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georgiapapa

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Everything posted by georgiapapa

  1. Update: I just checked my ebenefits again today and my claim status has changed from "claim received" to "gathering of evidence." In the Updates section, it states "Evidence needed from you, new evidence received. Development letter sent." Also under "What we still need from you" the following notations are shown: "Your attention is needed." "We need evidence showing that the following condition(s) existed from military service to the present time: peripheral neuropapthy, multiple myeloma." Date opened: " April 6, 2012" Due Date: "May 6, 2012" Is it a coincident I received my response back from IRIS on April 6, 2012 and now my ebenefits shows date opened as April 6, 2012? Based on the latest comments on my ebenefits page, it appears they still have not found my evidence I sent to the Atlanta VARO and they want this evidence no later than May 6, 2012. This creates more questions and more anxiety for me. QUESTION: Should I send another copy of my 87 page evidence package to the Atlanta VARO via certified mail again or hand deliver it and have them date stamp every page? NOTE: I do not plan to send anything until I receive and thoroughly read the development letter mentioned on my ebenefits page unless I do not receive the letter before the May 6th due date. In the comments on my ebenefits page, the VA stated they needed evidence showing my multiple myeloma and peripheral neuropathy existed from military service to the present time. I do not have such evidence. My multiple myeloma and peripheral neuropathy were diagnosed almost 40 years after I was discharged. My claim for multiple myeloma is an AO presumptive claim and my claim for peripheral neuropathy is secondary to multiple myeloma so I assume I do not have to provide such evidence. QUESTION: Am I correct in my assumption? Berta, the American Legion is shown as my POA since 1970 but I never recall designating them as my POA and I have not used them recently. However, I will follow your advice and try to reach them tomorrow to see if they can check my C file and see if my evidence is in the file. However, I am inclined to provide the Atlanta VARO with another copy of my evidence if I do not receive something in writing from the Atlanta VARO or American Legion prior to the May 6th due date. Any responses to my questions or additional suggestions would be greatly appreciated. Thanks...Georgiapapa
  2. In October 2011, I submitted an informal claim to the Atlanta VARO for multiple myeloma caused by AO. Multiple myeloma is on the AO presumptive list. In late November 2011 I sent the Atlanta VARO a package via certified mail return receipt required. I received my USPS green card back from the Atlanta VARO showing they signed for the package on December 5, 2011. The package contained 87 pages of my supporting evidence for my multiple myeloma claim and an additional claim of severe bilateral peripheral neuropathy of lower extremities secondary to multiple myeloma. My package contained an evidence list/table of contents, military records showing my service on the ground in Vietnam in 1967 & 1968, statement in support of claim, private medical records including myeloma diagnosis letter from my oncologist, IMO from neurologist stating neuropathy was "more likely than not" caused by my myeloma disease, medical reports, laboratory reports and diagnostic test reports supporting my claims. I realize it will take months if not years for my claim to be processed but I want to make sure the VA has all of the evidence I submitted before they make a decision on my claim. During the past four months, I have constantly checked my ebenefits page for status of my claim. When I checked it on March 27th, it showed claim received in October 2011 but there is no reference to the package of evidence I sent to the Atlanta VARO in November 2011. On March 27th, I sent an IRIS inquiry asking why my evidence was not shown on my ebenefits page. In my IRIS I provided the VA with a detailed itemized list of the 87 pages of evidence in my package. On April 3, 2012, I received the following response from my IRIS inquiry: "We currently do not show receipt of the documentation you sent. This does not mean that it hasn't been received. Our system may not be fully updated at this time. Any piece of information sent to VA via U.S. mail or fax may take up to 75 days processing time to be updated into our system. This is the normal process of all incoming mail or faxes to VA. All evidence and forms submitted must be associated to each claim folder and are processed in the date order they are received, and we have a backlog. Information provided in this inquiry will be made part of your permanent file." The IRIS response I received said I have 21 days to reopen this issue. In their response the VA stated it may take