue regarding the dizziness, the examiner opined it was due to other etiology, and there are reported differential causes for the disorder insomuch as there was a prior report of labrynthitis "resolved".

A rebuttal medical opinion from you doctor, specifically where HE notes his prior reports was not included in the "Evidence" Section will suffice. The request reconsideration of the decision using the FDC method via VA form 21-526EZ. Hopefully they will get the point they don't get a free pass for a sloppy rating. A reminder, the medical opinion has to complete, and professionally/medically refute the VA examiner's findings.