57tom

My claim was denied - what do I do next? This are the VA reasons: "Review of your service treatment records were negative for any complaints, treatment, or diagnosis of MS during your military service." (At 18 I didn't even know what MS was, let alone know what any of the symptoms were. If I had any slight symptoms, I would have blown them off. So this doesn't seem very unusual to me.) "Review of the cited treatment records show that you first sought treatment at the VA in 2002, at which time you reported and 18 year history of MS." (I never sought treatment at the VA because I always had private health insurance. Prior to 2002 I had been taking weekly injections of Avonex for quite a few years. When I first went to VA I reported an 18 year history, I had been estimating - the doctor asked, and I said 18 years. I wasn't concerned about being totally accurate, that wasn't important at the time. But 18 years would have been 1984-ish and my 7 year cut off would have been June 84. With private insurance I was paying $225 a month out of pocket just for the injections. Once VA changed some of their income requirements, I could get the injections throught them for $7, up until then my imcome was too high.) Review of the letter from Dr. XXXXX notes that your private medical records from 1977 to 1990 are no longer available. He reported that from 1977 to 1982 you presented several times with numbness that initially was undetermined. He further reports that eventually a diagnosis of MS was suspected in 1983 or 84 a diagnosis of MS was confirmed. Furthermore, Dr. XXX notes that in his opinion, you exhibited early symptoms of relapsing remitting MS in the early 1980's. (This was the nexxus letter that I got. It is true that ALL medical records have been destroyed from the doctor's office, neurologist, and the hospital due to the fact that is was so long ago. Nothing exists for me to go after. Only this one doctor who had treated my back then and that I still know.) "There is no medical evidence showing the date of the confirmed diagnosis of MS. Therefore, service connection for MS is denied since this condition neither occured in nor was caused by service nor manifested to a compensable degree within any applicable presumptive period." (I thought you just had to prove you had symptoms within 7 years after discharge not a confirmed diagnosis. I'm confused.) What is my next step? Thanks everyone for you ideas.

My claim was denied - what do I do next? This are the VA reasons: "Review of your service treatment records were negative for any complaints, treatment, or diagnosis of MS during your military service." (At 18 I didn't even know what MS was, let alone know what any of the symptoms were. If I had any slight symptoms, I would have blown them off. So this doesn't seem very unusual to me.) "Review of the cited treatment records show that you first sought treatment at the VA in 2002, at which time you reported and 18 year history of MS." (I never sought treatment at the VA because I always had private health insurance. Prior to 2002 I had been taking weekly injections of Avonex for quite a few years. When I first went to VA I reported an 18 year history, I had been estimating - the doctor asked, and I said 18 years. I wasn't concerned about being totally accurate, that wasn't important at the time. But 18 years would have been 1984-ish and my 7 year cut off would have been June 84. With private insurance I was paying $225 a month out of pocket just for the injections. Once VA changed some of their income requirements, I could get the injections throught them for $7, up until then my imcome was too high.) Review of the letter from Dr. XXXXX notes that your private medical records from 1977 to 1990 are no longer available. He reported that from 1977 to 1982 you presented several times with numbness that initially was undetermined. He further reports that eventually a diagnosis of MS was suspected in 1983 or 84 a diagnosis of MS was confirmed. Furthermore, Dr. XXX notes that in his opinion, you exhibited early symptoms of relapsing remitting MS in the early 1980's. (This was the nexxus letter that I got. It is true that ALL medical records have been destroyed from the doctor's office, neurologist, and the hospital due to the fact that is was so long ago. Nothing exists for me to go after. Only this one doctor who had treated my back then and that I still know.) "There is no medical evidence showing the date of the confirmed diagnosis of MS. Therefore, service connection for MS is denied since this condition neither occured in nor was caused by service nor manifested to a compensable degree within any applicable presumptive period." (I thought you just had to prove you had symptoms within 7 years after discharge not a confirmed diagnosis. I'm confused.) What is my next step? Thanks everyone for you ideas.

Thank you, Allan. I had no symptoms until I was out of the army. I had has slight symptoms of numbness in hands & legs which I blew off at them time. Hell, I was in my early 20s. They would always go away. My first major symptom was about 6 years after when 1/2 of my body went numb and the doctor put me in the hospital. They ran tests and treated me with steroids. Those symptoms slowly went away. At that time there were no MRIs. The doctor suspected MS. There are no records of that because it was too long ago. I could get a letter from that doctor because I still know him. So any records from the army wouldn't show any symptoms. The "firm" diagnosis came a few years later when I had my first MRI (after the 7 years). But its been too long for those records to be around. Does being treated by VA do me any good? I am being treated at the VA now and for the last 11 years or so, because of the prescription program which is much better than thru my health insurance. Prior to that I made "too" much money to qualify for care at va, but then they changed their rules. I am fortunate that I am still able to work full-time. So it's not looking good for my case, huh? Thanks again for your time.