up to 75 days for my evidence to be updated into their system. As of today, it has been 124 days since the Atlanta VARO signed the green card acknowledging receipt of my evidence package. I plan to reopen this issue within the 21 day time limit but I am not sure of what I want to say in my response. I could offer to hand deliver a copy of my package to the Atlanta VARO but I hand delivered another item to the Atlanta VARO in July 2011 regarding an issue not related to my current claims and the Atlanta VARO still says they have no record of ever receiving the item even though I have a copy of the item with their date stamp on it proving I hand delivered the item. If I do hand deliver a copy of my original evidence package, I would want them to date stamp each and every page in the package. I am not sure if they would be willing to date stamp all of the 87 pages. Other than filing an FOIA/PA request to view my file, how can I make sure the VA has all of the evidence I submitted for my current claims. Any suggestions or advice would be appreciated. Thanks...Georgiapapa
  3. Papa, This may seem like a crazy question in response to your question but what about the age of evidence you submitted in your claim? e.g.- Independent Medical Opinion Letters from your private doctor. The VA may say the letter your doctor submitted is over a year old so they are going to disregard it and render a decision based on the opinion of the VA doctor who performed your C&P exam because the VA doctor's opinion is a timely opinion. Another possibility, the VA may require you to go back to your private doctor and request another more recent IMO to be submitted to the VA to replace the original IMO. This could become expensive. Does evidence submitted (such as IMO letters, diagnostic test reports, etc.) ever lose their validity or credibility because the evidence has become outdated due to the VA taking forever to process your claim? I haven't experienced any of the above problems but other hadit members may have experienced some of these problems with their claims. I previously posted a topic concerning the issue of whether or not an IMO ever becomes outdated but I received limited responses to my question. Hopefully some hadit members can shed a little more light on both of our concerns. Georgiapapa
  4. Update: After waiting 8 months for an appointment to view my C-file I decided to follow Deanbirt's advice and cancel my FOIA/PA request at the Atlanta RO. I sent a letter to the Atlanta RO via certified mail on March 12, 2012 advising them I wanted to cancel my FOIA/PA request. They received the letter on March 13th and according to my ebenefits page the FOIA/PA request was cancelled on March 19th. It is amazing how fast the VA works when it comes to closing an issue. Now I only have one claim pending with the Atlanta RO for my multiple myeloma due to exposure from Agent Orange herbicide. I am hoping the cancellation of my FOIA/PA request (which was treated as a claim) will reduce the processing time on my disability claim. My thanks to everyone who provided me with advice. Georgiapapa...
  5. Carlie, I would also pick #2. She definitely was not apologetic in anyway. Based on her comments about the long waiting list, you would expect to see a full waiting room in the audiology clinic. I had the first appointment of the day at 8:30 a.m. There did not appear to be a shortage of personnel in the clinic. One employee checked me in, another employee sat with me while I filled out a questionnaire about my hearing loss, the doctor handled my actual hearing exam and an audiology technician made the molds for my ears. I looked at the sign in list at the front desk as I was leaving at 10:07 a.m.. Only one other veteran had checked in after me. There must have been some last minute appointment cancellations or perhaps they schedule their breaks in between each appointment. Georgiapapa...
  6. Update: After waiting nine months, I finally had my hearing test for hearing aids on March 12th. Severe hearing loss in the left ear and moderate to severe hearing loss in right ear. Almost identical results to my hearing loss C&P in February 2011. I was told I would receive my hearing aids in 4 to 6 weeks. When I told the doctor in the audiology clinic about my nine month wait, she said to consider myself lucky. She advised me they have over 2000 veterans on the waiting list for hearing aids at the Dublin VA Medical Center and they schedule veterans who are service connected for hearing loss (such as myself) before non-service connected veterans. She also said they have just started scheduling non-service connected veterans for appointments who submitted requests in January 2011. This is amazing since the audiology department at the Dublin VAMC just opened in August 2011. I guess the waiting time is different at each VAMC depending on the number of audiologists on hand and the length of the waiting list. Georgiapapa...
