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Jayg

Senior Chief Petty Officer
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Posts posted by Jayg

  1. Is the PN directly due to SC diabetes and claimed as secondary to DMII?

    If not- I have only found one PN claim ,not due to diabetes, awarded at the BVA last year.There could be more.

    I posted a link here somewhere as it was first one I ever saw.

    The veteran had obtained one or two independent medical opinions.I think his SMRs also revealed numbness in lower extremities and he also had buddy statements.

    Berta, you are not very encouraging. But truthfulness is most appreciated.

    To date, I have NOT (VA health records emphasis) been diagnosed with diabetes. Personally, I had always thought this pain and numbness have more to do with pinched nerves than anything else and a few trips to a 'good' (there are such if admittedly hard to find) chiropractor would do much to relieve it. But... my doctor (in most ways a truly good doctor dedicated to his patients health and well being) does not have much use for chiropractors so will not recommend such treatment.

    Pete - "Good Luck, Just had to say it."

    The thought is really appreciated. And in good truth, luck seems to be more effective than prayer in dealing with VA. But I ain't holding my breath on either one's account. No, I just trudge along knowing all this is a bunch of expletive deleted. that will take it's own good time.

    It had looked pretty good right after my dro hearing last- March I think it was now, or maybe early April. But I haven't gotten a decision from that hearing yet and discussing things with Jim Strickland, he allows I likely won't get one this year at all. The way things have gone there's no reason to believe it'll be any better than any others before. Heck! The way they're going, I half expect to lose some benefit! In any case, jim and Larry both suggest I hang on til I get a decision and they'll recommend some lawyers. I expect those lawyers will be very good at dealing with VA. B)

    It just hadn't ever have to come to this... <_<

  2. yep yep, make sure you get a copy of that exam next time around. Get a copy of that test too.

    frank

    The results of that prior exam are in my VA records. The Dr.s point was that the original C&P dr. need only look up the results.

    But, and I pointed this out to the neuro Doc, the question the C&P doc wanted answered was 'what caused the neuropathy?'

    I think JBasser is right. The doc does not want to opine. I further pointed out that all that was required was for him to say it was "as likely as not the result of..." but he wouldn't go there, at least, not in my presence. He only said she'd (original C&P examiner) would have to call and talk to him.

    That doesn't sound too good for me. <_<

  3. Ok, I went through a C&P from hades recently. One problem I have, and claim on, is peripheral neuropathy. I was examined for that about a year ago. The problem is, the doctor only stated "idiopathic" as the root of the problem. Not good enough for the C&P doctor (me either) so she ordered another test.

    The nerve doc says this is too soon to do the test again so refused to do it. He just said the C&P doc would have to call him.

    So where does this leave me??? I did my part, showed up, checked in and was signed out.

    So now what?! :P

  4. Friday the 24th, I have an orthopedic appointment for my Back and Knees. What should I expect?

    What kind of appointment- general medical or C&P? In my case, for general exam (I have severe arthritis in my knees) they took X-rays and later an MRI, bent my legs to first pain to get an idea of ROM, had me push and pull against pressure to determine strength, walk, stand and other things such as raising on feet and the like. Also pressing numerous points with thumb pressure.

    From this they determined course of treatment.

    I haven't had a major back work up though I'm being scheduled for an MRI.

    C&P? they pushed the limb through till it hurt then pushed it through beyond that to measure range of motion.

    Ain't much but I hope this is what you were looking for.

  5. have you had any surgeries to your feet.

    I'm hoping for 30%. I am the same way in that it hurts when I walk. When I get out of bed in the morning I think twice before setting my feet on the floor. Back hurts. Feels like my spine is compressed. Has anyone used a inversion table for their back?

    You just described me to a 'T'! In the morning, my feet feel like slabs of dried leather. Like you, I really hesitate before putting feet to floor. Then I tend to hobble my way, leaning on cane and furniture, on my way to the bathroom.

    Back problems? Ohhh yes! Look for a diagnosis of "altered gait". That can throw everything up the line outa whack! I have a bum ankle, which, with pes planus and "Trendelenburg Lurch. Add a ne diagnosos of planus fasciitis...

    Oh! I'm rated at 10%.

