Tomahawk

Well I should find out next week sometime. They closed my case thursday.

Well I called the 800 misinformation number today because I finally got access to my ebenefits site. It showed my claims are all in the decision phase but 1 indicated that my "attention" was needed. So I called the 800 number and the lady stated that it showed all my claims were decided on and being reviewed for accuracy before notification. Im fairly certain after my piss poor C&P exams that Im going to have to appeal. Question 1 is: Do I immediately file a NOD or do I do this request for reconsideration first? Ive never heard of the reconsideration thing before browsing some of the other posts on this board. If I do file the NOD right away, is it better to just go ahead and get a lawyer, or should I try and find a decent VSO? Ive tried using a VSO twice and ended up revoking the POA from both because they were totally worthless in doing anything other than submitting paperwork improperly.

I guess Ill just keep my comments to myself from now on and restrict my posts to questions. Thanks for the help.

It shouldn't take that long if I go to the office and request it be done right now. If they say they cant, then Ill tell them I want to see it right now and copy it myself. Considering I can get a FULL copy of my 2000+ page medical record within 20-30 minutes, it shouldn't take 2--6 months for my cfile

lol Im certain they don't like me. And I researched the name. Kim Nazi does appear to be a real name. I feel sorry for her growing up.

Thanks for the info. Im not gonna request a copy of my C-file until this claim actually gets denied. At that point Ill request a copy and put in my NOD. Im currently waiting the agonizing week to 2 weeks for my verification code for ebenefits. Took me a month to get the crap verified. Anyhow thanks again. I've tried the blue button and all that. It doesnt have anything in it. Nor are any of my vitals listed anywhere

I read somewhere and I cannot find the post now I think Pete was the one who posted, that he was able to download medical records from Myhealthy Vet. Is there something you need to do after yoou do the in person verification in order to view these things? I did the in person verification back in July and still the only thing that gave me access to was the names of my prescriptions and the ability to request refills online. It would be a huge benefit if I could browse my medical records and just print the pages out I need.

Im pessimistic about the lower back strains in service as I never went to the VA for treatment until about 2 years after I was medically discharged. I wasn't aware of actual primary care options available through the VA. I thought because I still hadn't received my service connection that I wasn't eligible for medical care other than emergency. So Im sure the VA would state that it was too many years between the stuff in service and after for it to be related. However there is a plethora of notations in my VA medical records since of me straining my back due to falls that were caused by my foot condition. So for the doctor to state it would be purely speculative to say there is a link just baffles me. Also I have been reading a bunch of former claims and it looks like I may have a leg to stand on for everything. I just need to find a freakin VA doctor to tie it all together. The C&P Doctor stated that my stomach condition and sleep apnea are more likely than not caused by my weight gain since being out of service. Well I have been on meds that all have side effects of weight gain for probably 8 or 9 years. Coupled with my inability to exercise properly due to my SC lower extremity should be enough to prove the weight gain as secondary to SC. So Ill just have to wait out the denial and then find a VA doctor to make the nexus

I've been trying for over a month to get registered for ebenefits. I have gone to the regional office 3 times and brought this up. The first time the guy said he was going to training to learn how to get people into the system and to call him in 2 weeks. I have called probably 4 times and never get a response back. Ive stopped in two other times to drop off paperwork and both times they told me there is only one person who can register me for it, and he was unavailable both times. Is there another way for me to go about getting registered for this?

My claim hasnt been worked yet. Im just preparing for when they do. I got this info by having release of information print up my med records for the month 2 days after I had the exam. So I don't know what they said about my direct service connection. Although judging by claims I have researched the lower back strains I have documented in my SMR arent going to be enough. However I don't see how walking with a limp for 10 years coupled with falls directly caused by my foot condition and making me hurt my back do not aggravate the back condition. Which by CFR is all that is needed to have secondary to granted.

