SamNezzer

Thank you all again. I am really shocked and upset mostly that something is wrong with me that could have been treated or avoided further damage so many years ago. We have a PPO that's expensive, but so far worth it when I don't need to get referrals for specialists, so I am using it. I talked to the DAV and 10 years ago I claimed all symptoms because I had no diagnosis (which I still don't really), but have been treated medically for those symptoms over the past 10 years. The chronic UTI's were medicated nearly monthly for the past 10 years and I had surgery on my bladder the Thanksgiving before last. Still no diagnosis, but the symptoms are always treated. Same with my back problems currently. They have been documented in my C&P exams and then every few years they get worse and I get private Physical Therapy, but now they are realizing that it is neurological and might be something more serious. The real problem with my active duty medical record is that I was only in for a year (including boot camp) and my feet were such a problem that every visit to the doctor was for something and also a follow up for my feet, so it is minimal information about the other ailments and I of coures never followed up more often because I was waiting for a decision about my feet and on medical hold worried that I would be discharged. Hopefully, my new claims will be effective and I am certainly more aware of the standard discrepencies because of this site. Thanks again

This is mostly retorical, but I am curious how the VA can retroactive a decision in their favor to our discharge date, yet when we find a SC issue years later, they don't have to pay, but from the date we filed the claim??!! How does that work?! It's not like the issue went away, really it got worse and they didn't offer help or foresight before, so compensation should start when we left the military. Again, how can this be!!!

Thanks again! About the blood work, I'm not sure. It's been nearly 10 years and I have no clue, but I found a box in the garage of my medical records and such from the time I was fighting them and I requested a copy of my claim yesterday, so depending on how long they take to respond, hopefully I can soon fill in the pieces. I also got through to the DAV today and got great information. I am going to the ER on Sunday (I like that doctor and his office is 35 miles from me, or I can see him on Sunday's at ER), anyway, the DAV told me to bring him my records pertaining to the other denied issues I am dealing with in my neck and head and have him write in my chart that those symptoms are directly connected to the issue I am having now. I am going to have to see another doctor at a real appointment after this, but I know this guy and would rather have him write it in, and then see a new guy, then trust that a new doctor is going to do what I ask. I am still debating about seeing the VA even about the 0% issues because the DVA said they won't make any statements in my favor, but I was thinking that if I could get them to take X-rays of my feet and do blood work, that they can't lie about those facts (am I naive or what)?! Thanks again I am not sure how to add information to my profile, or what some of those things mean (warn?), but my email is SamNezzer@adelphia.net

Again, thank you all for your continued responses and assistance. I know this is all second hand to most of you and my questions are very old news. So now for more questions. I don't understand all the abreviations, what is DIC, COLA and IMO. Also, John, you mentioned that "the VA will not volunteer Opinions", what do you mean? They will treat me and write all of this down in my chart, right? Will that have any leverage in my claim? Also, I did have a C/P exam, but I just went to the doctor and he looked at me, at my feet, touched my elbow and are, did a once over, then sent me for a hearing test and some blood work and I was done. The blood work wasn't back in time for the denial letter, as it states and the exam was a day or two before my denial letter was dated. I have a copy of the C/P exam and it talks about his visual once over and that I appear fine. I remember complaining about it all, especially the arm because my fingers were going numb and I had just had a baby in December of 1996, so it was worrying me that I would drop him. No X-Rays were taken. Alright, so how do I get a good C/P examiner? Is that just the luck of the draw? I was thinking the exact same thing, that I would make my appointment for the anemia blood work and my feet, to get an X-Ray, and my grandmother suggested going to the ER for my back. I was concerned that they would charge me $50 for each visit not relating to my SC issues because that is the co-pay for 0% (of course if I had my original 10%, it would be $15). Someone else suggested going to all private (as I've been) and submitting their reports as evidence. I am attempting to complete the online application today and I can make an appointment to get a Primary Care doc now while this goes through. The form requires a lot of last years tax information and we haven't started our taxes yet, so I will need to get to looking at them before I can submit our income and expenses. Thanks again for the support, this is all really upsetting and I am more upset that I started it way back then when I was clueless and really screwed myself because I would still have my 10% and as these new issues arose, I could be getting treatment for less. B)

