[Case Laws Needed For Failure to Diagnose]

I feel I need a IME from Dr. Bash to win this. He is an expert in the field of my spinal/neurological  disabilities and I think his opinion would lock it down for me.

I can't get legal help from an attorney at this stage, due to the VA rules disallowing payment, until my appeal is denied at the BVA level.

I tried to get help from the VSO located at my local county courthouse. I took in my medical records and he commented those were not important to him.

ZERO confidence in VSOs at this point.

Having a problem contacting Dr. Bash.

Sent an email, but got no reply.

BTW Berta, it appears you and I are on the same page,

I'm unable to do the research like you.

[Case Laws Needed For Failure to Diagnose]

I'm pursuing a claim for VA doctors failing to diagnose a condition when they should have.

This is type of claim falls under an act of omission, and I am purporting medical negligence under Section 1151.

So far I have found Roberson v. Shinseki which addresses acts of omission.

VARO is arguing that I failed to show causal connection.

Pro se here going to appeal to the BVA..

 

The following is the VA explanation of denial of my spine claim for IVDS and other secondary conditions:

    " Compensation for spine condition is denied because the evidence fails to show that your VA medical or educational services were the cause of additional disability. You reported back problems. A chest MRI was conducted on December 4, 2008 by West Coast Radiology. Results showed degerative changes and disc herniation in the mid thoracic spine. You received a phone call from a VA employee informing you that your MRI results were negative and normal. Later on February 10, 2009, Orange City Cnic physician acknowledged reviewing the radiology reports and reported the results were normal.

     On June 13, 2011 another spine MRI was conducted and the results showed a marked increase in back problems in comparison to earlier MRI results.

    In February 12, 2016, you reported continuation of back pain while working at your job in construction.

    You also reported that the VA misdiagnosis of your back problems prevented you from getting the medical care you needed since you had no way of knowing if you had a disorder, as a result, you did not have a chance for a transitional job because the VA never told you you had back disability issue.

    Based on the total of the evidence, you now have cervical bulge discs with herniation of canal and foraminal stenosis.

    However, there is no evidence establishing fault on the part of the VA in furnishing hospital care, or mediacl treatment.

    There is no evidence of carelessness, negligence, lack of proper skill, or error in judgment. The evidence does not show that the VAMC failed to exercise the degree of care that would have been expected of a reasonable health care provider, nor did the VAMC furnish care without informed consent.

    Although it appears you had an unfortunate outcome of your spine pain, there is no evidence of carelessnesss, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA Administration."

 

                  REBUTTAL

                 1.       I never worked in 2016 as the VA alleges.

                  2.     I applied for SSDI and was determined 100% disabled as of Sept 2, 2010, the last day I ever worked..

                  3.     I was never informed that I had ANY back problem by the VA. Was told the MRI was normal when in fact herniated thoracic disc, and degeneration was noted in the radiology report the VA doctors received and acknowledged informing me the results were normal. Only until after I was too disabled to work did I find out what was wrong with my spine. I had to acquire my VA medical records and when I got those, and read the radiology report from 2008, I discovered that my thoracic spine MRI was NOT normal. Multiple VA doctors treating me kept telling me all along the MRI was normal, even while I'm having chronic back pain from radiculopathy. I continued working in pain for about two years without knowing my spine was deteriorating rapidly.

                 4    I made an appointment in 2011 and told my treating VA doctor they had made a mistake in my diagnosis. My spine was not normal,. They started damage control them and expedited MRI studies on all levels of my spine..The results came back so bad that I became severely depressed. I blame the VA for not diagnosing me in 2008 when they should have, and by not doing so, they failed to treat/ diagnose my IVDS which allowed it to progress until I became disabled due to the severity.

                      The VA diagnosis and treatment came AFTER I was unable to work,and adjudicated disabled by a SSA administrative law judge.

                      Too little too late.

                       I'm feel fortunate to have not had cancer, or some other terminal disease, or I would have been dead for sure based on the poor standard of care the VA provided me.

                       Why do they need to lie and deny a legitimate claim of negligence leading to my permanent disability??

                >>> Hopefully one day my case makes it in front of someone who will actually apply the law as it is written.

                       The St. Petersburg FL. VARO has done me wrong..

                       In the meantime, I'm doing my best to fight Goliath on my own.

                       It's been an uphill battle, if I were healthy it'd be a different matter.

                       Fighting my spinal disease and fighting the VA for benefits is a war on two fronts.

                  

 

 

 

[Wrong C&P Exam For My Condition??]

I DO NOT  have a copy of my military service records, or C-file just yet.

Ebenefits say I'll get a copy some time between 2018 and 2019. 

How lovely.

Sent a FOIA request and time is running out, just as soon as the twenty business days are elapsed and no copy of my c-file,,, I'm appealing to the OGC.

If the OGC fails to timely respond in 20 business days I will seek an injunction in federal court to have a court order forcing them to comply with the rules/timelines.

