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rpowell01
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Posts posted by rpowell01
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The most common cause of DDD is strain to the muscles. I am going to quote to you all from what is in the literature my IME wrote on my IMO. The VA will say they cannot speculate because its not in the literature. The reason why is because the VA is using RNs and PAs for C&P exams and this is hampering in giving true results. They should have examiners that are specialists or even MDs but they don't. Here is the written literature on DDD:
CERVICAL RADICULOPATHY
Cervical pathology may manifest with associated shoulder pain. The area of referred pain is along a dermatomal pattern consistent with the distribution of the dermatomal nerve roots. Isolation of the pain usually defines the exact location of the associated cervical pathology. It can be differentiated from shoulder pain on the basis of history, physical examination, EMG, cervical radiographs, and myelography or MRI when indicated. Because conditions causing cervical neck pain and conditions causing shoulder pain, such as calcific tendinitis andcervicalradiculopathy, may coexist, it is often difficult to distinguish which lesion is responsible for the symptoms. These conditions often can be differentiated by injection of local anesthetics to block certain components of the pain.- There are no available level one evidence studies (random double blind) studies that show that early spine injuries in a patient life do not lead to advanced for age spine arthritis and this type of study would be needed to refute the available peer reviewed clinically based literature (Turek). It is a well known medical principle that such an injury both precipitates and accelerates the onset of the degenerative process of the spine, Turek, beginning at page 1512 (and elsewhere):
As a result, the facets become sclerosed, and the same changes are observed in the notches. The facet articulations themselves develop degenerative changes, including narrowing of the joint space, loss of articular cartilage, scelrosis, irregularity, and osteophyte formation. These changes take place over a number of years.
Anything that suddenly or continually increases the superincumbent pressure stresses, will eventually cause the posterior fibers of the annulus to give way [producing a ruptured intervertebral disc]...
What is being said here is overtime a muscle strain/whiplash to the cervical spine causes the muscles to tear away from the joints. The joints beome loose and begin to move abnormally. Overtime this causes the disc to rupture or rip away from the vertebrae. Sometimes they bulge and other times they begin to leak out. This is what normally happens to people who have a cervical strain or whiplash. Now, you should be rated at least 20% for your right arm radiculopathy because the DDD is now affecting that nerve and this would be secondary. I don't know when your injury happened but it was 1994 whenever mine happen and I now have DDD with bulging and herniated discs and I am only 43. It was also noted in this IMO that you normally would see this on people who are 60-70 so the injury causes the progression of DDD. Its like having a spring that springs and never stops. They need to rate your accordingly to the regs and it doesn't seem like they have.
But JBasser is correct you need an IMO. Its will cost you big bucks but it will be worth it in the end.
- There are no available level one evidence studies (random double blind) studies that show that early spine injuries in a patient life do not lead to advanced for age spine arthritis and this type of study would be needed to refute the available peer reviewed clinically based literature (Turek). It is a well known medical principle that such an injury both precipitates and accelerates the onset of the degenerative process of the spine, Turek, beginning at page 1512 (and elsewhere):
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I do agree that there are issues but I think they will be worked out soon. I know it shows I have a something with the BVA and thats because of my NOD with De Novo Review I filed. I think this is still part of the BVA process so if you have any NODs this is how I think it shows up.
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The VA is finally moving into the digital technology and like all technologies there will be pros and cons, bugs and fixes to be made. I see where this is leading and I hope they utilize the extra bodies this will be saving in call centers to use those people in the ROs. There is no sense for a person to wait months to years for a claim to be worked on and completed. I feel bad reading people's topics on how they had to wait 2 years for TDIU to be completed but you see others who stuff is "zipping" right through. Pretty bad inconsistency if you ask me.
Whatever is on ebenefits is in their database, so I wouldn't blame ebenefits, blame the employee who placed those dates/numbers in the system.
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I knew it!!!!! As soon as I received my TDIU claim and then receiving a phone call from the VA processing center, I knew they were contractors. You can tell the difference, seriously. But the question that now has to be answered is;
Will they work like a worker compensation doctor or will they give true and fair C&P exams? Keep us informed and if they "do things" differently on the C&P exams. I am curious how much they are VA trained....
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PTSD is an anxiety disorder. Look it up.
My mistake you are correct. With PTSD one can obtain one or more anxiety disorders....I guess since I done have PTSD I was thinking it was different.
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Okay I think I understand now. He wrote "CURRENTLY RATED 70%, 30%, 30%,30%,10% - MILITARY SERVICE" which is = 90.739% Or did he mean 70% overall with 30%, 30%,30%,10%?