    Better luck to you...

  6. Had another C&P exam/farce at a VAMC just yesterday.

    For range of motion testing, if the limb didn't move enough to suit, she pushed or pulled, sometimes hard. Twice she brought me up the table with the stabs of pain.

    A "crap shoot" implies some degree of possibility of getting somebody decent. That's not too likely in my ao. :angry:

  7. Hi all,

    I know this is just SOP and I am not surprised about it. But I am very aggravated.

    I had another C&P farce, er... "exam," yesterday. The examiner was testing for Range of Motion for my ankle, hip and knee joints and looking at my back. All those wonderful secondary conditions they have so far refused to even address as such.

    Anyway. It progressed like something between the Spanish Inquisition & an Abbot & Costello show (with me as Costello of course). In the question and answer session, she kept trying to get me to say I hurt my knee at work. I kept coming back with the simple, true, statement that I had never injured my knee. I finally had to bluntly say "Look, I told you that I never did have a specific knee injury" and added that my conditions were a result of gradual degeneration over time and that it had just kept getting progressively worse until when I last got laid off, I could no longer get work. She dropped that line after that.

    The range of motion testing was worst of all. She really went for getting that movement. Stopping at first pain? HAH! Not with that gal! Even loud exclamations of pain didn't stop her. When things didn't move far enough to suit her, she pushed the offending limb. On one or two occasions, she gave the limb a sharp shove. When one of those brought me right up off the table with a yell, she didn't go quite that far again. I kept saying "You pushed!" (or pulled, take your pick, she did both.) After a denial the first time or two, she didn't bother even protesting any more. Another time I had a back spasm that shot me right up too.

    As far as I am aware, she is also supposed to take (only?) an average of 3 motions but she sometimes went 4 or 5, to be sure and get the numbers they want to deny would be my guess. She told me I wasn't even returning my (feet in this case) to "neutral" but where she wanted me to go felt an awful lot like pulling my foot up before even beginning. To, it was my luck that yesterday was an especially stiff day to begin with.

    Anyway, you've got the picture. I am still miserably sore this morning and will likely be stove up for some days. She also had my blood drawn, and piss taken. A number of X-rays were shot and I am to be scheduled for another nerve test and an MRI of my lower back. I hope I can stand that. It makes me squirm just thinking of it.

    There were only two things (to me anyway) that were a bit incongruous to the whole train ride. (rail roading) In trying to get her ROM results, she said "If you want that rating, we have to do this." It sounded out of character. For the record, I never tried to get her to stop the testing and repeatedly reaffirmed my desire to be co-operative and that I was doing the best I can.

    The second thing, was that during questioning about my various joints, and my replies to VA's diagnosing, she would ask, "What was their explanation for the cause of this?" I of course kept replying "nothing, they said nothing as to cause" or idiopathic in the case of my nerves. I finally said that they had carefully and and unremittedly avoided making any comment as to origins of the conditions. To that she "hmmm'ed" and dropped that line of questioning.

    Anyway. that's it. I'm still stiff and sore this AM and expect to be stove up for a few days. When she had quite done, I couldn't even put on my socks! (didn't bother trying either)

    Thanks for 'hearing' me out. I just had to shoot this past you for your opinion (probably "nothing surprising") and, I confess, to vent a little. I am none too happy about this one already but, whatchagunnado?

  8. I am a "Viet Nam Era" vet, never went over, thank God. I suffered an accident in 1980 and am disabled today as a result of that.

    However, I consider it only right and proper to step aside and give over for combat injured vets.

    That does not mean I think I don't desrve my benefits or don't get frustrated by repeated delays.

    I can't explain it, that's just how I feel. I won't, however, be writing any letters supporting my particular view in this case believing it not in the best interest of all. I can't explain about that either. Again, just how I feel.

  9. I just got a denial based upon a contract doctor's C&P exam. I have not yet received a copy of the exam report but based upon comments made within the denial, it sounds as if the exam was at least outwardly objective. The denial was based upon a reported absense of ankylosis and numbers obtained in rom testing. I'm waiting for a copy of the actual report before proceeding.