I was an EM3 paygrade E-4. So, I should go to a private doctor and not the VA for diagnosis and treatment first? I have insurance and it's a PPO, but it is semi-costly (although who's isn't). I was thinking I should go to the VA for my service connected issues and have them Xray my feet and do blood work to start and then mention the neck and back. Is that a bad idea? Because I was reduced to 0%, I have a co-pay at the VA for non-service connected disabilities of $50 instead of $15. I was hoping to start using the VA clinic for my health care rather than our insurance because we have a $300 deductable and then pay between 10-20% after that is met, plus $35 for prescriptions, whereas the VA charges $8. Do I need to wait until this is resolved? What form do I use to file for an increase? I am trying to find a Service Organization to represent me, but all the links from the DVA website and expired and their phone system is too busy to take calls right now. Thanks again for all your input, I am researching as much as I can for as long as I can sit at the computer. I'm in a lot of pain currently, so I really need to get some treatment going, but didn't want to pay so much for it. B) Thanks again

That was my problem understanding it too. I don't understand how they could kick me out of the military because I couldn't walk on metal decks with steal shanks in my boots with this condition, so I was told I would be discharged and given a lump sum. I was then advised to file a claim when I was officially discharged, as I did and then I was punished for doing this by reducing my disability %. I appointed the American Legion back then and never recinded it or have heard from them after I just left this all alone in 1997; does the POA still apply? They didn't seem to be much help then and they were in the same building as the DAV. Now, I was asked to supply the 21-526 initially and then two times later, including again after the official denial letter in 4/1997. That is when I finally gave up and quit! So is there a form to fill out to request my 0% to be returned to 10% or increased further? and do I need to fill out a form to supply more medical evidence for the other claims? LASTLY, I am currently seeking medical treatment for my neck during this whole process, how can I submit a claim for it, if I am collecting new evidence weekly? I am trying to get in at the VA to seek treatment, as I was told I have a torn rotator as well and need surgery, but presently need Physical Therapy immediately and chiropractic care. I am currently exhausted all the time and presently having serious issues with this numbness in my extremities and muscle spasms to the point that I have been to the ER2 in the past 10 days and a chiropractor every other day and live on pain killers, muscle relaxers, sleeping pills, nerve medicine and naproxsin. I am just 30 and have now been told I am going to get worse and need to slow this process with therapy and pain management. Not fun to hear for a mother of two small children (9 and 2 years old). I had hoped to live out 70 more years of running on the beach and traveling the world, not living on pain pills and sleeping pills and not moving without pain. Thank you again, and I can't ever thank you guys enough! I am and was so frustrated and thought I was just insane with this logic and didn't know what to do or how to appeal such an absurd decision based on "no information" or "not yet reviewed results".