He also has a 1151 at 100%...
So if Section 1151 claims are against any veteran hospital, physician, nurse or general health care provider who has committed medical malpractice. If the VA concludes that under Section 1151 that medical negligence occurred, the affected service member receives compensation. If the service member dies during medical treatment, the veteran’s children, spouse, other family members or estate receives the benefits.
Read more: http://www.vabenefitblog.com/file-a-section-1151-claim-for-va-medical-malpractice/#ixzz22mfOGG00
These are two different types of claims and are not related, correct? If so then I don't see how this claim would be "moot". I understand about being 100% based on the scheduler and 100% based on IU, you can't have both. Just read that in the letter I posted...
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IMOs hold more weight than a C&P examiner because you have to look at who is doing the C&P exams and who is doing the IMOs these days. Most C&P exams are being done more by RNs and PA instead of specialists that knows more about the issue. My last two C&P examiners was an RN and a PA but my IME who wrote my IMO is a specialist that knows the spine in detail. Make sure the IME/IMO gives the reasons why you can't work.
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I learned a lot from the letter, glad it helped you...
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Thanks Hamslice....I think this might have been something about my IMO that was written for my denied claims and my TDIU claim and they received it last week. Finger crossed....
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First, I have read the report. It was clear, concise and detailed. Second, I believe this doctor has in fact given a correct diagnosis and relating it to combat. I am no doctor nor do I practice any type of medicine but I will say that while I was reading through the lines of this report that you have been incorrectly diagnosed by the C&P examiner. Anxiety usually has a extra addon that comes with it and its called panic attacks. Panic attacks is a way your body is telling you there is something wrong so it goes into panic mode. From there your mind creates thoughts of fear issue. Usually once a person has an understanding of why his/her body has panicked then Anxiety kicks in. As somebody who has and has had first hand experience in these two things, I didn't see these "signs" in this report. My first conclusion as I was reading what you experienced and what you are experiencing is PTSD. Why didn't the C&P Examiner give this diagnosis is beyond me and I am NOT a doctor but I know a few people who have it. Anxiety and PTSD are very different, trust me on this. They are only related because they are both considered "mental" but Anxiety can either by psychological or physiological meaning the body is creating it and there is something wrong. PTSD on the other hand is more of an emotional abnormality. By reading this report you have all the signs of PTDS related to combat. I thought the doctor did an excellent job in evaluating your issue and gave a really good opinion. I thought it was excellent...
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I was on Ebenefits looking at the Exams Appointment Calender and I noticed a right above the calender "View Appointment Requests" which is a link . I never seen this before or was just blind to see it. So I clicked the link and it shows this:
Date Requested by VA Benefits Office | Date Completed and Returned to VA Benefits Office | Request Status
August 2, 2012 10:48am
What does "Date Requested by VA Benefits Office" mean? If it means I had a C&P exam on this date then they messed up big time because I never received an appointment card for it. I always go online and check appointments because there has been times whenever I don't receive the appointment cards. Or does this mean the VA Benefits Office requested an appointment on August 2, 2012? On the calender itself it doesn't show any schedule appointments outside my normal PCP and Pain Management Appointments...
Signed,
Confused....
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I found this Fast/Training Letter you can download see attached..
It talks about UI in detail. Some might want to read it because it answers questions about working,dates of claims, etc...I didn't see this letter in the Hadit Training Letter section so I figure I would share it for others to read. It will answer questions for others and will hopefully give an understanding...
Rob
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One thing is for certain, you started claims on May 12, 2012 and already had 3 C&P exams is a miracle in itself!!!!! Best of luck...
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Whenever I read this; "PTSD with Depression" and they only rated it at 30% put up an alarm for me. How bad is his PTDS? Does he have dream/nightmares and sweating, does just go off for no reason? Just seems they underrated him IMO..
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I guess the VA has changed the way they are processing claims because today I received a call from the hillbilly VA Processing Call Center in London, KY about my claims. They just wanted to let me know that I would be receiving the standard "What we need"...I told her I had just sent all the evidence the VA will need to the St Pete RO yesterday to process my claim. She was a little stunned I said that, haha. I told her I was ahead of the game.
So I am guess to speed of claims they reorganized the London, KY office to process claims for other ROs;
http://www.vba.va.gov/VBA/vacpc.asp
Felt weird getting a call like that.
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If you dont mind me asking how long have you been rated for your cervical issues? If I am not mistaken after a certain amount a years they are not allowed to lower it. It doesn't matter if you can bend further if you been rated for 10 years, I think thats the number....I could be wrong but I have read this somewhere a few times...
