Claim Denied

[michael09070]

After 2 years the Chicago RO denied my claim for multiple sclerosis. I had the medical nexus,buddie letters,solid medical evidence and a written time line of events. my claim was in Chicago since June 2011and around feb. 2013 they outsourced my claim to the Des. Moines Iowa RO. And within a couple of weeks my claim started to move but in the wrong direction. Talking to them it was oblivious they just pushed my claim through without weighing all my evidence. I have zero faith in the Chicago RO or any for that matter. Now I was told the appeals will take 3-5 years to even be seen by a human again. Way to go government, taking care of those who afforded you the job you have..

[JT24usn]

I might have missed this, but were you diagnosed within seven years of service? 38 cfr 3.309(a). Or did the doctor provide a statement saying the symptoms occurred within seven years and they we're consistent with the later diagnosis if ms?

[michael09070]

Tbr, my diagnosising neurologist and a multiple sclerosis specialist both provided a nexus letter connecting my ms to within my first 4 years after service (per medical evidence). I served from 87-92 and didn't get a diagnosis until 2011. Ya I don't buy that 50/50 rule, the Des Moines RO va over road a multiple sclerosis dr who specializes in this disease due to wording.

[JT24usn]

I am sorry to hear that. I too had to have a dr link symptoms to claimed sc disability. I eventually win and hope you do too.

[Berta]

“Yes I am on SSDI for ms “

Does VA know that and have they obtained the SSDI records?

That will be critical info for an award of TDIU or 100%, when you get them on the right track.

You said:

“Tbr, my diagnosising neurologist and a multiple sclerosis specialist both provided a nexus letter connecting my ms to within my first 4 years after service (per medical evidence). I served from 87-92 and didn't get a diagnosis until 2011. Ya I don't buy that 50/50 rule, the Des Moines RO va over road a multiple sclerosis dr who specializes in this disease due to wording. “

This happened to a local vet I helped some time ago. He had been to the CAVC twice, with continuous denials for DMII (not an AO vet)

He had one of the best Diabetes doctors in NY. The IMO the doc prepared however was awful.

The doctor felt his stature and the fact that he was well known in the Endocrinology community alone would support the IMO but he didn't follow the IMO criteria and even got mad at me because I did a healthgrade print out on him for the vet to send to the VA, because he didnt attach any CV to the IMO.

We had to explain to the doctor exactly what VA needed.

The key word to this case ,I found in the first paragraph of the BVA decision. The medical word was a symptom of diabetes that no one, to include 2 vet reps, and 2 CAVC lawyers ever even bothered to look up. It involved a lot more work for me than just that one word ,but I knew right away that this vet's claim was a winner.

A new IMO was prepared by this doc and the veteran won his claim after about 8 or 9 years after filing it and getting multile denials.

The claims process is a War of the Words.

The type of nexus statement you need is a referral directly to your SMRs as to any inservice symptoms,

and a medical rationale that the MS was at least at 10% disabling (per the VA SRD here at hadit) within the first 7 years after service.

A strong IMO needs to rule out any other possible etiology for your MS.It sounds like the IMOs did tat ,however the wording must have been lacking somehow,

then again did the VA actually list these IMOs as evidence? And refer to them in the narrative or was the decision rendered before VA got them?

[michael09070]

I sent them a copy of my Ssdi award. Berta my ms specialist looked at me like I was crazy about the wording, he told me that all that wording sounded like a third grader wrote it and he would just word it the way he wanted to. And he said in his medical opinion that he highly suspects delaminating occurred in 1996 but, however there is no way to know for sure. And that screwed me on that IMO, and I never went back to him I just stayed with my dx'ing neurologist even though he does more than ms. Yes they looked at my first IMO and said highly suspicious was not good enough, that's why I say the (50/50 rule is bull). Thanks Berta for taking time to read my post.

[Philip Rogers]

Yep, ROs deny for all sorts of nonsense. Often it's contrary to every law and regulation. Post the wording of the denial and let everyone dog in.

Hooters has free food Monday too.

Hooters serves food???

pr