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Burt

Third Class Petty Officers
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Everything posted by Burt

  1. Thank you all for the help and encouragement this has been a rough road as im sure many of you too have traveled as well! His left knee is rated twice one is for 20% and one is for 10% the 20 is for surgery that was botched by the army and the 10 is for limited motion. his good leg (lol) has a 10% rating for hip, his back is rated 20% for the actual damage and another 10% for the nerve damage to his sciatica which is caused by the bones rubbing the nerve root. hearing is 10% that all in VA math comes to 60% add in the ptsd at 70% and its his final rating of 90%. He fought to stay in and fought hard... he won at a medical review board even though he had a permanent profile. when Clinton was elected he was barred for re enlisting BECAUSE of the injuries and the profile and was forced out quietly that was in 1994. He moved back home and lived with his mother he never really was able to find decent work all these years. he tells how he would fill out an application and get an interview but when he went limping in he could see on the interviewers face his application was already in the trash. he even tried loading up on pain meds putting on really baggy clothes that hid the braces and would go for an interview and a few times actually got a job but within the first month or so he would be let go because he couldn't keep up... he never applied for social security because (his words not mine) he doesn't take hand outs. i had to fight tooth and nail to get him to go to the VA when his 20 year old brace broke and he couldn't fix it anymore... and a new one was 3 grand. After he went and got in the system his new orthopedics doctor there was a no nonsense retired Col. he sent him to the American legion outpost at the hospital... i begged for years for him to go to the VA and get help... nope but a retired officer tells him you go to room 187 and give them these papers you should have been compensated for this from day one... he goes and its fine (go figure). so no his only real income in the last 20 plus years has been what the VA has given him and that has only been the last year or so.
  2. Thank you :) that was much easier to understand! we are closing in on the IU claim i will check back in when that's complete!
  3. this is my husbands account my name is Julia nice to meet you all :) He was wounded during desert storm 91 he is currently at 90% 70 for ptsd, 10 hearing, 30 (L)knee, 10 (R) hip, 20 back and 10 for nerve damage in his back. He is waiting on an IU claim now. He cannot dress himself, between the hip on the right and the knee on the left he cant get his legs up to his hands... with his back issues he cant bend there to reach his legs either. every morning i have to get his leg brace and back brace on for him then i put on his pants and socks and he puts on his own shirt. his memory is awful so i make sure he gets all his daily pills and eye drops (glaucoma) his bathroom visits are also a challenge he can go number 1 by himself no problem number 2 he used to get on the toilet himself basically by turning backwards and falling against the wall and the toilet tank and then sliding down and when he was done he would call and i would help him get up and redressed. A few months ago he did this and the toilet tank cracked from being leaned on too much and we had to buy a new toilet so now i do both (i didn't have a problem doing it HE doesn't like having to be helped!) at night i get him in the tub and remove his leg brace and back brace then fill the tub up i help him wash his lower half and he washes the top half... we drain the water and dry him off still in the tub and i put the leg brace back on and help him to bed then once again remove the brace (i know that sounds redundant but he literally cannot walk even with help without it and as he puts it the thing cost more than his first car and should be taken care of) then i get him his sleeping meds and his anti nightmare meds and we watch tv until he falls asleep or the baby calls me away. are these the sorts of things that are considered SMC criteria? i know because he was wounded pre 911 i cannot get any help through the care taker program but when i ran across this i thought maybe this would be worth a look! I started to read all the stuff and to be honest its quite confusing!
  4. so yesterday it bounced back up to prep for decision and now its back at gathering of evidence! its like watching a tennis match on there!
  5. mine was in gathering of evidence for about 3 months while it was waiting on "VA medical facility" (the comp and pen) the day the comp and pen notes hit myhelathyvet i checked and it had moved to prep for decision... then it moved back to gathering of evidence and now it moved back again to under review and sprouted the new (to me) increase for ptsd lol
  6. ok so i had my comp and pen for ptsd a few months ago and was granted 70% for that. I already was at 60% from body damage knee hip back etc. so that brought my total to 90%. I got a call from the young lady that helped me with the paperwork (i thinnk you call them vso's at anyrate she is the one from the state i get care in NY) and she said she had forgotten to include a claim for IU and wanted me to come in and fill out another form. i did that and resubmitted it as a new claim. i had just had the c and p for the mental health like 2 months before that. i was called a few weeks ago to come to another comp and pen for ptsd and i attended... it went well and pretty much from looking at her notes and the notes from the original one they seemed to be pretty much the same thing. so today i noticed a change in my claim status in EB it went from gathering of evidence to under review which i am quite familiar with being i have been here before i know it is moving forward. but what i DONT understand is now in addition to it saying IU(new) under the disabilities claimed it ALSO says PTSD(increase) **I** did not claim for an increase for PTSD what do you guys suppose is happening here?