The claim I filed was to get my foot condition rated correctly as bi-lateral flat feet (which I was diagnosed with by the C&P doctor who did my initial C&P exam for my 30%), CRPS/RSD left lower extremety, pes planus, numbness/tingling/swelling of the left leg. That is what my service connection conditions should be. As it sits in the system it is apparently rated as "other foot condition" 30%. I also claimed my back condition as service connected and secondary to my service connected left foot condition. I claimed left hip condition but then retracted that as I only have intermittent issues with that. My hip pops occasionly(maybe once or twice a month) and causes me to fall flat on my face. I claimed right foot pain exacerbated by compensating for my left foot condition. I claimed GERD and esophagitus with hiatal hernia secondary to medications taken for service connected left foot with onset of symptoms while in service. and I claimed sleep apnea as I had documented sleep troubles while in service. However I had no actual diagnosis of the sleep apnea until last year. My whole complaint isn't the doctors inability to find a service connection, rather he took literally 8-10 minutes with me, when I wasnt able to do the bends and crap he wanted me to do he said we were done. They he goes on to cite "partial" medical history leaving out the relevant stuff. For example the numerous times I went to the ER or my PCP because I fell after twisting my ankle or my knee giving out thus causing me extreme back pain, which then finally lead to the MRI of my back. I was treated in service 3 times for lower back strains. As well as twice for knee issues. I have been treated at the VA probably 8-10 times for back complaints. Had 2 MRIs for it 1 in 2006 and one this year. The doctor failed to mention the herniated discs Im being seen for. The fact that I have been in physical therapy for close to 3 years consecutively now. My biggest issue is that they are going to end up basing the entirety of my claim on a less than 10 minute exam that doesn't show my entire medical record being examined. And being as I cannot afford an IMO Im going to be screwed into another 10 year battle. My initial claim was filed when I first got out of service. They "lost" my file 3 times before I finally wised up and got a certified copy of what I submitted in 2001. It then took them 7 years to complete my initial claim and rated me 0% for it. Really? 0% for a condition that had me medically discharged from the service when I in no way wanted out of the service? I had a congressional investigation into my case trying to get the med board stopped. I had letters from my entire chain of command appealing the med board, and in the end it was ruled I had to be discharged as recovery time for a second surgery wasnt in the best interest of the Corps. 0% for a condition that I had 5 surgeries for? That exam lasted the same. All of 10 minutes. So I of course appealed it. At the time I didnt know anything about getting copies of medical records from the VA, or going to release of information or any of that, so I was just blind sided by the ruling. Well I was scheduled for a second C&P after my appeal, and low and behold the doctor ordered MRIs, Bone Scans, took over an hour examining me and talking to me. His report was 12 pages long. 2 years later my appeal was finally decided and I was granted 30%. So Im sure you can understand my frustration with this last C&P and the exam being so short. I knew the minute I was told I could leave it was going to be unfavorable. But the crap they wrote just baffles me. So now Im stuck waiting for the probably 3-4 months for them to send me the paperwork saying in a whole lot more words "get bent". Ill have to appeal. And then spend another God only knows how many years dealing with this. Im 33 years old and am unable to work. And yet Im almost to the point of giving up. I mean I have a friend get out of the navy with nothing really wrong with him. He had some minor knee issues, and sinus problems while on active duty. I told him "make sure you go file and do it now" as soon as he got out. He did so. He got his C&P exam 2 months after he filed. They gave him 40%. 40% disability for knees and sinuses when it does not affect his ability to work at all. They give him this within 4 months time frame. 4 months from time of filing to them calling him, yes CALLLING him, to tell him what he got and that he needed to set up direct deposit. Even he is amazed at it all. And here I am. II struggle to get out of bed some days. I cannot walk without knee braces, ankle braces, shoe inserts, and a cane. And that still isnt enough. I can only walk short distances then I need to stop or my leg gives out. So to answer your question as to what I am trying to do, I am trying to find former cases similar to mine where they quote things like the veterans lay opinion is acceptable. Or where it quotes doctors and that making a direct correlation between 2 disabilities. And statements that refute what these 2 doctors have said about my issues. That way when I do have to file my appeal I can take a whole crap load of contradictory statements, along with medical research papers Im finding about the drugs and correlation between my service connected issues and my non service connected issues. in a hopes that this will be enough at a BVA hearing to force them into giving me the SC or at the very least a proper freakin exam.

