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About NavyVetGirl90

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    E-2 Recruit

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  • Service Connected Disability
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  1. Thank you all. I have written a new statement in support of my claim and I will be submitting it today. I will keep you all posted on my claim's progress. I will also inform of things I did that may have help my claim.
  2. When I originally applied for disability, I was denied with the response " Service Connection may be granted for a disability which began in military service or was caused by some event or experience in service. Service connection for (headaches, left knee condition, and right knee condition) is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed". When my PCP and the NP went through my record they found a diagnoses of Patellofemoral Syndrome in 2008, but my PCP stated that my migraine headaches were more than likely getting worse because of my depression. The depression was not an argument at all. Its on several pages of my record, with perceptions for the condition. The rationale that the NP provided was that my separation assessment in" 2013 indicated that the condition healed". However at my time of separation, I hand wrote out that I was still experiencing pain. The medical provider who signed off stated, " the rare discomfort she reports is non limiting". I would think that at this time me reporting the pain and her saying its just non limiting would still mean that it is not healed. Also I reported the "severe and unusual headaches" in 2008. I was never diagnosed and was taking motrin. But I always reported them. At separation, the medical officer wrote " She has not been seen for headaches for a few years She is not taking any prescription medication for headaches". My symptoms were reported as "I get dizzy often and have headaches" and on another report, "Often find myself dizzy (unknown why), never fainted. Headaches daily (taking motrin). These are all things I reported during service and before exiting service. How are they not service connection. No one took a blood or urine sample from me, so how could estrogen levels be an indication of the reasoning for my headaches. And because I reported these things to the military before I left and no one did anything about it, doesn't that show a disregard for my health concerns. I mean here I am telling these medical professionals that I have headaches and I get dizzy from them and no one is saying you might need something stronger than motrin. No one is saying lets get you a neuro consult. I mean if I knew then what I know now, I would have. But I didn't so they should be more willing to take care of their veterans. I shouldn't have to suffer or worry about losing my job due to having trouble with lights in my company's office. And I shouldn't have to wait another 3 years for benefits. After submitting this information to ebenefits I felt good pointing out that these conditions were there and that I had been telling the Navy for years, but I cant help but wonder if it will get over looked. Has anyone heard anything about the benefit of the doubt doctrine? Do you think it will apply here?
  3. Hello Fellow Vets, I'll try to make this a quick an easy read. I joined the Navy in July 2008 and served 5 years of continuous duty. By the time I was out I had several issues that were not present at my join date and eventually filed a claim for my benefits. Upon departure from the Navy, I filed a claim and was denied benefits for headaches, depression, a left knee and right knee condition. When I received my decision packet, it stated that these conditions could be granted a rating if found service connection. When I met with the DAV representative, he stated that if I could have my primary care doctor write a letter and say the conditions were service connected I would be able to have it reconsidered. So my Primary Care Doctor who is a medical doctor, reviewed my medical record and she drafted a nexus letter that supported my claim (with proper language *more than likely service connected) for all the conditions I listed above (and others I will have to go back and file for at a later date). In addition, she diagnosed my headaches as being migraines as opposed to just headaches ( after I gave her the symptoms I had been experiencing). I submitted this letter in June of 2016. In September 2016 my claim went to preparation for decision and then was kicked back and the VA requested a C&P exam. This exam was conducted by a Nurse Practitioner. She opined that my headaches were due to elevated levels of estrogen and that I was cleared from physical therapy in August 2012 so neither condition was service connected. As I result I dug through my medical record and found evidence of reports of "severe and unusual headaches" on documents that were dated as early as October 2008 before I was ever on birth control. And reports of me complaining of knee pain after I was cleared from physical therapy in the year 2013. Though I found proof that I had been reporting these issues and nothing was being done about it, I also questioned how a science assumption could be made in this matter. If indeed I was suffering from elevated estrogen levels, shouldn't the NP have conducted some sort of blood work? It was not done....EVER. So my question today is Do you think that the opinion of the NP will out weigh the opinion of my MD ( who is also an employee of the VAMC in Atlanta, GA? Thanks For your time!
  4. I'll try to be brief. I was originally denied service connection for headaches, depression, and a left knee and right knee condition. However after reviewing my medical records; my VA Medical Dr. drafted a nexus letter in my favor (using the proper language *more than likely*) stating that these conditions were service connected. Months after this letter was submitted I had a QTC exam for my depression and this particular issue was found to be present. Then right when I enter "preparation for decision" in September 2016, the VA decides they need more evidence and request a C&P exam. I go to this exam in October and the opinion is later rendered that my headaches are a result of high estrogen levels from birth control and that my knee conditions were not valid because I was cleared from physical therapy in August 2012. My thoughts were that in order to determine that the estrogen levels were causing my headaches, I would need to have blood work done. I DID NOT HAVE ANY DONE. Secondly, I found samples in my medical record before ever being prescribed birth control in October 2008 where I complained of "Severe and Unusual Headaches". In my separation paperwork, I stated that I felt dizzy and often still had headaches. Additionally, I was diaganosed with patellofemoral syndrome in August 2008. I was cleared from physical therapy August 2012, but before separation I informed them that I was still having pain and was suffering from swelling as well. Aside from this evidence that I submitted and my Medical Doctor Reviewed, my Dr. also was able to see to the same findings and diagnosed my headaches as migraines. So my question and my concerns is Which one will be weighted more? The opinion of the nurse practitioner who did my C&P exam. Or the Medical Doctor who wrote the nexus letter? All Opinions Welcome.
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