  7. yes i understand that :) like i said a year ago i filed it was rejected i called a disability attourney faxed them everything they called me back and said it was a lost cause.
  8. i contacted a lawyer about the ssdi thing and they told me it was a lost cause... i had started a claim back in december on ebenefits and then decided to shelve it and go to a service officer and get it done. i still have that application i could change it up and submit it just for iu it would be dated december. i think ill wait and see what the packet says for sure.
  9. i wish i could get the entire thing posted at once but i wont stay highlighted to copy lol this is also in there... AR-15 due to DWI and suffered a loss of one grade in rank and 30 daysrestriction to base, extra duty and forfeiture of pay as well aspayingthe civilian fines and jail time.Since his release from active duty the veteran attended college butdidnot complete a degree study. He is currently unemployed. His mosttypical job title since the service has been that of laborer andofficemanager. The last he worked was in 1997 and the longest he has held ajob is six months; the veteran has difficulty with irritability andconcentrating and is usually terminated from his jobs and still has difficulties with these symptoms
  10. ummmm does this help? a. Does the Veteran have more than one mental disorder diagnosed?[X] Yes [ ] Nob. Is it possible to differentiate what symptom(s) is/are attributable toeach diagnosis?[X] Yes [ ] No [ ] Not applicable (N/A)If yes, list which symptoms are attributable to each diagnosis anddiscuss whether there is any clinical association between thesediagnoses:PTSD - Recurrent, intrusive, distressing recollections of trauma,recurrent distressing dreams, intense reactivity upon exposure tocues associated with the trauma, efforts to avoid thinking aboutthe trauma, avoiding experiences that would arouse recollections ofthe trauma, hypervigilance, and an exaggerated startle response.Depression - low mood, guilt, hopelessness, low self-esteem,diminished sense of pleasurePTSD and Depression overlap (determining proportions would requireresorting to speculation) - markedly diminished interest insignificant activities, feeling detached or estranged from others,restricted range of affect, difficulty sleeping, irritability, anddifficulty concentrating.Alcohol - temptation and use of alcohol beyond two servings in asitting.c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?[ ] Yes [X] No [ ] Not shown in records reviewed4. Occupational and social impairment-------------------------------------a. Which of the following best summarizes the Veteran's level ofoccupationaland social impairment with regards to all mental diagnoses? (Check onlyone)[X] Occupational and social impairment with deficiencies in most areas,such as work, school, family relations, judgment, thinking and/ormoodb. For the indicated level of occupational and social impairment, is itpossible to differentiate what portion of the occupational and socialimpairment indicated above is caused by each mental disorder?[X] Yes [ ] No [ ] No other mental disorder has been diagnosedIf yes, list which portion of the indicated level of occupational andsocial impairment is attributable to each diagnosis:PTSD - serious impairment in social and occupational functioningDepression - moderate difficulty in social and occupationalfunctioningAlcohol - abstained
  11. i have not worked since 1997... because of these issues. i worked a few jobs for short periods of time but couldnt hold it together and got fired from most of them. i cant get ssdi because i didnt file way back then and its been to long i tried that last winter, at the time i views filing for shit like that (or the VA for that matter) as taking handouts and i did what i could to get by without them.
  12. UPDATE** i just checked ebenfits and was awarded 70 percent for the ptsd/depression and alchohol abuse remission. so i am at 90% now but it does not say anything about individual unemployability though... how do i apply for that?
  13. i didnt know how it all worked he listed my ptsd as severe and my depression as moderate and said the depression was secondary to the ptsd. this is exactly what my shrink and social worker say too... according to the stuff i read on the net his entry "Occupational and social impairment with deficiencies in most areas,such as work, school, family relations, judgment, thinking and/or mood is listed as 70% do they then ad the depression too? even if not 70% plus my current 60% put me to 90 and when the state service rep did my paperwork she applied for unemployable too so its hard to say how that will all work out but ill let yall know!