I'm at a huge disadvantage without knowing what's in the file the VA is using to make decisions.

I think the C-file is going to shed some light about what medical opinions are in it are saying

i have begun to feel like I'm treated like a mushroom.

The VA feeds me crap..... and keeps me in the dark..

 

[Wrong C&P Exam For My Condition??]

Went for a C&P exam for PTSD.

I received a decision that I have PTSD...but it wasn't service connected.

After the PTSD claim denial, I filed a claim for anxiety and depression..

It was quickly approved at 50% rating ...without another C&P exam for anxiety and depression.

The C&P exam was for PTSD and didn't focus on my anxiety and depression. 

Questions were pertaining to PTSD.

My Gaf was 45 prior to the PTSD C&P exam.

Not able to hold down a job due to the severity of my depression and anxiety.

If I file a NOD, will the VA provide another C&P examination specifically based on ANXIETY and DEPRESSION?

 

Undecided if I should file a NOD.

Depression has increased in severity due to a stressor from a diagnostic test result obtained since the C&P exam..

The VA examination process heightens my anxiety level as I have a fear of not receiving a fair and unbiased C&P examination.

[Getting My C-File]

My projected time for receipt of C-File is 4/18-5/19.

Deck is stacked against us.

[Getting My C-File]

Need to file a NOD on a recent Tinnitus claim denial.

Sent in a request, FOIA etc., for my C-file.

VA acknowledged receiving my request on Ebennies and shows a date of 2018 when I can expect them to make a decision as they have my request categorized as a new claim.

I was thinking I read where there are specific deadlines requiring the VA to meet my demand for the C-file.

Anyone know what the time frames are requiring the VA to comply?

[Attorney Telephone Consultation]

I'm going with my gut feelings and finding an attorney elsewhere.

Based on my previous experiences, and weighing the outcomes, I'm trusting my gut feelings

A consultation is scheduled with a different attorney on Friday.

I choose to live my life with "no regrets".

[Proposal to reduce combined rating from 70% to 60%]

Would like to know this because I have spinal claim conditions like yours.

[Attorney Telephone Consultation]

Had bad vibes from an attorney today while seeking someone to help me with my claims..

Bad Vibe#1.;

 Was given a date and time that we would have the phone consultation, and he was 45 minutes late calling me.

If I am NOT important enough for him to be PUNCTUAL at the beginning of our dealings, I'm thinking it will only get worse after I sign the contract allowing him to represent me.

 

Bad Vibe #2;

I ALWAYS like to meet someone face to face before I decide to use their services.

Wanting to do it by phone seems too impersonal, and made me seem insignificant.

Plus, I like to get a read on somebody by their facial expressions and body language.

 

 

Bad Vibe #3;

2. He is telling me he is sure he can get me at least 70% and TDIU for my PTSD that was granted but not service connected.

Told me he has great doctors to file an IMO, and get my rating service connected and and at a ratable 70% disability.

He isn't God, and has no idea what's in my C-File, and to tell me this, scares me.

 

Bad Vibe #4;

3. Cost

His charge will be 30% of award of compensation.

He also said I would have to pay a cost for IMO of $2000.00.

I said "Why do you charge 30%?"

He said, "Because I am worth it."

 

He's mailing the contract  for my signature.

Something tells me it will have disclaimers, hidden fees, and a lot of stuff that will really be bad.

Currently the VA  granted a 1151 claim based on negligence, for anxiety and depression @ 50%.

I have two more open claims.

One is 1151 for spine, the other is tinnitus/hearing loss.

Checked Ebenefits and  the decision letter on the tinnitus/hearing is in the mail

I didn't see a new disability added, so it must be a denial letter.

So.... they going to deny a tinnitus claim by a person that worked on 671 Detroit Diesels as a mechanic for almost two years?

 

The attorney seemed disinterested in the spine, and other claims.

I told him the spine claim has been deferred, and he asked if the VA has done a C&P for my spine. I told him, no.

Attorney told me he'll file a NOD on the PTSD non-service connection, and get a copy of my C-File.

Seemed to me that is where he is focused , on the PTSD.

I don't know why.

 

I'm near Orlando.

Any suggestions/recommendations for a law firm besides Hill and Ponton?

 

[1151 Spine Claim]

The mental anguish of dealing with the VA is too much for me. 

The VA has granted my anxiety 1151 claim at 50%.

I just had a C&P for tinnitus/hearing loss done.

The VA has deferred my spine claim.

Deferring my spine claim enabled the VA to deny my claim for TDIU.

I'm hiring a good attorney and he will be able to fight for me.

I'm in too much pain and irritable most of the time to do this alone.

[1151 Spine Claim]

In 2007, I went to the VA because I was having back pain.

A thoracic MRI was ordered.

Two different VA doctors said they reviewed my MRI and that it was normal.

Kept working in construction and kept complaining to the VA about back pain.

They sent me to another VA doctor that said I had a small fatty cell lipoma in my right scapular area.of my back.

I asked him if this was causing the pain and he said that they are usually painless.