  7. I have had three so far. Mine were done on an outpatient basis. The most unpleasant part of the whole process is taking the medicine to flush out your bowels the day before the procedure. My last procedure was March of last year. My procedure started around 9:00 a.m. and was completed by 9:30 a.m. and I was home by 11:00 a.m. I was put to sleep and never felt anything during the procedure. Your gastroenterologist doctor inserts a device up your rectum with a camera and a light on the end of the device so he can look at the lining of your colon and lower intestines. He is looking for anything ususual in your colon such as polyps. The doctor will remove any polyps he finds and send them to a pathologist to see if they are cancerous or benign. I have had polyps removed during all of my exams. Fortunately they have all been benign. Good luck with your procedure. Georgiapapa
  8. Does the VA ever consider an IMO letter submitted by a claimant to be outdated or expired after a certain period of time? Since it is not unusual for the VARO to take months and sometimes years to process a claim, IMO letters submitted by claimants may end up being months or years old by the time the IMO letter is reviewed and considered by the VARO. Would a VARO ever require a claimant to go back to their private doctor who prepared the original IMO letter and obtain another IMO letter with a more recent date even when the reason the IMO letter has become outdated is because the VARO was slow in processing their claim? Thanks...Georgiapapa
  9. Gomatic, I did not think I had a snowball's chance in %#*$ of succeeding in a claim for hearing loss and tinnitus until I found the hadit web site. At the time I filed my claim It had been over 40 years since I was discharged from the Marine Corps and I had worked in civilian law enforcement for almost 30 years after my discharge. I passed a hearing exam to enlist in the Marine Corps and according to the Marine Corps I passed a hearing exam just prior to my discharge. I have had a bilateral high frequency hearing loss and bilateral tinnitus since I was in the Marine Corps due to the exposure of firing 105 mm howitzers in Vietnam without hearing protection. After doing some research and gathering input from some knowledgeable people on the hadit web site, I assembled my evidence and filed my claim using the advice and guidance I received. My MOS was not a problem since I was a field artillery batteryman. My biggest problem was the time that had passed since my discharge. Also, I figured the VA would attribute my hearing loss and tinnitus to my exposure to firearms while employed as a law enforcement officer after my military discharge. I did have a hearing exam by a civilian audiologist in 1978, eight years after my discharge. The 1978 exam indicated I had a bilateral noise induced high frequency hearing loss and tinnitus. The 1978 exam also noted my exposure to artillery in the military. Fortunately I found the same audiologist (now a doctor of audiology) still practicing and had her conduct a new hearing exam on me in 2010. I provided her with my copy of the 1978 exam results. I advised her that I had never fired my weapon in the line of duty while employed as a civilian law enforcement officer and only fired small arms weapons twice a year for firearms qualification. I asked her to provide me with an IMO and I provided her with an example of what is needed in the IMO. She provided the IMO which proved to be the difference in my claim being successful. In the IMO, my audiologist stated my hearing loss and tinnitus were "as likely as not" caused by my exposure to the firing of artillery weapons during my service in the Marine Corps. My military records indicated I had a whisper hearing test just prior to my discharge and the test indicated my hearing was within normal limits. However, during my research I discovered the VA does not recognize the whisper test as a reliable indicator of whether or not an individual has a high frequency hearing loss. According to my VA C&P exam for hearing loss, the audiologist stated it was as likely as not that my tinnitus was caused by my military service. However, the same audiologist stated she was unable to determine the etiology of my hearing loss without speculating. Fortunately the VA deciding official gave me the benefit of the doubt and agreed with the IMO from my private Doctor of Audiology and granted me 10% for hearing loss and 10% for tinnitus. The hearing exam results from the VA's audiologist was almost identical to the hearing exam results from my private audiologist. As part of my evidence for my claim, I also submitted a statement in support of claim from my wife verifying the hearing loss and tinnitus since I was in the Marine Corps and I submitted photos of myself in Vietnam firing the howitzers without wearing hearing protection. I also provided my own statement in support of claim explaining my limited exposure to the firing of weapons (twice a year during qualifications) while employed as a civilian law enforcement officer. I have an audiology consult scheduled for March 12th so I can get hearing aids from the VA. This is something else I did not know I was entitled to until Carlie and others on the hadit web site made me aware of it. I wish you luck on your hearing loss claim. Georgiapapa...
  10. One day after my psychologist made some phone calls on my behalf I received a telephone call from the audiology department at my local VAMC. They set me up with an appointment for March 12th and they apologized for the delay. This is another example of what the VA can do to resolve problems quickly if only they would just make a real effort to do so. Thanks to everyone who offered their assistance. Georgiapapa...