Review of medical records: the veteran’s C-file has been reviewed. Medical history: The patient is a 33 year old Caucasian male veteran who presents to C&P today for an esophagus and hiatal hernia examination. The veteran is claiming that his recently diagnosed gastroesophageal reflux disease and esophagitus status post funddoplication surgery are due to nonsteroidal anti-inflammatory medications, namely Naprosyn that he was taking for a left foot condition during his active military enlistment. The patient states that he started to develop symptoms of pyrosis during his military enlistment and was medicated with over the counter antacids. Review of the veteran’s C-file sows on his separation exam he had checked indigestion as a symptom. There are no medical reports of symptoms of pyrosis, or indigestion noted in his service medical records. Review of his CPRS electronic charting notes on a consult that was placed, that he started to develop symptoms of GERD between 20002 and 2003. His first endoscopy procedure was completed earlier this year which documented mild esophagitus and further testing diagnosed him with GERD. He had a treatment course of PPIs that he failed, and as recently as May had fundoplication surgery. Physical examination: He is a 33 year old Caucasian male veteran, alert and oriented x3, in no acute distress. Height 73 inches weight 270 pounds. He appears well nourished. He has no outward signs of anemia. All mucosa is moist and pink. The abdomen is soft. It is obese. It is nontender. No masses, no guarding, no rebound. No signs of bruits. Diagnostic and clinical test: Review of endoscopic reports confirms mild esophagitis, and other testing confirms GERD, and the veteran is post fundoplication surgery. Diagnosis: GERD, post operative fundoplication surgery. Form 2507 requested opinion: It is less likely than not that the veteran’s use of NSAIDs from 1998 to 2003 caused his GERD. NSAIDs are not known to cause GERD however the use of them in individuals with known GERD may contribute to the severity. The veteran also has other factors which would contribute to the severity such as his obesity. First problem with his is my first endoscopy was NOT this year. My only two endoscopies were both last year. One in feb the other in may. Second problem with this is that he never weighed or measured me. If you are going to quote something in a medical exam shouldn’t you actually to the measuring instead of copying it from over 3 months ago which was the last time I was weighed and measured at the VA. Thirdly if actually reviewing my diagnostic tests it would show barret’s esophagitus, hiatel hernia, 3 erosions in my throat, as well as GERDs. Fourth issue While yes I did stop taking NSAIDS in 2003 I was promptly put back on them 4 months later and have continued to be on them. No mention of that? I could complain about the sleep apnea exam as well, I knew that was a shot in the dark. While I do have sleep issues documented in my SMR, and have a letter from my roommate in the marines that I snored and would wake in panic attacks, I really can’t prove medically that I had, or acquired it while on active duty. But it does piss me off that at the end of the exam he claims it is the fact that I am overweight that I have sleep apnea. Especially considering the main reason I am overweight is my inability to be active, and 80% of the meds they have me on list weight gain as a side effect.