I was in the Navy's Nuclear Program. There is no evidence about my neck or the arthritis in my service record, just the numbness in my fingers, which has persisted for 10 years and I was in the ER last week because of back pain and the numbness and was told it is from a nerve being pinched in my T1 C7 vertebrae in my neck. An Xray shows the arthritus, but not how long I've had it or what caused it. The service record shows a symptom of my neck problems, which is the numbness, and I claimed for that in the beginning, but was denied and didn't realize until now that it is from my neck. My actual letter states: “We made a decision on your compensation claim. What we decided We agree that the conditions listed below are service-connected. Each one is less than 10% disabling: 1. Plantar Fascitis and flat feet 2. Iron deficient anemia The law says VA can’t pay for disabilities that are less than 10% disabling. We did not find your claim for the following condition to be well grounded. 1. Heart murmur 2. Urinary tract infection 3. Ear infection 4. Chest pains 5. Allergies 6. Left wrist condition 7. Miscarriage 8. Rashes How We Made Our Decision We carefully considered all the evidence we received. We have attached a copy of the Rating Decision. It shows the evidence we used and the reasons for our decision. If You Need Medical Care You can receive free medical care for any service-connected disability. You can apply for treatment at the nearest VA medical center. Take a copy of this letter with you. If You Think We’re Wrong Blah, blah, blah… If You Have Questions Blah, blah, blah… Sincerely yours, In the Rating Decision attached to their letter under the Reasons and Bases it states: “Service connection for plantar fasciitis and flat feet has been established as directly related to military service. This condition is evaluated as 0% disabling from 12/13/1995, the day following separation from service as a claim for benefits was received within a year of separation from service. A noncompensable evaluation is assigned in the absence of moderate symptoms associated with foot injury. The service medical records shows complaints and treatment for foot pain since boot camp. Plantar fasciitis was diagnosed during service and there was no resolution of this condition with shoe inserts, non-steroidal anti-inflammatory medications, stretching and physical therapy. A Physical Evaluation Board convened to consider the veteran’s case and it was determined that she was unfit for duty due to the plantar fasciitis. The enlistment physical examination dated 8/31/1994 noted normal arch of the feet and no foot disabilities. Mild pes planus was diagnosed by the Medical Board report dated 9/5/1995 as evidence by an X-ray study which also noted no bony changes. The VA exam described the veteran’s feet as having no tenderness over the Achilles tendons nor any tenderness over the plantar surface of the foot. There was no evidence of plantar warts or calluses. Plantar flexion and dorsiflexion of the feet were intact.” For the Anemia an exerpt states: "The VA exam noted this condition by history, showing that this condtion has been nonresponsive to oral iron supplements, and ordered a complete blood cell count and differential study. The results of those studies were NOT available for review and will be requested for consideration." It then goes into the Heart Murmur: "The VA exam observed a grade II of VI systolic ejection-type murmur without radiation over the base of the heart in the pulmonic area." Then the UTI's; the ear infections (which were "primarily associated with allergies and upper respiratory infections"); chest pains located on the left side with some radiation to the back and shoulders ("This condition was not noted on the VA exam."); "no evidence of a chronic condition" with allergies; "history of symptomatic paresthesias with prolonged use of the hands" for my left wrist condition in which my 4th adn 5th digits go numb; the miscarriage; and rashes noted as possible scabetic rashes, but no active evidence. That was the end of my denial letter and no further comments that I would get more finalized results regarding the conditions that weren't addressed in the VA exam or the test results they were waiting for. So, from all the information I have gathered from you guys I need to get a copy of my claim file and medical records and reopen my claim. However, I still have pain when I walk too much or don’t wear shoes with high arches and no X-ray was taken at my VA exam. I have not sought further treatment at the VA since then. I was awarded $2,112 and a 10% rating on 10/27/1995 and sent Home Awaiting Orders, then discharged on 12/12/1995. My Denial letter from the DVA was dated 4/16/1997. The evidence was my service medical records, two VA exams and two private doctor's records. There were no records on file from the Navy Hospital I was in, although I had copies of these records and they were only regarding my Miscarriage. What forms do I use? Are they available on this site? I have a VA Form 21-526 dated October 1993, has it been updated and is this the form I need to submit? Do I need to rehire a Power of Attorney and who? THANK YOU

Thanks so much for replying. I really don't understand all the technical terms and will do the requesting of VA claim and medical records (I had all the records while I filed the claim, so just need the new ones), although I can barely read and understand the doctor's writing. I was awarded 10% disability for bilateral plantar facitis, although I am not sure how they can minimize it to 0% if it was given 10% and I was medically discharged. I don't know much about the condition other than that I am to take anti inflamitories and buy supportive shoes and deal with it for life. I was under the impression that it was permanent, therefore, I don't get how it can change for the better. As far as the errors, my assumption was that their statements that they didn't have any notes from the VA exam and that certain VA tests were not available for review and they would be requested for consideration, make me believe that the report wasn't finalized. There was no neck injury, but I am now finding out that the nerves that were responsible for the problems in my arm and fingers are in my neck and have recent (2 weeks old) Xrays of Phase 2 Osteo Arthritis in my neck, which produces symptoms in my arm and hand that were recorded during my time in service. It also is possible that it can account for a lowered immunie system, as well as, the rashes, migraines and other such problems. These are all symptoms and not really conditions (I don't know the difference with their wording, if any). The only thing retro I am really angry about is the feet and the lowered disability, as well as the fact that they might have figured this out 9 years ago and I could have prevented much of this as well as the laps of jobs I had to quit each time I got pregnant and had to recoup for years after before attempting to go back to work again. I guess I am just frustrated that this is all coming up now and I wasn't given the attention then (but Life isn't fair is it) and that they can deduce that I am 0% instead of 10% and make that effective retro and we can't get retro. Again, that is just not fair, but that's government isn't it?! As far as reopening my claim, I am assuming I need to do that ASAP and so I am also curious since the inital final report didn't respond to several issues because they weren't in the VA examiner's report, does that count as NEW evidence? To recap, I need to: get medical records get VA Claim file File to reopen my claim? Now will I still list it under the same conditions as before, or claim my neck condition rather than my arm? I guess what I mean is, file a new claim, or reopen my previous claim? I am kicking myself in the butt because I didn't stick to fightin in 1998, since the one year period has now expired and from what my grandfather has told me, if I win a claim it will be retroactive from this filing date and not 12/13/1995, so I will loose more than 10 years of compensation. I am currently seeking treatment and diagnosis of my neck and arms and back and will be going to the VA for most treatment or my private doctors. Will they reimburse my VA co-pays if I win the claim? Also, is there anything I should be mentioning at the doctor's? Either VA or private? Thanks again so much.