  11. Prior to talking with my psychologist on 2/13/2012, I had telephoned the VA Outpatient Center around the end of January 2012 and left a message for my PCP advising him to please check on the status of my audiology consult. During a previuos mental health appointment, I had completed a form at the front desk of the VA Outpatient Center on December 2, 2011 in which I asked them to check on the status of my audiology consult. The lady at the front desk said she would give this form to my PCP. I assumed they were making an effort to speed up my appointment but since they did not bother to even request a consult until December 28, 2011 I am seriously thinking about requesting a different PCP. Georgiapapa...
  12. It has been three weeks and my patient advocate has not responded to repeated messages I have left on his voice mail. During my mental health appointment yesterday at my local VA outpatient center, I told my psychologist about the problem I was having trying to get an audiology consult since June 14, 2011. I told her this was stressing me out because due to my hearing problems and the fact that my oncologist is a soft spoken gentleman from India, I have trouble understanding him when he is explaining the results of my latest diagnostic tests. My psychologist made some phone calls to some of her contacts at my VAMC and learned that my PCP (PA) did not bother to request a consult until December 28, 2011. She said my PCP dropped the ball and I should have already had an appointment. She told me she would talk with someone at the VAMC and if I did not receive a notice of an appointment within the next couple of weeks, I should file a request for an appointment with an outside audiologist on a fee basis due to the VAMC not providing me with an appointment within a reasonable amount of time. Has anyone ever heard of the VA permitting veterans to go outside the VA for an audiology consult on a fee basis? How does this work and is there a certain form I would have to use to request approval? Thanks...Georgiapapa
  13. Broncovet No apology necessary. I know you were trying to help. As far as I am concerned we have no problems with each other. Our problems are with the VA. I hope you will still give me your input when I have questions in the future. If I can help you in anyway I will. Good luck in your future endeavors with the VA. Georgiapapa...
  14. 71M10 I have no doubt that Broncovet's intention was to help me. It is obvious that he is trying to keep fellow hadit members from making some of the same mistakes he made. Please understand I welcome constructive criticism when the criticism is applicable to the particular situation. I also definitely understand exasperation, as do most hadit members who are fighting with the VA while also trying to deal with their health problems. However, I really think if he had carefully read all of my posts on this topic he may have given a different response and perhaps with a different tone. My intention in responding back to Broncovet was sent as constructive criticism and also meant to help him. I hope Broncovet takes my response this way because I value his opinion as I do many others on this forum. Sincerely Georgiapapa...
  15. T-Bird, Thanks for finding this web site. It is an outstanding site for comprehensive information on the Vietnam war and anything related to the Vietnam war. This site will save hadit members a lot of time when conducting their searches for information on Vietnam related subjects. Georgiapapa...
  16. Broncovet, I do appreciate advice and input from the members of this forum. However, it appears you did not read my posts related to this topic in their entireity. I realize I do not have the vast knowledge of the disability claims process of many here on this forum, especially Berta or Carlie, but this is also not my first claim. I have several medical issues which I believe are service connected but I have been trying to get my ducks in a row before filing a claim for these issues. When I requested an appointment to review my C-file it was to review the information in the file related to a 1968 shoulder injury from a jeep accident in Vietnam. I am currently receiving 10% for this injury and I am gathering new evidence for a request to increase my rating for this injury. My FOIA/PA request had nothing to do with my latest disability claim for Multiple Myeloma. In 2010, I filed a claim for service connected bilateral hearing loss and tinnitus. By following the advice of hadit members such as Berta and Carlie, I won my claim without any appeals in June 2011 and was granted 10% for hearing loss and 10% for tinnitus. In late 2010 I was diagnosed with smoldering multiple myeloma and was advised by fellow hadit members to file a claim without delay. Unfortunately I did not listen to them and I waited several months hoping further testing would determine I had been misdiagnosed. After receiving the results of my last bone marrow biopsy in October 2011, which was worse than previous results, I knew the diagnosis was correct and decided it was time to file a claim. In late October 2011 I filed an informal claim and in late November 2011 I had gathered and organized all of my evidence and submitted my formal claim with evidence to the VARO