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gousto64

Second Class Petty Officers
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Posts posted by gousto64

  1. Dear sir

    We are working on your claim for:

    .

    Left Shoulder Rotator Cuff .Left Biceps Tenodesis .Temporary 100%

    What do we still need from you ?

    We need additional evidence from you.

    We need evidence showing that the following condition existed from military service to the present time:

    Left Shoulder Rotator Cuff and Left Biceps Tenodesis

    Answer “ it did not” I’M claiming it as secondary to my right service connected shoulder.

    In support of your claim for a temporary 100% evaluation, we need medical evidence showing you had surgery and or received medical treatment for a service connected disability which required a convalescence period of least one month, or hospitalization of at least 21 days

    Answer “ I had surgery on my Left Shoulder Rotator Cuff and Left Biceps Tenodesis which I’m claiming

    As secondary to my right service connected shoulder.”

    Please submit medical evidence on your current left shoulder rotator cuff and left bicep tenodesis disability as well as evidence showing a connection between your left shoulder rotator cuff and left bicep tenodesis disabilities and your service connected right acromiocalavicular separation with arthritis and impingement syndrome condition. We will consider service connection for your left shoulder rotator cuff and left bicep tenodesis as secondary to your service connected right acromioclavicular separation with ARTHRITIS AND IMPINGEMENT SYNDROME CONDITION. Note: Temporary or intermittent flare ups of condition are not considered aggravation, unless the underlying condition , as contrasted by symptoms, has gotten worse.

    Answer “ I have Dr. medical opinion and treatment records.

    You were previously denied service connection for degenerative joint disease and pain due to overuse of the left shoulder as secondary to the service connected disability of right acromiclavicial separation with arthritis and impingement syndrome. You were notified of this decision on 12/29/09. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence .Your claim was previously denied because although there is evidence of pain, the evidence does not show that degenerative joint disease and pain due to overuse of left shoulder is related to the service connected condition of right acromiclavicial separation with arthritis and impingement syndrome. There is no x-ray evidence showing degenerative joint disease left shoulder, Therefore, the evidence you submit must be new and relate to this fact.

     

     

     

    What they received.

    They received Medical evidence -Letter from my Dr. connecting my current left shoulder condition with my right service connected shoulder.

     

    My question is are the trying to reopen an old claim or are the trying to make decision on my new claim

    And used this old claim to deny my new claim?

  2. Is their anything that can be added to my letter I am gousto64

    Nexus Letter

     

     

    Dr. smith-Orthopedic Surgeon

    Address

    To Whom it may concern,

    I am a Board Certified

    in Sports Medicine Board Certified in Orthopedic Surgery Licensed in Louisiana, with 17 years experience in my field of medicine . I’ve been treating Patient: smucktelley for (2 years) and I've been asked to provide an Independent Medical Opinion as to the patients condition as well as to providing a nexus to the patients Left shoulder and arm conditions.

    I've reviewed the patients civilian as well as Military medical records and deem it in my medical opinion, that Patients Left Shoulder and Arm problems are due to over use and is secondary to his service connected Right Shoulder injury patient suffered in 1988 following a rollover auto accident. Patient injured right shoulder or a Grade 3 shoulder separation With impingement . Patient has developed problems with his left shoulder and arm due to repetitive use, symptoms have been constant and have worsened over the past years. Patient suffered from the following symptoms at least 3 or more times a week with pain and numbness.

    In conclusion, it is in my medical and professional opinion, that the patients left shoulder and arm problems was caused by or the result of his right service connected shoulder injury (100% Medical certainty) and the conditions and symptoms have worsened and should be considered as secondary to his injury from May 1988.

    Please feel free to contact my office should you have any questions regarding this medical opinion or need any other assistance from my office.

    Regards,

    Dr. smith 9 November 2012

     

  3. FIRST THANKS FOR YOUR TIMELY REPLIES

    I'M RECEVING 30% FOR MY RIGHT SHOULDER AND I,VE BEEN TRYING TO GET THE VA TO DO SOMETHING TO EAS MY PAIN THEY SAID WE WILL SUPPLY YOU WITH MEDS AND EXRAYS MRI,S BUT THATS IT .IF DID,NT HAVE HEALTH INSURANCE TO HIRE A DOCTOR WHO WAS WILLING TO TREAT ME AS IF I WAS,NT A 5150 SECTION 8 AND BELIVE WHEN I SAID THAT THE PAIN IN MY SHOULDER AND ARM WAS REAL, THE OPERATION PROVED THAT THERE WAS MORE DAMAGE THAN THEY WERE WILLING TO ADMIT . KNOWN I HAVE 3 MONTHS AWAY FROM WORK ON SHORT TERM DISABILITY AND LOSS OF INCOME.