    However, my last VA hosp rendered C&P exam was horrific. It was utterly damning and, entirely false. They lied about statements made, they lied about records and only referred to records supporting denial omitting many more records counter to those. They falsified statements made and in records. They far exceeded the object of the exam to sabotage my entire claim.

    Now I have to go back for another exam there and they won't even tell me what the exam is for. It took them 5 weeks to generate a report on my exam which was flagged to expedite for hardship. They didn't get it flagged this time. It's been 3 months since my DRO hearing, it may be another 6-8 weeks or more until the report of this next exam, not due until the 14th, is released. My DRO has been tasked to give classes and will not be working his cases until that is completed and nobody seems to know when that will be... but I digress.

    I am really dreading this one since it is clear they will say and do any and everything to drag me down. :D

    I'll go back to that contract doc any time!

  10. My last exam was kind of like how your was. When I met the examiner he gave me a weird look and walked behind me all the way to the Exam room. I could feel his eyes peircing me watching every move. The whole exam I felt like I was on pins and needles. I got a copy of the exam and he made three critical errors in my treatment history. He even based his opinion on the errors. He said that I had treatment for bipolar prior to service which was incorrect. I never ever had treatment or even counseling for that matter for any mental disorder prior to service. Grave Grave mistake on his part and then he opined that my illness didn't have its onset in service because of that. I actually thought I had someone elses exam. After exhausting letters outlining the errors I finally have another exam later this month.

    Frank

    That's better than what I got. They acted like all was normal business as usual. It took 5 weeks to release a report on a file flagged for hardship and i had to call them on it. Then when I saw my report...

    False statements.

    outright lies

    contradictions (ie, there is no evidence of tenderness, next line, there is evidence of painful motion)

    Every record cited was damning when there may have been 2-3 countering files in the record supporting me...

    No, they pretended to be 'professional' then let me have it.

    My VSO says its the worst he's ever seen.

    Better luck to y'all. I'm sunk. B)

  11. Ankylosis. Exactly what is it? I read stiffness or locked.

    I have a bum ankle and was denied 30% with explanation that they require "ankylosis" and Plantar flexion of 30-40% (I have 20% so forget that.) and dorsiflexion of 0-10% and I have 10%.

    I have heavy swelling of ankles and they are stiff, but they state I have "no ankylosis." So what do they define ankylosis as???

  12. I sent in an IMO from my family doctor and an complete medical evaluation from a orthopedic doctor who sent me for two kinds of MRI's, then read the results ..they both had opinions at around 30-40% each side.. that is honestly allot more like what I' deal with every day..i don't know what to expect .but a low balled new percentage.......someday.... not easy dealing with two bad shoulders.. makes tucking in your shirt difficult.. lol.. crazy.. but true..

    they employ C n P DOCS that do things their way...and hold on to them forever..

    "makes tucking in your shirt difficult.. lol.. crazy.. but true..." When my shoulder acts up, it's "doing the paperwork" ;) (get my drift?) that gives me fits.

  13. I have to wonder. What kind of shape were youall in before the operations? My doctor said I should have both knees total replacements. But, because of my age (53) they want to wait about 5 years so hopefully they'll only have to do it once. ;)

    But, and this is the point of my question, you all are describing my conditions minus surgery and complaining about it like it was something new. ROM 75%? I should be so lucky.

    I cannot stand, walk or pursue any activity for very long. My knees ache constantly, they grind, crunch and swell. They alternately lock up and give way. Any torquing of my knees and I am in agony and going to fall. I have to use a cane in the house, a walker for larger areas like the VA hospital, and a scooter out of doors. I am going through my second round of injections in both knees, once a week 3 weeks running. Pain is a constant and I take meds by the handfull just to keep it that way.

    All this and I have not had the surgery. In spite of both of your misfortunes, my condition is such I would gladly risk it. It sounds as if I'd be no worse off than I am now... :huh:

  14. Point of order. Even without the C&P's you should be rated at least 100% TDIU

    Yeahp, I too am familiar with the VARO dirty rotten tricks department. :huh: They've been denyiing things on false hoods and outright lies, falsifying my records... FINALLY! I get a DRO hearing. Goes good, he does want a couple admittedly outdated C&Ps, no problem there.