I cant get my scanner to work so Im just going to type them out and post it. This was the first doctor I see. Review of medical Files: C-file reviewed. Medical History: 1.) The patient has chronic left leg pain problem. X-Rays of the left knee are normal. He has an RSD-type problem and that could be causing some of his knee pain. He gets aching, pain, stiffness, weakness, and give way. He has had no surgery. 2.) He is using brace and a cane. 3.) He has been disabled, would be limited to kind of sit down work. 4.) Normal daily activity is difficult. 5.) Range of motion of the knee: From 0 to 110 degrees of flexion. 6.) There is pain throughout the range of motion. 7.) According to DeLuca, repetitive use caused him more pain. No range of motion or other change noted. 8.) No flare-ups noted. 9.) The knee is stable. 10.) An X-ray is normal. Final Diagnosis: Left knee strain, left leg pain related to reflex sympathetic dystrophy (RSD). Conclusion: X-Rays of the knee are normal. His knee and leg pain may be more likely than not related to the chronic pain syndrome related to his old surgery on his left foot. This is more likely than not the case. Review of medical records: C-file reviewed. X-rays show a degenerative disk and a spina bifida. Medical History: 1.) The patient had the onset of back pain last several years. Found to have some lumbar disk disease. No surgery has been done. There was a concern it might be due to his altered gait. He has soreness and tenderness across his lumbar spine. 2.) He gets some left leg pain and some numbness and tingling with it. 3.) He is using a cane and multiple braces on his lower extremeties. 4.) He has been disabled since March of 2009 and would be limited to strictly sedentary-type work. 5.) Range of motion of the back: He can flex from 0 to 50 degrees, extend from 0 to 10 degrees, left lateral flex 0 to 10 degrees, right lateral flex 0 to and 10 deggrees, left lateral rotate 0 to 10 degrees, right lateral rotate 0 to 10 degrees. 6.) According to DeLuca, repetitive use caused increasing pain. No other change noted. 7.) Flareups occur with heavy use. 8.) He has tenderness and pain throughout range of motion. 9.) Sensorimotor exam: He has RSD-type findings in his left lower extremity, hypersensitivity to touch, and consequently, some give-way weakness in that left lower extremety. Also straight leg raising causes back pain. Right lower extremity, neurologically, is normal. 10.) No incapacitation. 11.) No x-rays needed. Final diagnosis : Degenerative disk disease, spina bifida, lumbar spine. Conclusion: Having reviewed the record and examination, any relationship of this to his service, left foot, is purely speculative. Review of medical records: C-File reviewed. Medical History: 1.) The patient has postop bunion and claw toes left foot and hammertoes left foot and a bunion right foot. The bunion right foot is not related to the left foot. It is just a bunion. He still has left foot pain and regional pain syndrome related to it. Gets some bunion pain on the right foot. 2.) No surgery done on the right foot. 3.) He wears a brace on the foot, uses a cane to ambulate, and has had surgery on the left foot. 4.) As far as corrective devices, he uses a brace on the left ankle and a cane to ambulate. Therefore he has been disabled. 5.) Examination of the right foot shows bunion. Left foot shows postoperative bunion, hammertoes left foot with hypersensitivity to touch. 6.) There is tenderness over the bunion, generalized ache and pain from his regional pain syndrome, left lower extremity. 7.) He has difficulties, an awkward wide-based gait with standing and walking. 8.) He has some abnormal weightbearing. 9.) Not applicable. 10.) Not applicable. 11.) X-rays not needed. Final Diagnosis: 1.) Postoperative bunion, hammertoes left foot, with regional pain syndrome. 2.) Bunion, right foot. Conclusion: Having reviewed the record the bunion is not related to the left foot. The bunion is just a natural occurring phenomenon on that right foot. Issue number one he refers to my RSD as "RSD - type" WTF is that? I have a confrimed diagnosis of it from my initial C&P exam where they di triple phase bone scans or some shit. It isnt a pain LIKE RSD it IS RSD. Problem number two. He reviewed my mediical file huh? Then why is there no mention of the multiple knee sprains and injuries that are IN my service medical record. Or no mention of my lower back strains that are IN my service medical record. Also NO mention of the 2 herniated discs with focal annular tears that I have and receive epidural injections for. Issue number three how did he get the range of motion degrees? The only thing I was able to do was the forward flexion, which was just barely a forward flexion. Hell I have to squat to pick up my socks and shoes, and almost fall on my face doing that and putting them on. NO mention of the custom orthotics that I have to have made and wear. He claims I have post operative surgery for claw and hammer toes. Really? Where was I at when I was diagnosed and operated on for those conditions? Ive never had either of those issues in my life. As for the right foot bunion, I never claimed that was caused by service connection. I simply stated that over compensating for my left leg issue has put undo stress and pain on my right foot. Ill post the stomach and sleep apnea in a different post as it was 2 different VA doctors and I dont want to make this too long to read,

Berta you are amazing. Thank you very much. I will scan the exams when I get home and post them.

Well Im searching for a medical examiner who will either take payments, or do pro bono work right now. And as of yet I have not actually been denied for my claims. The comments I was quoting was what was on my C&P exam from the doctor. I stopped at release of information 2 days after my C&P exam when I had to go in for my epidural injections and had them print me the passed month's medical records. So Im sure when they actually get around to denying my claim they won't quote anything about my weight. However the doctor didn't list any of these "other" factors than the weight, so Im not sure how I would go about attacking those.