following the instructions given on this web site. Although the VARO already had copies of my military service records, I resubmitted copies of same along with letters from two different oncologists confirming my diagnosis of multiple myeloma. I also submitted copies of my lab reports supporting the letters from the doctors. You made the following comments in your reponse which may be good advice on most claims involving a condition which is mentioned in a veteran's service medical records ( if you leave out the condescending tone) but really have nothing to do with my particular situation: "if you don't know what is in your file, your claim is likely to be denied." "You should have made that request from the get go, but you probably thought, Gee, the VA is the government and they won't shred or lose my evidence." "A two month delay while the VA does your FOIA is far better than the VA denying your claim because, your SMR's do not show evidence of (condition claimed)......when you have your SMR's and know that they do, in fact, have said evidence." "Bottom Line: If you don't have the time to do it right the first time (with your C file as evidence), WHEN are your going to have time to do it over and appeal it?" According to the information I obtained on this site, the only evidence I need for my claim for multiple myeloma is proof of my service on the ground in Vietnam during the applicable time period and proof of a medical diagnosis of multiple myeloma. In the event you didn't know it, multiple myeloma is one of the diseases listed on the agent orange presumptive list. There is nothing in my Service Medical Records showing anything about multiple myeloma and I can not think of anything in the C-file which would help my multiple myeloma claim other than my service records showing service in Vietnam. NOTE AGAIN: According to the VARO, my latest FOIA/PA request will only allow me to review information submitted prior to October 16, 2011 as stated in my previous post. I did not submit a claim for multiple myeloma until late October 2011. Also, I realize the claims process is a long process. The purpose of my original question was only to find out if I should withdraw my FOIA/PA request to prevent my multiple myeloma claim from being delayed any longer than necessary. I appreciate your input Broncovet because I know you are trying to keep me and other members from making mistakes you made but I would suggest responding to questions without sarcasm or the condescending tone, even to less knowlegeable members. Georgiapapa
  17. My thanks to all of you for your suggestions. I called today and left a message for the patient advocate at VAMC Dublin to call me. Hopefully I will get a faster response from the patient advocate. Georgiapapa...
  18. 71M10.... In late October 2011 I received a letter from the VARO dated October 16, 2011 in response to my request my C-file. The letter stated the following: "VA began searching for your records responsive to your FOIA/PA request on date of this letter. Records that VA may have created or gathered on this subject after this cut off date are not considered to be within the scope of your PA request. Once we receive your file in our Department we will schedule you for a review of your records which you requested on 09-12-11." I interpret the letter as saying I would not be able to see anything received or placed in my C-file after October 16, 2011 as part of my request to view my C-file. So anything in my C-file relating to my latest disability compensation claim, which was filed after October 16th, would not be available for my review including copies of evidence I submitted and documentation created by the VA in response to my claim. If my new claim is denied, It appears I would have to file a second FOIA/PA request after my new disability claim has been closed to make sure everything I submitted was in the file and just hope I would get the second appointment to view my C-file within the one year appeal period. Any new thoughts on my situation. Thanks...Georgiapapa
  19. I was able to get on ebenefits today and Deanbirt is correct. They are showing my request to view my C-file as a "FOIA/Privacy Act Request" and as "Claim Received" on 9/13/11. I actually submitted a written request to view my C-file, hand delivered it to the Atlanta RO, had it date stamped and had them make me a file copy of the request on July 19, 2011. I inquired about the status of my request to view my C-file in September so I guess this is where the September date comes from. Since the VARO is considering my request to view my C-file as a claim, does everyone still have the opinion that I should not withdraw my request to view my C-file. NOTE: Keep in mind I do not need anything from my C-file to support my most recent disability claim for multiple myeloma since I have resubmitted copies of my military service records showing service on the ground in vietnam in 1967 & 1968 and I have submitted my Multiple Myeloma diagnosis letters from my oncologist along with supporting lab documents. Please keep sending me your thoughts so I can make an informed decision. Thanks...Georgiapapa