  14. i am currently at 60 percent for all of my physical issues... knee, hip, back, hearing and nerve damage. i just had my first comp and pen for ptsd and the results are in myhealthyvet i wont post the whole thing i cant seem to get it to copy and paste :( here is the portion where he lists the severity of the issues: Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteriabased on today's evaluation?[X] Yes [ ] NoICD code: F43.102. Current Diagnoses--------------------a. Mental Disorder Diagnosis #1: PTSDICD code: F43.10mental Disorder Diagnosis #2: Unspecified Depressive DisorderICD code: F32.9Mental Disorder Diagnosis #3: Alcohol Use Disorder in sustained remissionICD code: F10.10b. Medical diagnoses relevant to the understanding or management of theMental Health Disorder (to include TBI): SC knee condition3. Differentiation of symptoms------------------------------a. Does the Veteran have more than one mental disorder diagnosed?[X] Yes [ ] Nob. Is it possible to differentiate what symptom(s) is/are attributable toeach diagnosis?[X] Yes [ ] No [ ] Not applicable (N/A)If yes, list which symptoms are attributable to each diagnosis anddiscuss whether there is any clinical association between thesediagnoses:PTSD - Recurrent, intrusive, distressing recollections of trauma,recurrent distressing dreams, intense reactivity upon exposure tocues associated with the trauma, efforts to avoid thinking aboutthe trauma, avoiding experiences that would arouse recollectionsofthe trauma, hypervigilance, and an exaggerated startle response.Depression - low mood, guilt, hopelessness, low self-esteem,diminished sense of pleasurePTSD and Depression overlap (determining proportions would requireresorting to speculation) - markedly diminished interest insignificant activities, feeling detached or estranged from others,restricted range of affect, difficulty sleeping, irritability, anddifficulty concentrating.Alcohol - temptation and use of alcohol beyond two servings in asitting.c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?[ ] Yes [X] No [ ] Not shown in records reviewed4. Occupational and social impairment-------------------------------------a. Which of the following best summarizes the Veteran's level ofoccupationaland social impairment with regards to all mental diagnoses? (Check onlyone)[X] Occupational and social impairment with deficiencies in most areas,such as work, school, family relations, judgment, thinking and/ormoodb. For the indicated level of occupational and social impairment, is itpossible to differentiate what portion of the occupational and socialimpairment indicated above is caused by each mental disorder?[X] Yes [ ] No [ ] No other mental disorder has been diagnosedIf yes, list which portion of the indicated level of occupational andsocial impairment is attributable to each diagnosis:PTSD - serious impairment in social and occupational functioningDepression - moderate difficulty in social and occupationalfunctioningAlcohol - absent And here is the section i ****THINK**** is the nexus i needed it is in the remarks section 9. Remarks, (including any testing results) if any--------------------------------------------------Based upon the training and experience of this examiner, the availableliterature on this topic, and the examination of this veteran today, itisthe opinion of this examiner, per DSM-5 diagnostic guidelines, that thisveteran does suffer from a PTSD and that is at least as likely as notcaused by the veteran's service as it is consistent with thecircumstances, conditions, and hardships of that service and theveteran'sclaimed stressor involves a significant emotional response (such as fear,helplessness, or horror) to exposure to hostile military or terroristactivity. His Unspecified Depressive Disorder more likely that notshares its etiology with his PTSD and is at this time, more likely than not,aggravated by the impact of the PTSD on the veteran's lifestyle.HisAlcohol Use Disorder has more likely than not been secondary to his PTSDat times as a form of self-medication.NOTE: VA may request additional medical information, including additional
  15. I also take ibu 600 mg 2x a day. this stuff made my BP and pulse drop to nothing, irregular heart beat thought i was going to die! my VA shrink says it was just a panic attack but i dont think it was a panic attack!