Well considering I already eat poorly based on the fact that I cannot work due to my disability skimping on money from food is not an option. I live off of the disability I now get, and spend my time bouncing between friends and families houses as I cannot afford to get a place of my own. As for getting the VA doctor's to write a nexus it's impossible. I've already asked my PCP, GI Doc, Pain Mgt Doc, and Podiatrist to put in writing what they have all told me in person which was that these things are all likely major factors in my other issues. For whatever reason they wont write it. However I don't see how other cases would not affect my claim. All I need to show is that m condition was caused by my service connection issue, or worsened by it. I have IN my medical records from service symptoms of the issues. I have documented since I got out of service within the 1 year time frame documented symptoms of my issues. I don't understand how an 8 minute exam from a doctor who asked me next to no questions, and barely did any actually examining of me other than to verify there was actual medical issues can simple make a statement that kills mu claim when in any rational human beings mind there is a preponderance of evidence supporting my claim. And while I wouldn't argue the doctor's point that my added weight does aggravate the issues as well, I did not have the added 70-80 lbs when I had the onset of the conditions. So how is it even possible to state that is the cause. It is ridiculous. As for legal mumbo jumbo not cutting. It's all I have to work with right now. And most of the case files I read always cite court cases, and other cases as to the boards decisions on things. So all I can do is submit the research for them and hope for the best. That or just give up and move on.

Is it actually worth printing out all the cases in that are similar to mine and submit them as evidence, or would citing the url I found them at along with the relevant info in them be enough? As it stands the 12 Ive found so far that are very similar to my situation takes up 89 pages at 11 point font. I dont want to print/submit them if it isnt going to be of much help

Thank you very much for the replies. I typed up statements in support of claim that included links to the government drug website that lists known side effects for all the drugs they have given me, and stated how I felt it applied to me. I also listed quite a few links I was able to dig up that showed exactly the opposite of what the doctor wrote in my C&P exam including a grant for secondary to service connection that specifically states "Competent medical evidence reasonably establishes that the Veteran's GERD is caused by NSAIDs prescribed for treatment of the Veteran's service connected left knee disability. On top of that Im hoping the 10 or so findings that grant service connection for back issues related to mine that were granted also help sway the doctors statement that saying mine is related would be "pure speculation" As I found links to over a thousand I only went thru 12 and found that 10 were granted based on similar evidence that I have submitted. My biggest concern is that II am unable to afford an IMO and that is really gonna screw me in the end. but for them to say my issues arent related when there is nothing else that could have caused it is imo ridiculous. From the research I have done there is no way you get degenerative disk disease, and two herniated disks with focal annular tears from age when I am only 33., and that walking with a limp and a cane for 10 years due to a service connected injury doesnt effect it. Anyhow I feel a lot better after doing this research. Thank you all for the help very much

I am referring to looking for similar claims to what I have claimed so I can what the outcomes were and include those in my statement in support of claim. I think I have it figured out how to narrow it down. Thank you though.

Yeah Im using that link now but its taking a lot to wade through stuff that isnt applicable. Basically I got screwed on my C&P exam and Im just looking for cases with similar situations as mine that I can print/quote for the letter Im writing to submit on Friday in support of my claim. I have been told on numerous occasions by VA doctors that the issues I filed a claim for are more likely than not caused or aggravated by my SC, or medications taken for my SC. And in the exam the pretty much flat out say that it isnt due to anything related to my SC or saying that it is would be "purely speculative." For example I have had heartburn very badly since about a year before I got medically discharged. I was told on quite a few occasions it was more than likely from the NSAIDs Ive been on. Yet of course no one who says that TO ME will put it in writing. The C&P doctor states in his report "It is less likely than not that the veteran's use of nsaids from 1998 until present caused his esophogitus and GERDs." Then goes on to say "The veteran has other factors which would contribute to the severity of his conditions such as his weight gain of 70-80 pounds since being released from active duty." Fine I can accept that my weight is AN issue contributing. However the weight gain in and of itself is a known side effecct of 80% of the meds they have given me, not to mention spending over 2 years in various forms of casts and on crutches due to surgeries treating my SC condition. As well as not being able to do ANY type of exercise involving my foot which is my SC issue. Couple that with the fact the the drugs Ive been on have list on government websites KNOWN side effects to be "heartburn" "weight gain" and "gastrointestinal issues" you would think this would be a no brainer. So Im trying to find some old claims that have issues dealing with medications causing issues to be secondary to my SC. Then I have the C&P doc go through exactly how jacked up my back is. I have sustained no injuries to my back other than those incurred while on active duty, and in conjunction will falls I have had due to my foot issue. yet the doctor states "Having reviewed the record and examination, any relationship of this to his service, left foot, is purely speculative." I mean seriously. I can check 30 different websites linked back problems to improper gait caused by foot and knee issues. I have documented back strains in service. And I have documented back injuries caused by falls due to my foot condition. Yet it's a stretch to link the two? Please. Not to mention again half of the meds they give me are known to cause back pain. Which to me would say "Hey he has an bad limp, and takes meds that cause his back pain. Maybe they are linked to his back problems."