  20. In early June of 2011 I was service connected for hearing loss. During my C&P exam, the audiologist told me I would benefit from hearing aids. On June 14, 2011 my PCP requested a consult for hearing aids through the audiology department at VAMC Dublin, Georgia. At that time I was told there was a long waiting list for veterans requesting hearing aids. After waiting over seven months I decided to call the audiology department at VAMC Dublin and check on the status of my consult request. I was told that they could not tell me when I might receive an appointment because there were so many veterans ahead of me on the list. When I asked if I could go to another VAMC for an audiology consult, I was told I would not get a consult any faster anywhere else. Is this a normal waiting period for an audiology consult, especially when service connected for hearing loss, or is this an isolated problem only occurring at my VAMC? Any info or suggestions would be appreciated. Thanks...Georgiapapa
  21. Based on comments I have seen on some posts by other members it appears I have unknowingly put some obstacles in my way prior to submitting my latest disability claim. I am concerned that my new disability claim will be delayed or put on hold until the VARO resolves two pending issues I have with the VARO including an appointment request to review my c-file and a request to correct my birthdate in my VA records. . I submitted these requests to the Atlanta VARO in July 2011 but they have not been resolved as of this date. I am concerned that my new disability claim will now be delayed or on hold until the VARO resolves my two previous issues (appointment for c-file review & birthdate correction). I could withdraw my request to review my c-file if this will keep my latest claim from being delayed but the birthdate correction issue has created problems with me accessing myhealthevet and ebenefits. I submitted an informal claim for disability compensation to the Atlanta VARO in October 2011 followed by a formal claim in November 2011 via certified mail. My formal claim package included military records showing service on the ground in Vietnam in 1967 & 1968, letters from two different oncologists verifying my diagnosis of Multiple Myeloma and medical lab reports supporting the doctor's diagnosis. Since Multiple Myeloma is one of the diseases listed on the VA's presumptive list, I do not anticipate problems with service connection of my disease. So far, I received my green card back from the VARO proving receipt of my formal claim package but I have not received any other documentation from the VARO at this time. During my last completed disability claim in 2010, I received a letter from the VA acknowledging they had received my claim about a month after I submitted my formal claim and about two months later I received the "duty to assist" letter from the VA. I have not received either of these with my latest claim. QUESTION: Should I ask the VARO to cancel my request to review my c-file? QUESTION: Should I ask the VARO to cancel my request to correct my birthdate at this time and make a new request after my latest disability claim has been decided? QUESTION: Is there a quick way to get the VA to make a simple correction to a veteran's birthdate? NOTE: The VARO already has my military records with my correct birthdate and I have provided the VAMC and VARO with copies of my DD-214 and drivers license with proof of my correct birthdate. Any suggestions would be appreciated. Thanks...Georgiapapa
  22. Deanbirt, I may be in the same situation you are in. Only time will tell. I submitted a written request to view my C-file back in July 2011 at the Atlanta RO. After waiting 3 months and receiving no reply I called the VA 1-800 number as was told they would check on it. About two weeks later I received a letter from the Atlanta VARO advising I would be scheduled for an appointment to view my file within the near future. I have not heard anymore about my appointment since that time. In late October 2011 I submitted a new disability claim to the Atlanta VARO and followed up with all of my evidence in November 2011. I received a letter from the VARO acknowleging receipt of my claim but I have not received the duty to assist letter or any other documents. After reading Captain Contaminate's reply to you I am now worried that my earlier request to view my c-file may be causing a delay in the processing of my new disability claim. I am thinking about advising the VARO to disregard my request to view my C-file at this time and to process my new claim without delay. I will be following the replies you receive and your progress with the VA. I wish you well. Georgiapapa