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Here is my story so maybe it will help you. I was given 20% for lower back and I accepted it. I didn't know my rights whenever all of this stuff was happening. I should have declined it because the MEB didn't even mention my cervical and thoracic spine issues. I didn't know better so its my fault. So, before you agree to it you need to make sure they have included everything on the MEB. And remember this any severance pay you get from all of this will be recouped by the VA, there is noway around it. If I were in your shoes I would decline the proposal but you better be on your toes as to why you are declining it. Do your homework and research. You have a legal right to see the guidelines so ask for them and see if they are "low balling" you. I was and I put all the blame on myself. As for the 18 1/2 years verses 20 that is something big to think about.
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What people do not know and this is something I have learned in the past 2 1/2 years is that a person can have a mental condition caused by either psychological or physiological or both. Psychological means there is something going on in the brain that isn't correct. A person could have an issue in the brain where it does produce something. This is mental. The Physiological is caused by something physical in the body and NOT the brain. The brain creates a fight or flight protection for people with anxiety who has disabilities affecting them physically. I have found for myself that none of the psyche meds help and even causes things to get worse. The Psyche Doctor even mentioned that to me and the only thing I take of my anxiety is a low dosage of Valium.
Now, people who do have Anxiety caused by Physiological issues can do things to keep their mind busy because if the mind isn't busy it panics. My dad who was injured in a car accident years ago basically has the same kind of issues we have. His is worse because he is older. But he gets out of the house almost everyday and does things around the house. I see him and I know why he is doing that. He would rather deal with the pain in his back than the anxiety in his mind. College is a resource of therapy for the brain. Doing college work is the same thing what my dad does in keeping the mind busy except I don't have to deal with the harsh pains in my neck and/back or the extremities.
In college you can learn wonderful things about your disabilities if you take the right classes....
I agree with you Berta and I luckily found that link in my research...
If I am granted TDIU or approved for my NOD by DRO on all my denied claims do you think for one minute I am just doing to sit in this house and do nothing? I will be helping my dad and getting outside. Will I still do college? I just don't know as of yet because I am having issues right now remembering short term so the work is getting harder and harder because of this.
To be honest I need a vacation. I need to go to Key West for a week to get away. I haven't been on any vacation since, well I cant even remember but I think it was in May 2003....That is a long time not to take a vacation...There is a huge difference in taking a vacation and staying home or going somewhere away from the house.
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CShock, read this:
http://www.disabledv...misconceptions/
And read all the links in the article.
Do not think for one minute you cannot get TDIU and go to college. I have been in college since May 2011 but my conditions have worsened since then. A VA Psych doctor just put me out of work in late April because of my service connection disabilities and I filed for TDIU. Again read the links in the articles mainly of the person who gets TDIU and works 30 hours per week as a mechanic. Don't let them fool you into thinking you can't go to college and be granted TDIU. College can and is therapy for some of us. If it wasn't for college I would be getting injections from the Psych ward in Bay Pines. College works area of the brain that Psych doctors cant even touch and no medication will help that part of the brain that is having issues. Again read the article and links you may be surprised.
Now, my FMLA ended last week at work and I guess they terminated me after the 3rd day of not showing back up from work. But the Pysch doctor wont release me to go back to work. So the VA is now responsible. Another thing I have going for me is the IMO that was completed and that letter also puts me out of work.
I asked my Voc Rehab counselor if I can still go to college if I get approval for TDIU and she said no but I am going to send her the documents and VA policies that says otherwise.
Actually this case should answer many questions for people:
http://www.va.gov/vetapp10/files3/1027075.txt
Again the person is working and getting TDIU....
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Its obvious why management hides their numbers but if your smart like I was, look through your CFile and see if they mistakenly didn't black out a phone number to the RO. I really felt sorry for them after I called it and they were like "How did you get this number". I told them I know people....
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Let me ask you did you sign up for direct deposit while you were on the phone with the VA?
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On my last claims whenever it hit the "Preparation for Decision" phase, they sent all my stuff from Bay Pines to London, Kentucky for the decision. Crazy I know. It took about 1-2 months to finally get a decision.
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Man IHOP has the best steak and eggs!!!! With that $25 you can treat yourself at least twice, unless you want to take your spouse with you...LOL
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I am going to be retiring from the USN after 24 years of service. I currently live in Oahu, HI, but will retire in Goose Creek, S Carolina (Charleston area). I have applied for a few disabilities with the DAV, been through my C&Ps already and my paperless claim is in Salt Lake City already. Effective retirement date is Nov1.
Man o man do I miss Hawaii. Best time anybody can have....and the food, wowzers...
Increase Granted
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Congrats to you...