  16. you guys are so helpful and i appreciate it! i have a nod ready to send just like you guys suggested, here is my new barrage of questions i will make them bold to make it easier... i see that i can do all this stuff pretty easily myself right through my ebenefits account. Broncovet you said: (Always specify DRO or no DRO or it just delays it. Even when you specify, expect it to take 3 to 4 years.) i dont understand what you mean so im not sure which way to go on this one and just to be sure this initiates an "appeal" correct? in my claims window on ebenefits i have a lot of options adding new claims, requesting higher percentages and adding secondary conditions this is what i am planning on doing will someone look this over and tell me if it seems like the proper way to do it? i am going to add depression as a secondary for my knee because it either caused or aggrivates most of my other conditions and i really am depressed because of it. I am going to ask for an increase on the back problems that is rated at 10% i am going to add a new claim under foot pain for the foot that was fractured on duty that is now arthritic and swells and hurts I am going to add sinus problems for the sinus issues i have had since the hydraulic fluid incident on duty I am going to add a secondary claim for sleep apnea (i think... i do have apnea but there is also an issue with the pain waking me up when i move in my sleep so im not sure if that is the way to go or if i should file it under sleep problems) Special care and attendance - i didnt know what that was until i was filling out the claim and it popped up on my screen... i printed the paperwork for it but i wanted to get your opinnions on whether or not that is something i should do. I am going to file for special care and attendance because i cannot function on a daily basis without julias help. i cant put on my brace because my back hurts to much to bend over the same with my socks and shoes. i cant put my pants on like a real person because the knee wont bend enough and the hip hurts and because i cant bend over far enough to dress my lower half. i cannot get in and out of the bath tub alone and although i can sit on the toilet by myself i often need help getting back up. ill be honest with you guys just like i was with my comp and pen examiner i CAN put my pants on alone if i use my cat collar and coat hangers... i wear a cat collar on my left ankle and i have 2 wire coat hangers that i have bent up so that i can hook them under the collar and move my leg around and eventually get my pants on without help. does this fit the bill for special care and attendance in your opinnions? I also downloaded the form to claim unemployable, BVA forms, the special aid and attendance form and also a form for handicap plates. These forms should i take them to my VA doctor or do i need to get them filled out by a non va doctor? the form for special aid and attendance the BVA forms the form for unemployable
  17. no i agree... as happy as i am that i got the 50% i did get short changed... im just not sure how to go about it... i didnt even know what nod meant lol. i could call the guys at the American legion again that helped me with the last round of paperwork but i hate to bother them because they are so busy all the time. i have my first appointment with my new doctor at the VA in NY state in 2 days i am hoping he will set me up with mri's so that i can find out what is really going on with my back and hip and use that in the NOD. Im just not real up on the jargon you guys throw around here!!! nod, HL, RO, DRO so i have to research all that stuff to even know what your talking about and it takes me time so please dont think im not listening or that i am not in agreement. i have trouble sitting at the computer for more than a few minutes so i type for a bit then i have to come back and type some more! this is where i am at right now. i filed for left knee and was granted 20 pecent for it and then i was granted another 10 percent for it too (not sure why its split up like that) i filed for hearing and was given service connected for 1 ear at 0%, refused service connection for 1 ear i filed for tinnitus and was granted 10% i filed for hip issues that they service connected by way of (i think you call it nexus here) problems caused by service connected knee and back issues due to changing my stance and limping and was giving 10% for that i filed for back problems that they service connected and gave me 10% for that. I DID NOT FILE for sciatica but the comp and pen examiner added that into the back issues and i was given service connected 0% for that when i filed the American legion girl told me to get it on a fast track i needed to keep it simple and no more than 4 things or it could take a lot longer to get it through the system and i really needed something fast... sooooo i did not file for but would still like to the following: left foot problems that occured from the same fall that destroyed my knee... the fall fractured my foot as well and it swells, aches and hurts a lot to this day. this is in my military med records and will show on an xray. (i have not been able to get anyone at the VA to even look at it yet.) I had a peice of hydraulic equipment explode in my face literally and it hydraulic forced fluid into my sinuses through my eyes and nose and (i feel) as a result of that i have multiple sinus infections every year. if i get a sniffle it will always turn into a sinus infection... my military med records will show that this happened and they will also show i was never sick until it happened but have gotten sinus infections constantly since. (My old VA doctor told me not to worry about that she will give me antibiotics when it happens so it has never been looked into.) sleep disorder... i dont sleep well, i have sleep apnea that contributes to this and even more irritating the back, hip and knee pain keep me from sleeping or wake me up if i move in my sleep. (I have no idea what to do about this at all i dont even know if it is something that can be rated and it has not been looked into by the VA) depression and memory problems... i am very depressed and it is 100 percent because i cant DO anything! im 45 and cant even get off the toilet without help and even thought the depression is not directly connected to my service the REASONS i am depressed is because of problems i have BECAUSE of my service. so im trying to figure out should i wait and see if i can get mri's on the back and the hip and use that info to file a nod on those, and THEN file for the new things or should i do both a new claim on the other things AND a nod for the back and hip? its all so confusing or im just stupid.