    BUT I ALSO WANT TO REPORT THAT MY DOCTOR IS WILLING TO GIVE A IMO WE WEIGHTING ON A COMPLETE SMR,S .TO SEE IF WE CAN FIND A NEXUS

    BETWEEN THE RIGHT SHOULDER DISABILITY AND THE LEFT SHOULDER THAT I CLAIM AS OVERUSE .MY QUESTION IS IF WE ARE SUCESSFUL

    WHOULD THE 4.26 BILATERAL FACTOR APPLY.

  4. I JUST HAD SURGERY ON MY LEFT SHOULDER AND ARM AND IT READS

    OPERATIVE PROCEDURES PERFORMED:

    1. LEFT SHOULDER ARTHRISCOPIC BICEPS TENODESIS.

    2. LEFT SHOULDER ARTHRISCOPIC SUBACROMIAL DECOMPRESSION AND BURSECTOMY.

    3. LEFT SHOULDER ARTHROSCOPIC ROTATOR CUFF AND LABRAL DEBRIDEMENT.

    4. LEFT SHOULDER PLATELET RICH PLASMA ARTHROCENTESIS.

    MY QUESTION IS THIS, IF I FILED A CLAIM WHOULD THIS BE CONSIDERED ONE INJURY OR FOUR.

  5. DECISION

    Service connection for hiatal hernia with gastroesophagal reflux disease (claimed as stomach problems and acid reflux secondary to medication for right shoulder separation with impingment and degenerative joint disease) as secondary to the medication used for the service-connection disability of right shoulder disability is denied

    REASONS FOR DECISION

    We have denied entitlement to service connection for hiatial hernia and gastro esophageal reflux disease as this condition did not occur in service nor is shown to be secondary to the medication used for your service connection right shoulder condition.

    Service treatment record are negative for complaints, findings or treatment for Haitian hernia or gerd while in military service.

    Private treatment records were reviewed and show complaints of dyspepsia and gerd. A relationship between this condition and your right shoulder condition is not shown.

    VA outpatient treatment reports show complaints and treatment for your right shoulder condition, for which you are on diclofenac and methocarbol for pain and muscle symptoms. Complaints of reflux systems are also shown, however, a relationship between these two condition is not of record.

    VA examination of Date was reviewed . The Nurse Practitioner indicated that your claim file and medical records were reviewed. For the examination. You

    Reported taking ranitidine for stoma problems, acid reflux,and heartburn. You

    Reported symptoms of epigastria pain, nausea, vomiting, and indigestion. Physical examination found no signs of significant weight loss or malnutrition. There were no signs of anemia. Upper GI series revealed a fixed Haitian hernia with associated

    GERD . In a medical opinion, the examiner stated is as least likely as not that your current complaints of stomach problems and acid reflux are related to the medication prescribed for your service connected shoulder disability. The rational is that the methocarbamol is used as a skeletal muscle relaxant , with side effects of nausea, vomiting, and dyspepsia. Diclofenac is a NSAID that has antipyretic, analgesic, and anti-inflammatory properties. It’s side effects include

    Dyspepsia, peptic ulcer disease, and bleeding. Ranitidine is a histamine H2 antagonist that is used to treat heartburn, acid indigestion, and sour stomach, which could prevent

    Systems and damage to the gastro esophageal tract caused by stomach acid or infection.

    THE NURSE Practitioner stated that a review of the existing data revealed that you developed gastro esophageal problems following taking the prescriptions of diclofenac

    And methocarbamol. You were eventually placed on ranitidine to control gastrointestinal effects.

    And here’s the bad part known after reading this you will say why did you take another C&P exam answer I didn’t.

    On March another VA examination was performed by a staff physician. The

    Physician noted that your claims file and medical records were reviewed for the examination. Symptoms reported included daily heartburn, regurgitation, and esophageal

    Distress. Physical examination found your overall general health to be fair There were no signs of anemia or significant weight loss/malnutrition. The physician diagnosed you with hiatal hernia with Gerd. The examiner provided an opinion that it was not likely that your current muscle relaxer(mwthocarbamol) and /or pain medication(diclofenac)

    Caused the hialat hernia or GERD . He noted that this is based on the fact that the lexi-

    Comp online (medication information) shows gastrointestinal adverse effects of methocarbol are nausea,vomiting,metallic taste and dyspepsia. It shows adverse

    Gastrointestinal effects of diclofenac are abdominal pain, nausea, and vomiting. The examiner indicated that the statements by the nurse Practitioner are incorrect.