I was hurting all of the time and called them(VA) and said I'm tired of the back pain and I want the thing cut out.

I was getting nowhere with them so I started taking OTC meds for chronic pain,

Three years roll by and I'm still valiantly trying to keep up doing my construction job in agony.

Stepped in a pot hole on a job site, twisted my kneed badly, and ripped my right meniscus on my knee and had a MCL sprain.

Knee never healed back right so I was unable to return to my former job involving heavy manual labor..

I decided I needed to file for SSDI.

Gathered my VA records and records from private docs for SSDI.

Got a copy of my MRI from 2007 on my back and the radiologist reported multiple herniated discs abutting my spinal cord in my thoracic spine.

All of my suffering and chronic pain complaints and not one VA doctor read my radiology report.

This is a clear case of medical negligence.

My spine is a total wreck now, Got a consult in two weeks with an ortho spine surgeon.

I currently think I have about nine herniated discs, and some are causing marked spinal cord compression, and many neurological abnormalities, scoliosis, loss of cervical lordosis from all the muscle spasms, numbness in my extremities, and more.

Thanks to VA  doctors I kept doing heavy lifting at work. believing their diagnosis until it was too late for my spine.

This line of work accelerated the progression of my IVDS.

It's too late.

I'm screwed for the rest of my pain-ridden life.

 

[Tinnitus & Hearing Loss C&P Exam]

I filed a VA form to give the VARO something to consider.

I mentioned that I haven't fired a gun in 30 years and that my hunting was mainly done with my dad when I was a teen before entering the Army.

As for the examiner using compressor noise, I told the VARO in this statement that compressors use noise dampening devices.

Variable speed, variable volume,high efficiency rotary compressors are so quiet(ductless mini-split systems like Mitsubishi) you can't even tell if the compressor is running when standing beside the unit.

This examiner WAS trying to burn me.

My gut feelings are usually right.

Don't know if it was good or bad to send that form/letter in but I'm hoping that it will be considered favorable before the RO decides my case.

 

[Tinnitus & Hearing Loss C&P Exam]

Does anyone know what the first test was for when they insert something into the ear canal and you feel pressure, and hear  different beeping tones?

Reminded me of an eye glaucoma test in a way.

I wish I had thought to tell him something about when he said I've been exposed to a/c compressor noise.

Compressors come with sound blankets and other noise dampening devices.

 He asked if I hunted, and I told him I deer hunted years ago. But most of that was done prior to my military service in my teens with my dad.Haven't fired a gun since 1986..

I 'm telling you i think this examiner was out to give me a bad exam from the get-go.

I'm anticipating having to fight a bad decision.

My nerves are shot guys, i'm serious.

Bad news on my spine, and the constant pain, is stressing me out to my limit so i went to see a psych.

Waiting on his evaluation.

 

[Tinnitus & Hearing Loss C&P Exam]

Yesterday I reported to the Orlando VA Medical Center for the above-styled exam

As he escorted me into the exam room, he asked me a question in a low voice.

I couldn't understand what he said.

I replied, "What did you say?"

Then he spoke clearly and loud enough for me to understand him.

So I replied to his question.

The initial part of the exam involved inserting some kind of medical device in each ear canal, one side at a time, and I felt pressure and it made beeping noises.

Then came the tone response test where you tell them when you can hear the tone.

Finally, sentences were said where you have to identify a particular word and repeat that word.

After it was over, the examiner led me out of the exam room and walked about ten steps ahead of me.

I have spine problems and use a cane so I'm slow anyway.

I see the examiner standing in the corridor and he asked me another question in a low voice that I could not understand.

I asked him to repeat what he said, and he asked me in a louder voice, so I could understand him, "Do you have any more exams today?"

Which I replied, "No."

While in the exam room he asked me how the tinnitus affects me.

I told him that the constant ringing in my ears annoys the crap out of me.

I told him that I turn on a fan next to my bed each night when I go to bed, to help drown out the noise from the ringing in my ears.

He asked," Have I had my hearing checked lately?"

I told him , no.

He said, "What makes you think that you have hearing loss?"

I said, "My wife gets aggravated because I have to turn up the volume of the TV to be able to hear it."

I said, "I've had to stop watching TV in the room with her because it always starts an argument."

He also asked what my civilian job occupation is/was.

I told him I've been a HVAC technician since the early nineties.

He said so you were exposed to noise made by air conditioning compressors.

He asked me what my military occupation was and I told him I worked as a diesel repair mechanic as my MOS.

I told him I was also exposed during training to noise from firing .50 caliber machine guns, .30 caliber machine guns,M16 Rifles, live grenades, and artillery simulators.

He asked if I used hearing protection, and I told him not when repairing the diesel engines, and I don't remember if we did when firing our weapons during training.

I had nothing to hide but honestly this guy left me with a bad vibe and an unpleasant experience.

The last thing I noticed was, Holy mackerel did this guy have some large feet! 

His shoes might have been a size 18.