I posted this somewhere else and am not sure about all the jargon, or initials or really how to get around this site yet, and I can't sit at the computer too long, my back hurts and feet go numb (literally). I don't want to post a ton of information if this is not where I need to be, so let me sum up: I enlisted 12/6/1994 and was medically discharged 12/12/1995 with a 10% disability and given a lump sum of $2,112 for Bilateral Plantar Facitis. I Filed a claim upon leaving the military (as I was told) moved to California and assigned the American Legion reps to handle my stuff. On 4/16/1997 I was denied all other claims (I submitted 10 in all) except Anemia and given 0% for that and my original disability was dropped to 0% as well. I appealed and received a letter on 9/30/1997 to submit another form 21-526 which I had originally used in the first place on 11/24/1995 and 8/26/1996. I have no records or recolection after that and basically gave up because I didn't have new information and my marriage was going sour. I never heard back from the American Legion (they weren't very helpful to begin with). Nearly 10 years later, I am having some serious nerve damage in my neck which shows up in my arms as loss of sensation (one of my original claims that was denied). I've discovered that I have osteo arthritis in my neck and many of the 10 things I originally claimed are connected symptoms. I also claimed chronic UTI's and recently had to have a sling placed over my bladder for this issue in November of 2004. My grandfather, Conrad Holsomback, told me about this site and to reopen my claim. I know this isn't short, but my main questions are: 1-How can they reduce a % that was the cause to kick me out of the military and I was told is not reversable? I have to pay a higher co-pay if I am less that 10%. 2-Is there anyway to get my claim retroactive or do I really have to start all over? 3-How can they start paying from the date the claim is filed, yet when they dropped my % they made it retroactive to the day I was discharged? 4-In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"; "the VA exam noted this condition by history only"; "this condition was not noted on the VA exam"; reports three episodes during April, July and September 1995, but "there is no evidence of chronic condition" and finally with my current issues "the diagnosis showed a history of symptomatic paresthesias with prolonged use of the hands" How is that any basis for an answer and how can I appeal this now, nearly 9 years later? I really need help and am furious that I didn't stick this out before, but I was nearly 22 and had other issues to deal with. I still have issues, but this is now a persistent problem and I am so frustrated that they treat people like this when they are unknowing of how to "use" the system. I didn't pursue it because I didn't have any new evidence and they didn't use the evidence they got or search for the problem that related to the symptom. I claimed for a heart murmur they found while in; chronic UTI's that still persist enough to have had surgery 11/2004; chronic ear infections; chest pains (I think these are related to my current problem); allergies (these are a big time problem now); nerve damage in my Left wrist (major issue); a misscarriage; and rashes (still persistent). I mentioned above they were all denied but the original feet thing (although it was decreased) and Anemia. Now I think many are symptamatic to my neck and I have blood tests that say I have rhumatoid arthritis as well, but I am not sure where, as I have knee (previous condition from prior military) and wrist issues. I am currently in a lot of pain and loosing my mobility and dealing with other things. I am mostly angry and how I was dooped with my original claim and want to see if they can really get away with that and just grant me what they grant me from this point forward or if the insufficient information they provided can be cause for a mis- something on their part and make my claims retroactive to 12/13/1995. PLEASE HELP DIRECT ME I am going to the VA clinic tomorrow to get re-registered and see if I can get in for my "non-service connnected" ailments. THANK YOU