    A request was made for the physician to clarify his statement from March > The

    Physician responded on June and indicated that he thinks there are two different things. The “stomach problems” such as burning pain, nausea, etc. He agreed that it is at least as likely as not that these symptoms are related to the muscle relawer and pain medications. That opinions based on the face that those things are listed as possible adverse effects of both medications. gastro esophageal junction. Frequently

    GERD is found in association with a hiatal hernia. There in nothing in the medical

    Literature that supports a claim of pain medications

    Causing a hiatal hernia. Therefore, it is the Physicians contention that your hiatal hernia

    And sddociated gastro esophageal reflux is not caused by the muscle rexlaxer and/ or pain medications.

    The evidence of record shows two competing opinions from a nurse Practitioner and a staff physician.

    Probative weight must be assigned for each opinion. The Nurse Practitioner gave a 50/50

    Probability that your current complaints of stomach problems and acid reflux are related to the medications used for your right shoulder, based on published side effects listed for those medications . However, the staff physician indicated that you have a hiatal hernia with associated gerd. He indicated that this is a structural problem/ abnormality and there is nothing in the medical literature that shows muscle relaxants or pain medication causing a hiatal hernia. He state that your hiatal hernia and associated Gerd is not caused by medications for the right shoulder. The physician’s opinion is given greater weight based on the educational background of the examiner and the rational provided regarding the etiology of your hiatal hernia and associated reflux.

    The available evidence does not show that a hiatal hernia with GERD was treated for or

    Diagnosed in service. Additionally, no evidence was submitted to show that hiatal hernia

    With GERD is the result of military service or the result of medication used for your

    Service connected right shoulder condition. The benefit of the doubt rule does not apply because the preponderance of evidence is unfavorable. Therefore, entitlement to service connection is denied.

    Service connection may be granted for a disease or injury which result from a service connected disability or was aggravated thereby. The evidence does not show that hiatal

    Hernia with gastro esophageal reflux disease (claimed as stomach problems and acid reflux secondary to medication for right shoulder separation with impingement ) is related to the medications used for the service-connected condition of right shoulder injury nor is there any evidence of this disability during military service.

    I NEED HELP WHAT SHOULD I DO NEXT?

  6. Why did you tell them that?

    well i fell that since they already have the results of my c&p exam for gerd

    and i've been wating for 6 months i did'nt want to stand by another 6 month,until they establish c&p exams for the other issues.

    I want them to decied on my gerd claim this summer.

    They are giving me the oportunity to gather evidence like Doctors names, hospitals , medicaton and statement from my wife and childern for the other issues.

  7. This is a portion of the letter from the Department of veterans affairs.

    Review of your claim file revealed that your previous concerns relating to the claimed issues had not been addressed . This is simply a correction to the previous letters dated feb . If the conditions are reflected correctly you may expedite the claim process by calling the 1-800 number

    We are working on your claim for:

    Newly claimed bilateral shoulder with pain in arms and hands,(previously denied) DJD left shoulder,(previously denied) Depression and pain syndrome

    Issue deferred from rating decision _ stomach problems/ acid reflux

    Now i have no idea what my hadit.com family and I did to make them change their mind ,but they have and I'm very happy.This what i did i called the 1-800 number and i told them to continue rating -stomach problems/acid reflux

    because i've been waiting 6 months and i will gather evidence for the other issues. thanks family

    Fill free to comments on any thing that i'v written.

  8. I am a Congressional staffer and am currently working on a bill that would protect veterans from losing their jobs for needing "too much" time off for the treatment of service-connected disabilities. I am very interested in hearing from anyone who has been in this situation.

    Have you ever lost a job for your dr. appointments, time spent traveling to the VA clinic, etc.? Or been unable to get the treatment you needed (e.g. missed appointments) because you couldn't afford to lose your job? Or do you know anyone who has? It would be good if we could share some of these stories as we're working on this legislation.

    BROTHER OR SISTER YOUR ABOUT OPEN UP A CAN OF WORMS. i WAS ON SICK LEAVE FOR A YEAR AND I WAS FIRED

    FROM A VERY GOOD JOB IT'S BEEN ABOUT 7 YEARS AND I'M STILL BITTER ABOUT IT.

  9. Today i received a letter scheduling me for my c & p exam for bilateral shoulder condition

    i'm currently receiving 30% for my right shoulder condition. Know i'm requesting service connection

    for bilaterial left shoulder condition.

    My question is what should i do if the c&p exam was made for the wrong shoulder?

    should i let them continue with the emax or get up and walk away.

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