autumn

i took some non-VA doctor assessments, MRI results, tests to the VA biz office to have them scanned into my medical record a few months ago. i go out there today to add some new documents and checked on whether the previous docs had been scanned into my computer med records. they have not. still sitting in a paper folder on the shelves, supposedly waiting to be scanned in. is this an issue? if so, what is a more efficient way to get them scanned into my med records? when i show them to my VA doctors here they disregard them.

well Larry, what say you? ...

if there is over-whelming objective data to show MS, and the VA, or i'll say this VA, won't go further than to write, "unspecified CNS disease", only by filing a claim that that [might] get them to make a diagnosis and thus get proper & timely treatment(s)? i know, not my original question, but was just wondering

first time in 2009 after the MRIs were positive. it was denied due to lack of med evidence. i didn't realize there was NO information in my c-file. i didn't even know what a c-file was. i thought they looked at my med file. rep that filed NOD is legal folks versed in VA claims. i got all med evidence together for them, they got the records send to the c-file folks and i have reciepts for delivery. why do you ask?

>>If you are just trying to get diagnosed for treatment purposes, then that would certainly help this has and still is the number one priority and always has been. if compensation is justifide, then that is ok with me as i can't work now anyways. i just have some things that need sorted out so i can move on with my life a little better. always seemed simple to me. thank you for your advice and help. i don't feel so "alone in this" after getting feedback here.

no diagnosis yet, though they are ruling other disorders out and recommending i go to a ptsd program here. though the psych said he would have to check to see if i had to have a diagnosis to get in. he was going to recommend me saying he though i would benefit from it. the anger management program helped to some degree. a little help is better than none.

through the navy & va. i'm service connected for depression, "secondary" to chronic pain due to back injury. ptsd may not be a diagnosis for me. though there is certainly anxiety disorders in my case that are clearly associated with organic demyelinating disease. my VA psych recently stated my med history shows it, though he did state he may not be able to diagnose it as ptsd. he said the stressors just with having the disease undiagnosed for so many years and neg dealings with the va can cause my particular anxiety disorder beats me. an accurate diagnosis and treatment for it would suit me versus the yin/yang of the VA dealings

>>I meant what has the VARO stated regarding these IMOs in any SOC they sent to you? i don't have any such statements. if SOC means something about SC claim, i may get something back from them when they make a decsion on the NOD that is in process. >>Have you or your vet rep presented them to the VARO in support of your claim as evidence? Or were they sent in to the VARO after you got the SOC? all supported evidence was put in c-file this year and last for the NOD via my reps. i had a C&P in june. a few days later i recieved the a new set of MRIs showing new spinal lesions(ms) from my non-VA neuro. i sent those to the C&P doctor. his nurse said they would be helpful.

hey Berta & halos2, i answered your questions, if ya have any advice let me know. if not, no big deal, appreciate the time & help.

>>Not Just The Va Experiments With Mental Illness i just chime in here...i have often wondered how much the VA actually "experiments" with/on patients regarding MH issues versus actually trying to correctly diagnose them and treat them. just seems to me the VA has a love affair with MH issues for all things, versus other viable diagnosis. maybe its just me, but i have often wondered that via my own experience with the VA

for me it may not be ptsd. i was just thinking it might be. could be the "red flu from mars" for all i know. what i do know is it has taken 24 years to get the VA to finally recognize the correct neurological disease i've had for 24 years and to quit being wishy/washy about it and denying it. i never have been able to wrap my head around how one gets medically treated correctly when having an incorrect diagnosis or when a doctor won't call it for what it is. and it is the same with my mental anquish over all this and the odd ups/downs over the years dealing with this. now the VA MH dept just keeps telling me to "let it go", "move on", etc, when i bring up this issue. i feel that isn't diagnosing my MH issues correctly thus not treating it adequately. that is the same as they did with denying i had a neurological disease for years. just that in itself, triggers tapes in my head that are frustrating at the least and way too much anger on my shoulders that i want to carry around...but its there. so if isn't ptsd, that is fine. but it is something. and it needs a correct diagnosis thus treatment. if it is honestly "claimable" then i would want that too. that is kinda all i was trying to say. expressing myself doesn't come naturally as it once did and i get tripped up thinking about all this. thanks for the clarification. the post and replies have been helpful, thanks.