  18. I appreciate all of your help! im just not sure whether i should file an appeal (i have about 30 days left to do that), leave things that have already been rated as they are and open a whole new claim for the other issues that have not been addressed or just wait and see if the new doctor can get me some help with the problems to maybe get a better quality of life and not need compensation at all.
  19. Berta, SSDI I have applied for SSDI but have not heard from them yet, i got all the papers they sent filled out asking me what i do each day and all that and my girlfriend also got a packet with similar questions. Depression etc I am NOT being treated for depression by the VA. When i was asked at my very first appointment i told my VA doctor how i feel (pretty much what is stated in the original message in this thread) and she marked down on the record "no depression" i only know that because i read it months later when i got myhealthyvet account. i also told her i had hearing problems, knee problems, hip problems, back problems, sleep problems, vision problems, dental problems, sinus problems, skin issues etc etc. she told me i would be getting calls for appointments within a week, and i did... the orthopedics dept. from Erie PA VAH called and set up an appointment for knee xrays and evaluations... the ortho doctor sent me to the brace shop where i was fitted for a new brace and he sent me to see the american leigion he said they would help me do paperwork for comp and pen which they did. i asked him about my hip and back and he said all they could treat at that appoitnment was the knee but i would get additional appointments for my back knee etc. they never came... i have talked to the pcp who after 4 months got me in to see a doctor about my skin problems and told me i would be getting more appointments for the other things soon to include and eye test and more xrays... the next appointment i got was for my comp and pen exam. i REALLY could use glasses before april or i wont pass my drivers license test and a hearing aid would be great too! Nobody at my clinic seems to want to help me with anything other than glad handing me and telling me soon soon soon... the comp and pen examiner at the bath ny hospital helped me more than anyone else has! i recently switched my primary care facility to one in new york so i can go to the Bath hospital instead of erie BECAUSE the examiner there seemed to care more about my problems than my regular doctor! i have had blood drawn and my first appointment in olean ny is coming up next week i hope someone there will listen to me!
  20. so you want me to scan in all the paperwork from the big yellow envelope and post it here correct?
  21. I received my rating for hip, back, knee and hearing... and dont get me wrong i appreciate the 50% rating i got right out of the chute first time through. the money is a god send and i feel like less of a sponge off my girlfriend but my question is this... when they rate you for your problems do they really look at you as a person or a collection of problems. all of my issues are service connected... im not looking to get anything i dont deserve but still i wonder when they look at your claim do they see a person or a collection of issues that dont seem "that bad" individually. however when you put them together they make life nearly unbearable. i have a knee that is just shot irrepairable meniscus tear that locks up, swells and causes constant pain. acl issues and arthritus. i have to wear a brace to even walk on it. so that prevents me from walking a lot, and standing a lot. my l1 2 3 4 and 5 vertibrates are narrowing and bulging and i dont really know what all is going on with them because my pcp informed me they "dont do backs" so the only person that has looked at my back at all was my comp and pen examiner who did xrays. that makes it almost impossiable for me to sit for long or to stand for long and sometimes it makes it impossiable to lay or sleep plus it causes aching shooting sciatica pains up and down both legs that absolutly makes me want to just curl up and die... nothing makes this better nothing! then the hip... again the only person that has looked at it is my comp and pen examiner who took xrays and told me i have spurs and probably soft tissue problems that he cant detect on the xray and that i should see someone about that and the back problems as soon as possiable... i am in the process of changing my pcp to a different va clinc because i have issues that they pretty much refuse to even look at. when i had my first doctors visit i answered honestly all of her questions but what she put in my records was not what i told her... she contridicted herself throughout the entire thing... do you have any joint problems? yes lots of them... but in the paperwork it says i said no... yet that same day she put me in for an orthopedics referal for knee pain! are you depressed? yes wouldnt you be doc? im 45 i cant jump out of the