    BUT!

    They transferred my DRO! My file has gone back into the merrigo'round to be decided by somebody who never met me or listened to my side of the story... You know, like the folks who've been denying me these past 3-4 years! ;) I can request another DRO hearing but that'll be at least another 3 months.

    C&P hearing? Yep. I had one too. My file has been flagged for finacial hardship epiditing. They only examined my feet and the report hasn't been released yet, its finished, just nott released yet- 5 weeks later. I finally get to talk to the head of the C&P dept. Patronizing, expletive deleted, so on and so forth...

    I wish you better luck.

  15. I am far from the last word here but can give you some thoughts.

    Does anyone know if you can file for vision impairment. The reason I ask is because when I was at the DAV the other day and asked they said you cannot get service connection for vision claims. I told the person that I was diagnosed as needing glasses while on active duty didn't need them prior to active duty. I also asked then why are there listings for visual impairment in the Title 38 regs. Was not given a very good answer.

    Thanks,

    Bergie

    I told the person that I was diagnosed as needing glasses while on active duty didn't need them prior to active duty.

    That is basically considered natural deterioration. I had them tell me the same thing about my hearing but I was in the artillery. I won that claim.

    I also asked then why are there listings for visual impairment in the Title 38 regs.

    That's easy. There are all manner of injuries that may occur to the eyes. Also diseases or conditions brought about by a particular type of service, welding say.

    On that note, did your service promote any consistent eyestrain? Clerk maybe? If you can identify a connection to your military service and, provide a nexus to it. You might could give it a go.

  16. If you're in a hurry, slow down. Listen to these people. They know what they're talking about and are telling you what you need to do, what will get you there.

    But in a hurry? Forget it!!!

    Got your attention yet?

    Follow me here... I have been working on my claim since 2004 when I was last able to work. My second year I charged at it. Wrote letters, called congressmen and senators, went to ombudsmen and newspaper. (got my picture on the front page and an article about the VA system flaws.) I learned that everything, everything I tried to hurry things up did nothing but slow it down. Yeah I went bankrupt, almost lost my house. We eat beans & rice and a lot of cheap hot dogs. Life sux and then you die.

    I have severe debilitating arthritis, I too have pain. Believe it. To date, I am only rated at 40%.

    "Outright lie" They do that. Long and often.

    They will sit on your file and do nothing no matter how often you implore them to advance your case. I recall once they sent me the letter concerning the 60 days to submit new evidence. I submitted the form for them to "advance my case I had nothing new to add" 5 times! I mailed it, faxed it, sent it certified, they did nothing. They sat on it unmoving for the full 60 days.

    They have also falsified my C&P exams. The comment "Gait is steady" was followed by "cannot raise feet sufficiently to test gait." And another exam said "Gait is steady." followed by "rolls like a sailor with significant truncal shift."

    Then in one SSOC, they reworded my claim and denied me on that basis. I of course had to file NOD, not once but several times. I'm still waiting for them to acknowledge this one.*(see comment about DRO hearing)

    I had two enlistments, the first beginning in 'the 'Nam years but they insisted on saying I was a veteran of peace time. (that put me in a slower bracket as I understand it.) I finally got them to straighten that out anyway.

    I filed for financial hardship consideration a number of times. It changed nothing if it didn't actually slow things down.

    I have many times checked with the 800# to be told, your file is with a rater. There should be a decision in 8-10 weeks. Then two months later, it's been sent to a different rater, there should be a decision in 8-10 weeks... Then three months later, it's been sent to a different rater, there should be a decision in 8-10 weeks... This has happened 5 times in a row now.

    Then it's "you requested a DRO hearing and it's with them. No one will make a decision until then. So when's the hearing I ask. "don't know. you'll be notified." I was... months later and more weeks to wait on an appointment.

    FINALLY! I get a DRO hearing.

    *He acknowledges the errors in the SSOC and said (off the record) he's accepting my IMO and granting my secondary conditions (that they have thus far steadfastly denied). He did want to order a couple C&P's- that adds more time of course.