i can honestly relate and live some of those items listed, except for #1. though for #1, i've even seen & experienced some those items, though not in a combat zone. #1 seems to me, to be wholely limited to a war zone like scenario, which for me, i wasn't in a combat zone. from that i gather one has to have been in a combat zone to qual for VA PTSD ? unless, "serious injury, or a threat to the physical integrity of self ...", could be applied to my particular situation something is causing a myriad of mental anguishes that started in 1986 and continue to this day, that is all know. thanks for the info, really appreciate it

never said there was one, that is a diagnosis of ptsd stressor for active duty? not sure, that is why i posted my post here. but a few items to list that started while active duty >> spinal injury, csf gets infection, neuro problems start, mis-diagnosis merry-go-round starts, shrink visits for neuro what was neuro issues more than psych issues, csf inflammation, etc i'm just wondering if any of that is a "stressor(nexus)" thanks

that is why i posted, thanks. i never thought too claim ptsd since i thought it was only for combat troops. in the anger management class i saw that wasn't the case. 1. hearing loss & tinnitus was assessed as ["more than likely" due to neurological disease, ms], by VA audiologist. local neuro doesn't see it that way. i don't know why. he answers few questions with an answer. another major head trip/stressor for me. may not be for others, but it really tripps me up. 2. audiology recommended balance training classes. 3. it is in NOD now. i had no idea my c-file was basically empty until after the first denial. it is full now, for the NOD 4. IMO specifics from board cert, local NMSS recommended doctors: -MS, RRMS -chronic pain syndrome -depression -anxiety disorder -insomnia -low back pain -cervical spondylosis c4-4, 5-6 -severe cervical disk degeneration -lumbar degeneration l4-5,5-s1, decreased lordis -severe lumbar disk degeneration -decrease hearing loss -gastrointestinal problems -urinary incontinence-mild -discuss with VA to consider frontline treatment with ABC drug -"...opinion that his current CNS problems very likely represents MS which likely began during service ..." - "...much of his chronic pain and his major depression are likely secondary to his MS" -"...is consistent with the McDonald criteria for the diagnosis of MS" -"...navy neurologist's statements regarding the CSF studies as being incorrect for the following reasons..." i get anxietied writing this stuff. i'm not kidding. thanks

local VA neuro was shown all IMO assessments. he verbally mentioned to me, "they have their right to their opinion". that was it. no record of them in any of his notes. i have shown to my shrink and neuro. neither mention them in notes. i asked them to have them entered in my med recorded. i didn't realize i had to do that. so i did. the neuro did rx a ABC med right after that though. >>Did these IMos comply with the IMO criteria here at hadit? one did, as he is very familiar with VA protocols. the others didn't, as they are not familiar with that, nor am i frankly. >>"SSDI awarded for MS" does VA know that and have they gotten the SSA records? i asked my neuro if he would write something. he never responded, so i took that as "no". called a VA advocate and she said the neuro wasn't required to do so, for me to call my pcp. he didn't respond either. i took the SSDI award papers to VA records and they scanned them in. >>Did any documented symptoms of the MS appear either during your military service or within 7 years after your discharge? without a doubt. the neuro symptoms i was having on active duty are documented via shrink visits. back then that is were they sent me for such things: the balance issues, loss of taste, loss of sensataions, irritability, sleep issues, chronic pain, yep all documented and finally put into my c-file. i didn't know none of the documents were there until after the first claim denial. i took care of that, with the help of the pva when the NOD was filed. suicide appempts, requests for VA help to get to the bottom of MS, all that is written down in VA med records and send to c-file too. >Do your IMOs definitively confirm you have MS? yes, rrms >Did the IMos take into account the VA possibly misdiagnosed you? the one that knows VA protocol, yes. he wrote a few paragraphs about that, and the incorrect diagnostic codes regarding the HNP and major depression, along with MS being the main overlooked culprit >Did they provide a nexus statement and refer to your SMRs and those 7 years after your discharge? the one that knows VA protocol, yes. >Can you scan and post here the reasons and bases they used to discount the IMOS? (cover the personal stuff) no, because neither the neuro or shrink or social worker wrote anything in my records that i had showed them those reports. all i have to show for that is fax receipts that i faxed them to each of them. >If MS is symptomatic =be documentation and medical evidence-at a level of 10% disabling within the first 7 years after discharge there is a presumptive regulation to award SC for it. i'm hoping the VA folks see it that way too. that is, it was and has continued to be symptomatic. it has just been side stepped from day one, so to speak.