Can anyone give me some tips on how to search former VA claims for secondary conditions?

Well I got screwed. I assumed as much about the sleep apnea as I have nothing in my SMR other than "sleep issues". No actual treatment for sleep apnea itself. However the rest totally shocks me. I have documented in my SMR a history of lower back strains. I have documented in my VA medical records a history of lower back injuries resulting from falls caused by my service connected foot issue, and the C&P doctor writes that my herniated disks, degenerative disck disease, spina bifida are the diagnosis, howevver "any relationship of this to his service connected left foot is purely speculative. So Im at a loss for this. It couldn't be more clear the cause of my back issues yet the VA finds a way to say it isnt clear. My knee that frequently gives out on me they are saying is a "left knee strain with pain related to RSD" however he denotes "The knee is stable" How can a knee be considered stable when it gives out on my at least twice a day. Denotes flexion from 0-100 which I have no idea what that means, but aslo states "pain throughout range of motion. He does state "His knee and leg pain may be more likely than not related to the chronic pain syndrome related to surgery on his left foot. This is more likely than not the case." So while this may be a win it sounds to me like he is classifying the issue on something that doesnt really matter. And then my stomach issues which have been diagnosed through 2 endoscopy's as a hiatal hernia, esophagitus, and GERDs is "less likely than not that the veteran's use of NSAIDs from 1998 to present caused his GERDs. NSAIDs are not known to cause GERD however use of them in individuals with known GERD may contribute to severity" So he is saying that taking a medication that the FDAs website indicates is a known contributor to gastrointestinal issues, does not in fact cause or contribute to the cause of GERDs it is only known to exacerbate it. So yet again wording to say that it isnt rerlated to my SC condition even though I have well documented issues with heartburn in my SMR since being on the naprosyn. It just baffles me how they do this crap. I understand the issues of people trying to claim shit that isn't nor should be service connected, but Im a 33 year old who feels like he is 60 and can barely get by on a daily basis due to my SC condition, and they just do everything in their power to make you feel like the shit is all your head. Im tired of the BS.

I did not file it as a NOD. I did my initial claim on my own and it took me 10 years to get it done. So I opted to go through a veterans service rep with the VFW this time, and the guy totally screwed it up. But he filed it as a new claim not a NOD. He even had things in there I wasnt claiming, so I had to go to the regional office, tell them to pull the POA for the service rep and fix the issues with what I was claiming, but I didnt think about changing the foot part to a NOD. Am I able to still do that as my claim still hasnt been completed?

My original claim was filed in 2001. I got my 30% rating for a generic foot condition in August of 2008. I refiled in april of 2009 for an increase for my foot condition as well as for other issues. If/when they decide the claim and if they do give me the 40% for my foot, will they back the extra 10% to 2001 since I filed within 1 year of the 2008 decision, or will it only back date it until 2009 as I think I filed it wrong? Meaning I opened a new claim for the foot along with the other conditions that I had not previously claimed? Or is there something that I can do, i.e. a letter or phone call to make it so they treat the request for the foot condition as a reconsideration instead of a new claim?

So you can receive both VA Disability AND SS disability at the same time?