    Too bad the DRO said that 'off the record,' because now he's been transferred elsewhere, my file is "with a rater. There should be a decision in 8-10 weeks." :o Is this beginning to sound familiar? Now my file is going to be judged by somebody who has never seen me just like those who have been denying me right along. I can of course request another DRO hearing but that will take "at least another three months."

    It's been 5 years and the end I thought might have been in sight, just got flushed down the drain. I would not be surprised if this is just another dodge and nobody really got transferred. Anyway, I've had those C&P exams. It's been 3 weeks since the first and I still don't have the report yet. AND my file is flagged for "financial hardship."

    Now!

    ......Calm down,

    ...............slow down

    and...listen to these people. They know what they're talking about!

    If you're in such a hurry you can't do that, you might as well quit and go home now.

    Frankly, I wish I could! Unfortunately, I can't.

    You never know. They may get lucky and I'll die first. :unsure: They keep hoping anyway. :mellow:

  17. C&P exams heretofore, for me at least, have always been from a regular VA facility. The bad thing about our local one is that no matter how nice or how vile the examiner, the report goes through one other person. Let me just say that where I am, this is not such a good thing.

    Since this exam was conducted in my home town, or near enough to call it so, (I don't live in town) I may hope it bypasses this rabid individual altogether.

    Since the exam was scheduled through a central office that others may encounter, I'll name names. The central firm was "MES SOLUTIONS- VETERANS EVALUATION SERVICES." Their web page describes them as a "veteran owned company" for whatever that may be worth.

    That was not the name on the office I went to. This was a very small affair with something (I literally do not recall the first part) "??? occupational medicine." There was only a secretary, nurse and the one doctor and the office was clearly not set up for treatment so obviously exams were all they were about. It's clear then that they should very well know what they were about so no fooling around.

    The Dr. was an older man and claimed to be a veteran himself. Easy to talk to so watch what you say I figured. He was to examine one ankle but the other was swollen too and I have it claimed as a secondary. He said "wow! that looks bad! I'll go ahead an examine it for you too. Since it hadn't been checked in some years and that last exam was not doing me any favors, I told him to go right ahead. He once commented "you're a wreck from the waist down" and later "Basically, you can't do anything from the waist down." (concentrating on the bones and joints here, - a-hem!) Hopefully that's what his report will say. Unfortunately, when he asked about X-rays, I had to tell him those were scheduled for next week. I called the main office about that, seemed backwards, but they said go it like that.

    Over all, the impression was very positive. They tell me I can call for copies in about 2 weeks. That makes them quicker than VA anyway. That's when I'll be able to report how it really went down.

    Until then, we wait. and wait.. and wait... and....

  18. I do believe that complaining like hell does get results. You want to go to your VA appointments and tell them about falls etc. I got a cane because I fell at home due to foot problems and to the pills I take. I don't know how they can say a vet has a mild or even moderate condition if he is in a wheelchair or scooter. Obviously you have lost ability to walk and that is a big deal. At my VAMC I have found that the VA has a hard time getting doctors like neurologists to do C&P exams. The ones they do have seem quite willing to give the vet the benefit of doubt.
    The problem doesn't end there. Too often the examiner, PN, PA, Dr. Cheetah, Whomever, isn't the one who writes the final report or has the last word in what goes in it.

    At my VAMC the person in charge is a real killer. The last report I had on my last C&P bore little actual resemblence to what went on in the exam room, and was no help at all.

  19. Good sound advice. I just wish there could be some sort of fund set up to help those who desperately need but simply cannot afford those IMO. I only managed one through the charity of an acquaintance.

    "And their is nothing better then sending them copies of your own records highlighted and then explained as to how the specific entries or test results support you claims."

    Not necessarily true, unless you refer strictly to personal satisfaction. My records were lost in 1980, and after many applications for records miraculously turned up in my mailbox in 2005. VA only had my last 5 months service of records, which of course, contained nothing of consequence :o

    I supplied copies from this stash of records with my new claim based upon them. But there is a remark in a communication from VA, (I couldn't find it in a quick scan of my record file.) that reflects that they have not managed to acquire such records themselves and that apparently I have the only copies in existence and, as such, may be questionable. In reply I submitted the NARA letter that came with the records and there has been no complaint since.

    Whether any debate as to creditability remain, I have no idea.

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