2014 Claims (REOPENED)

[Sailorman]

I was discharged from Navy in 1996. I have theater service but the VA did not apply my wartime service towards my presumptive disabilities. This error has caused the VA to deny my many benefits. Most recently, my Specially Adapted Housing Grant and Specially monthly compensation claims that were denied in 2014. 

I recently requested for the VA to reopen based on N&M evidence (being my evaluations proving that I was in desert storm at that time.)  Subsequently, both claims were reopened. Does this mean both were both will be granted and rated?

[Berta]

The decision definitely seem to show that they considered you as a Gulf War veteran. I dont see that as an issue at all.

If the statin drug was prescribed by VA and caused, as they state, the fibromyalgia, you could file for

Service connection under 38 Section 1151 for that….or file as secondary to a VA prescribed med.

They even denied the necrotizing myopathy for the same reason- statin use-

They are correct that hyperlipidemia is not a ratable disability.

What do your doctors attribute the hyperlipidemia too?

“FYI, just so you that know the muscle weakness due to statin induced medication is incorrect diagnosis. After further genetic studies I was diagnosed with an adult unset of MD. I’m also service connected for Knees, ankles and my back (since 1996). “

(Actually I would go with the 1151 aspect for the fibro and necrotizing myopathy if this was from a VA Prescribed statin med but I think you mentioned here in a past post that all of your medical care is from private doctors…??? If so, 1151 wnt help)

If, by MD, you mean muscular dystrophy- is that diagnosis in addition to the necrotizing myopathy and the Fibromyalgia?

Muscular Dystrophy has many types- Becker’s MD is a genetic based disease, and regardless of that you have adult onset of MD which means there is probably nothing in your SMRs to prove you have manifestations of MD in service.

I am thinking that maybe the fibro manifested the same symptoms as the MD and maybe the fibro diagnosis was all wrong.

I hope you realize that VA won’t SC genetic conditions-what is the service nexus for the knees, ankle and back?

And the exact diagnosis for each….

 

 

 

[Sailorman]

Thanks Bertha. I really appreciate you reviewing it for me.

“What do your doctors attribute the hyperlipidemia too?“

I am really not sure. I believe my diet. 

“what is the service nexus for the knees, ankle and back?“

My knees nexus was due to mechanical sprains, Knees nexus were from an injury from shore patrol duty in which I injured them arresting someone, and my back was from a car accident while on active duty. 

 

 

 

[Berta]

I feel the only way VA might consider the NSC disabilities is if you can prove that the SC disabilities aggravated them.

This is a good link as to how that can be done. It would probably involve a very strong IMO/IME, however.

http://www.vesservices.com/VESWP/wp-content/uploads/2015/10/Course_DMA_Aggravation-Opinions.pdf

This M21-1MR link mght help too:

https://www.benefits.va.gov/...1/.../1-15-16_Key Changes_M21-1I_1_SecC.docx

I believe both Matt Hill and Chris Attorney -great attornys for vets might have more info on "aggravation" claims at their web sites.

Others will chime in..... and I need to point out that the GWV presumptives must have been at a level of at least 10% ( by medical evidence) to conform to that part of the Gulf War regs.