>>Do you have a vet rep? yes, for now legal who filed the NOD for MS. pending. for a doctor to state PTSD, that would be a VA doctor yes? i think it unlikely, in my experience, a VA employee would go out on a limb via "Section 1151, 38 USC" for me. just my opinion

chronic medical illness that occured on active duty, along with years of mis-diagnosis and the stress those two can bring about.

my question is at the bottom after the background info. sorry, i know its long. this uphill VA battle is like a broken record, hope you understand [a little background] active duty 1986: -back injury -surgery scheduled -LP#1 shows CSF infection -surgery canceled -neuro issues start -sent to shrink for neuro issues -LP#2 shows evidence of MS + csf infection -LP#3 shows evidence of MS & CSF infection going down -still seeing shrink for neuro issues -navy neuro writes LP tests/MS were false neg -hon-med discharged: 20% HNP lower back, 10% major depression secondary to chronic pain civilian 1987: -in VA system -divorce -end up on the street, less than a year -drinking increases -try to quit medicines and drinking, 2 suicide attempts then -many times asked the VA to redo the Navy LP tests to rule out MS -still having those weird neuro exacerbations, though no diagnosis for it -VA lists me as major depressed, depressed with psychotic-tendencies, bi-polar, and a few other weird labels -i believed the VA diagnosis versus what my body was/is telling me -i start to think i'm really nuts, and really start to withdraw, little trust in most people -stopped drinking in 1990 -neuro relapses getting more frequent and lasting longer -severe hearing loss with ringing in ears. VA gives me hearing aids -VA still denies MS, won't adequately test for it, puts blame on everything but a neuro disease: i.e., drinking, smoking, mini-strokes maybe, migraines, and all those weird MH labels, etc -move to different city, and VA reluctantly agrees to MRI for MS: if something shows, they'll do a LP -MRIs return "dawsons fingers, demyelinating disease in brain", LP positive for MS -start getting IMO's from board cert'd MS neuros and neurosurgeons. all return assessment with MS -VA finally agrees to ABC drug, but only after IMO reports, though the VA discounted all IMO's -attend VA anger management classes due to i can't really handle all this any more -get scared and angry just going to the VA. -MRIs a year later show new lesions on spine from IMO requested MRIs. VA discounted those -filed appeals claim for MS, had C&P for MS, waiting on decision -SSDI awarded for MS, etc. tried working but i just can't hang (pain & irritability) -now the VA says there is no evidence of bi-polar or psycho whatever. symptoms likely due to demyelinating disease. i told them that for 23+ years! -no doubt i'm depressed/anxietied in some way, at the least due to MS symptoms, etc -no doubt i'm anxietied in some way, at the least due to mis-diagnosis/labeled over the years from VA med care just looking for a little practical guidance regarding a ptsd claim or maybe a MH claim. the above is all documented in mil med records and va med records and IMO med records. i looked at tbird's link, "Ptsd - Check This Before Posting Your Question It May Have Already Been Answered!" and i think i meet a stressor or two that is acceptable to VA? i don't know, i put it out here to seek some answers. i sure can't get any from the VA that i can wrap my head around. question: i feel like i have some form of ptsd, though non-combat related. i want to file a claim for ptsd. with the above history, is that what i should file for? tia, autumnleaves