back of my truck, i have to pay a 12 year old to snowblow my drive way and i cant even crawl under my peice of shit car to put a muffler bandage on the exhaust pipe! i have to have my poor girlfriend (who i still dont know why she stays with me) help me in and out of the bathtub and on and off the xxxxxxx toilet... all the while she does all the cooking, cleaning and money earning because im xxxxxxx useless!!! that poor girl has no life because she fell in love me a worthless peice of shit that cant even get off the xxxxxxx toilet without help... so yeah i am xxxxxxx depressed just al ittle bit wouldnt you be? and in the paperwork she writes NO DEPRESSION! i have sinus infectons about 5 times a year and i have had since a peice of hydraulic equipment exploded in my face literally and hyrualic fluid was shot into my sinuses through my nose and eyes... is that service connected? i have no idea.. i didnt apply for it because she said well just come see me when you get sinus infection i give you antibiotics... my left foot was broken on duty and it aches and swells on the rare occassion my freaking kee doesnt hurt so bad i can stand long enough to get THAT effect! is that service connected? i dont know because when i asked her about that she said it probably didnt heal right and that was it... so i didnt file for that. is my depression service connected? i didnt file because she said i am not depressed so i dont know... i know this though... i wake up every morning and curse the fact that i woke the xxxx up... because i am in constant pain and useless to the entire world and NOT waking up would be the kindest thing i could do for myself and this poor girl that sticks by me for unknown reasons. why do i feel that way? because i have ptsd? no because im an unhappy person? NO! because my body is destroyed and i have to live with that for the next god only knows how mnay years! im sorry for ranting... my questions are this... do they reallly look at you like a person when they rate you? or do they look at the individual things seperatly? because any one of these by itself would be ok but when you combine the things i have already been rated for i can hardly even function let alone get and keep a job. i didnt apply for compensation on things that are wrong and things that i have military medical records and can prove because i was afraid if my va pcp didnt seem to be worried about them then nobody else at the VA would care either. do any of these things matter to the VA and should i file for them or try to get help with them? i am severely depressed because of my service connected problems. my left foot was broken while on duty in 1988 and aches and swells sometimes i have bouts of sinus infections many times a year i feel as a result of being nearly drowned with hydraulic brake fluid while on duty i have sleep apnea and my pain wakes me up throughout the night. my back was rated at 10 percent but i have nothing but the comp and pen examiners diagnosis and xrays no mri or anyting my hip also was rated at 10% but again the only va staff thats ever looked at it was my comp and pen examiner i am also afraid, if i apply for more will i look like im ungrateful and maybe lose what i already have? if i tell someone at the va how i REALLY feel, will they lock me up in a rubber room for fear i will hurt myself?
  22. 50% total and this is the break down! ok i got 10% for tinitus, service connectted 0% hearing loss (does this mean i can get hearing aids?) 10% right hip degen changes, 20% degen changes left knee residuals from menisectomy, 10% limited motion left knee, 10% degenerative lumbar. i only had xrays on the hip and back issues and the back is really bad i think once i get mri's i will contest that, the comp and pen examiner during the exam told me i should consider filing for my foot issues because it had been broken while in service and was in my records... i had actually forgotten about that, i knew it hurt but i just figured it was from old age! he told me that my bouts with sinus infections appeared to have started at my second duty station and i should look into claiming that as well... so i guess i can say im pretty happy with the findings! on to round 2!
  23. i dont know what my ratings were yet as i have not received my packet but i filed hearing loss, tinitus, torn acl and meniscus l knee, back issues l1-5 and right hip problems created by the limp i am left with from the knee and back problems. i filed in august and received a 50 percent award that will go in effect dec 1. not only was i shocked (i figured i would get 20 to 30) but they back dated me a year to dec 2013 and it appears as though they are going to pay me a lump sum for that year. my examiner was very strait forward and put in the chart exactly what he said he found upon looking me, my records and the x rays he took for the back and hip... that had not been done or looked at by anyone before.
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