All records have been destroyed because it was so long ago. I was hospitalized in 1983 with symptoms (half my body went numb) but the hospital does not keep records that long, nor does the doctor's office that I had seen in those early times. I still know the doc and he would probably write a letter because he had suspected MS, but MRIs had not been invented yet and that is they way they diagnose MS now. So there are NO records from that 7 year window in existence. Lost cause, I'm guessing?

With MS there is a 7 year window after discharge for symptoms, since you can have MS symptoms for years before a diagnosis. What is AO presumptive?

I have MS and I was stationed in Germany in 1976-1977. As I am reading about MS and vets, it seems that Agent Orange was the factor if a vet was stationed in VietNam. Those appear to be the vets that are successful in receiving compensation. I don't think I came in contact with Agent Orange because I was in Germany. I received the immunizations of who knows what. I was also gassed a few times in training Do I even bother to apply? How would I answer the question of "how is my disability related to my service in the military"? Are there any other factors that I am unaware of? I've just begun looking into all of this. Thanks-

Thank you all for caring and taking the time to respond. I have already learned a lot so far. 1. The big hurdle I believe is that my husband doesn't remember any symptoms while he was enlisted. So the army medical records probably won't show anything. 2. He was hospitalized about 6 years after he was discharged and had ""major" MS symptoms - but that was in 1983 - and the hospital has destroyed ALL records from back then. (there is a 7 year window that VA allows) We have no records - I think I tossed all insurance records. 3.There was one private doctor that treated him when he had some symptoms in '83 but ALL his office records have also been destroyed because they are so old. I think I would be able to get a letter from that doctor going off of his memory stating that he had discussed some probable symptoms during a visit or two that he had with my husband. (The doctor is an aquaintence of the family that we see ever so often over the years, so it wouldn't like a total stranger coming back to the doctor after 25 years and saying "hey, remember me....." So that would be one letter from one doctor with no medical records to back anything up. Do you really thing he should go ahead an attempt a claim? Solely based on the fact that he was gassed a few times during basic training in '75? Again, I look to your wisdom!

There are no hospital records, They were destroyed because they were so old. The hospital doesn't keep anything forever. The only "proof" he has is the memory of the doctor that treated him after he was discharged. At that time he had very slight MS syptoms - they mostly were ignored because they were so slight at the beginning.

I am trying to help my husband who doesn't have the patience for this. I have learned a lot but no where near what I need to know. We have learned that MS is now considered a service connected disability. My husband was in the Army in Germany in 1975-77. He has MS. He had his first symptoms in 1983. No symptoms while in the service. He was hospitalized in 83/84 because he was numb on 1/2 his body. They treated him with steroids. There were no MRIs back then but the doctor "suspected" MS. Since this was so long ago, I have just found out that the doctor and the hospital's medical records have destroyed the because they were 20+ years old. Army records would show nothing. He had been gased a few times during basic training. Would that be the only link for him or was there something else that we are unware of? Question 1: Is this enough reason to file for compensation?? You would never know from looking at him that he has MS. He has been able to work with no major MS interference. He gets fatigued, his hands and legs are numb/tingly, hands and feet burn most of the time and other things. He has good days and bad. He is on 11 or so meds and Avonex. His last exasberation was about 10 years ago. We have medical insurance, he has a great job, but he has been going to the VA for years because at one time his injections were costing us $250 month (our portion after insurance) and through VA it was under $15. Question 2: He says that since he is in the "va med system" if he ever became disabled he wouldn't have to wait for approval. From what I understand, he would have to apply like anyone else. He thinks since he is relatively healthy he wouldn't qualify. Is this separate from being treated at the hospital? Question 3: Would he qualify for any compensation? I saw somewhere that MS is automatically 30%... that the amount from the tables I've seen that he would be entitled to? Questions 4: We still know the doctor that treated him a couple times after he was discharged and when he was in the hospital. A letter from that doc would be just about the only proof that he has ms symptoms back then. Would that even be enough? Even with no other med records and going pretty much on the doctors memory rather than any written record? How specific would it have to be? How would the doctor be able confirm the time frame that he saw Tom before the 7 year window was up and why would VA believe him?? There really isn't any other "proof" except family members,which I am guessing the VA wouldn't be too keen on accepting as "fact"? Question 5: He has been treated for at least about 10 years by VA docs and has had MRI's done. Will this help his case or make no difference? Question 6: He feels guilty applying for compensation when there is no proof that being gased in basic training has anything to do with his MS - unlike the Gulf vets getting vaccines, anthrax, more biological stuff etc. He knows we are blessed that he is not disabled, and is so grateful for pretty good heath, good job, family, a sales position he loves. It just doesn't seem right to apply to receive any money when there are vets out there that need it more, cannot work and that don't have the private insurance that we have. Especially when they are cutting funding. We feel like were doing something "wrong" or being greedy. I would like to see him apply and if he gets something, it somewhat validates all that he has gone through for the last 23 years. Question 7: Should we do this on our own? Since there aren't any medical records it doesn't seem like it would be too complicated. Letter from the old doctor and would we even need to get anything from his present Neurologist since she works for the VA? What do you all think?? I just started this process and am learning a lot. I appreciate you opinions, imput and suggestions. I'm sure I will have more questions. Thank you -thank you - thank you!