many thanks for the insight. 1). yes that is true 2). a NOD has been filed 3). a DRO review has been requested 4). haven't gotten there 5). haven't gotten there 6). haven't gotten there the attorney did the above. i did as much as i could do. for whatever reason, the local pva and i never got off to a good start. i called national pva to request i see another pva rep and they said no, the one here had to do it. i showed him the same docs i showed everyone else. he said none of that mattered. kinda took up for the VA when i mentioned the VA made a mistake. the legal team took the case with the same documentation. two independent specialists have diagnosed me and strongly urged me to get on a DMD treatment and to tell the VA that. The VA just won't commit to the MS "term", they call it "unspecified something or other". limboland is what it is called. the legal team is very respectful. even said i could drop them and go with the pva and they would forward all the data they have. just let them know before things get too deep. so i don't get the feeling they want to rake me. ================================================= 1. With the help of a VSO, such as PVA, I would file a NOD. This absolutely needs to be done within 1 year of your RO decision. No matter who represents you, or if you represent yourself, or are represented by a lawyer. 2. I would ask for a DRO review (or DRO hearing, personally I recommend a DRO review as it is much faster than a DRO hearing..hearings take much longer.) Still no lawyer needed, IMHO. 3. If you are unsuccessful at the DRO level, and get denied again, I would again file a NOD within a year, and this time ask for a BVA appeal. Still really no lawyer needed at the BVA level, IMHO. 4. If you are unsuccessful at a BVA appeal, imho, now is the time to get a lawyer, that is, to appeal to the CAVC. 5. If unsuccessful at the CAVC level, you definately need a lawyer at the Federal court level. 6. Altho almost no appeals go past this, the last appeal is an appeal to the US supreme court. You have about a zero chance of your case ever being heard at the US supreme court level pro se.

http://murray.senate.gov/news.cfm?id=270533

i learned about the 7 year rule from a PVA friend last year. symptoms and CSF tests were positive and documented while on active duty. i don't think they had MRIs back then for brain imagining. i was being PEB'd at the time due to herinations in spine. just prior to surgery in san diego is when they saw the CSF positive. they discharged me honorably/med and said the VA would pick it up from there. they never did until 23 years later no matter how many times i brought it up. of course the VA medically labeled me all kinds of weird names. only one thing accounts for 99% of my symptoms and all tests point there. i didn't realize that about Gulf War vets but i'm not surprized. i have read some things about what researchers thinks causes MS and chemical exposure is one, as is CSF infections, which is what i had. i'll look up her name and see what she says

thanks for the clarification on SMC, i'll keep that in mind >>focus on getting your MS SC since it developed within 7 years it is supposed to be granted SC if they are denying your claim then they are just flat wrong it certainly did develop while on active duty. med docs show it. i will work on the MS SC as priority. i'm going with the attorney group for this. they are the only one's who seem to be in my corner now and they have the expertise - which i don't. thanks all & good luck to you all also

the lawyer said the same about the VA and stonewalling. i don't think i have the ability to write and research and etc. due to my condition either. some days on and some days/weeks off. ya just never know with this sort of thing. i had no idea i was so naive about the VA, boy, how dumb could i have been. what is "SMC thing"?

thanks for the clarification of NOVA ... i emailed him, Mr Scott, before i signed with them. his positive response was the deciding factor since i had no experience with such things back then. >>good luck on your claim one question did your symptoms of MS show up within 7 years of discharge? thanks. yes it did. the independent medical specialist went through my mil med records and va records and wrote that conclusion. if fact, wrote that i got it while on active duty when my csf became infected prior to back surgery. he also noted my many visits to doctors then for neuro symptoms, although the navy didn't connect the dots back then.

yes, it was filed too fast and was denied. at the time, i didn't realize a "c-file" existed and there wasn't much in it. i thought they read one's medical records. so it got denied. when it became more and more evident from testing that MS is the issue and has been for years, and i saw an effort on the VAs part to sweep it under the carpet, so to speak, i found this forum out of frustration. i saw where veterans had used attorney's that were there to help the veteran and LH4V was mention a few times and was listed on the vawatchdog.org site. other legal firms never returned calls or were too negative about my situation or flat just wouldn't take it. LH4V, for whatever reason, was more positive in helping me and i signed a POA with them, and they filed the NOD. I don't know much about NOVA but LH4V has some pretty good credentials too regarding experience and knowledge. I did look up NOVA on the net, I didn't see a whole lot of difference between the two firms. Some days my nerves are ok and others not so good and i guess they get the best of me because i just don't want to get screwed again. I think, that LH4V has more of an incentive to help me than say other orgs.