  23. I served on the ground in Vietnam in 1967 & 1968. I currently have asymptomatic/smoldering Multiple Myeloma. Multiple Myeloma is one of the diseases listed on the agent orange presumptive list. In reviewing the VA Rating Schedule it appears that anyone with a service connected disease considered to be asymptomatic is rated at 0% service connected. I have been having problems with neuropathy in my extremities for several years which is gradually progressing. My local orthopaedic spine specialist recently conducted several diagnostic tests and concluded that my neuropathy was not caused by spinal stenosis or other orthopaedic problems. I was referred to my local neurologist who also conducted various tests and concluded that my neuropathy was secondary to my smoldering multiple myeloma. At tne end of my appointment with the neurologist I asked him to write me a independent medical opinion. The first letter he provided was not detailed enough to pass muster with the VA so I prepared a proposed letter and included the necessary details required by VA and asked him to sign it if he agreed with the content. His medical assistant typed the letter on the doctor's letterhead and the doctor signed it without making any changes to my proposed letter. In the letter the doctor states "severe symmetrical distal polyneuropathy in his lower extremities that is primarily sensory" and he also stated "Considering every possible sound medical etiology/principle, to at least the 50% level of probability, I am of the opinion that the patient's neuropathy of his lower extremities is more likely than not secondary to his currently diagnosed smoldering multiple myeloma." My neuropathy is chronic not acute or sub-acute as listed on the agent orange presumptive list. QUESTION: Will the VA give a rating for a secondary condition when the service connected primary condition is rated at 0% and considered asymptomatic or should I wait until my Multiple Myeloma becomes active before filing the neuropathy claim? Although I have some of the symptoms of active Multiple Myeloma (e.g- recurrent infections/pneumonia twice in past five years, low back pain, pain in legs, neuropathy, etc.) it appears Multiple Myeloma is not considered active until you have actual tumors or lesions in your bones, kidney problems, anemia and over 30% plasma cells in your bone marrow. According to the VA disability rating schedule, severe neuropathy would be rated at 20% for each leg or maximum total of 30% for both legs. Suggestions and comments would be appreciated. Thanks... Georgiapapa
  24. Hi, I currently have smoldering multiple myeloma. I am a "boots on the ground" Vietnam veteran so I know my multiple myeloma is one of the presumtive diseases caused by agent orange. This message is in regards to a condition which I wish to claim as secondary to multiple myeloma. I also have neuropathy in my lower extremities and my right upper extremity which has increased. As a result, I went to an orthopaedic doctor who conducted MRIs, x-rays, EMG studies, and a CT myelogram of my spine. My EMG study revealed I had "severe , axonal and demyelinating, tibial neuropathy in my right and left lower extremities." The EMG study also revealed I had "moderate, demyelinating, right ulnar neuropathy across the elbow (cubital tunnel syndrome) and moderate, demyelinating, right median neuropathy at the wrist (carpal tunnel syndrome affecting the motor and sensory components." My orthopaedic doctor at first thought I had spinal stenosis but after reviewing the results of the CT meylogram and the other diagnostic tests stated he could not find an orthopaedic cause for my pain and neuropathy and when I asked what is causing it, he said "it is probably your myeloma but we need for you to see a neurologist to make sure." I recently went to a neurologist who conducted a neurological evaluation and reviewed all of my tests. After conducting his evaluation and reviewing my tests, the doctor advised me that I have " a symmetrical distal polyneuropathy that is primarily sensory, slight proprioception problems and a positive Romberg which is effecting my gait. He advised me that he believed my myeloma was the cause of my pain and neuropathy. I asked if he would write me an IMO letter and I provided the sample info for him in the letter. He said he believed his report basically followed the same format but with additional info and that should be all I need. He did not act like he wanted to do anything other than his normal report. I reminded him of using the correct terms such as "more likely than not" or " as likely as not" and he indicated he would. I just received a copy of his report which was thorough but it had what I perceived to be some problems. It was on letterhead but was a copy not an original. It also had the notation "electronically signed" instead of an original signature. In the most important part of the letter where he states the cause of my neuropathy the doctor stated "His neuropathy is most likely secondary to his dysproteinemia/smoldering multiple myeloma." He did not use the language I suggested for the letter. QUESTION: Should I ask him to change the letter and use the term "more likely than not" or is the term "most likely" an acceptable term for the VA? QUESTION: Should I ask for an original of the report or would a copy with an original signature suffice? NOTE: I will definitely advise him that it must have an original signature, electronically signed will not work. Any suggestions would be appreciated. Thanks... Georgiapapa
  25. I was in a jeep accident in Vietnam in 1968 which resulted in the transverse fracture through the anatomical neck of the humerous of my left shoulder. I underwent surgery in a field hospital in Vietnam which left a large ugly ragged deep tissue scar on my left shoulder. Shortly after my discharge from the Marine Corps in 1970, I filed a claim for disability with the VA. The VA service connected my shoulder injury at 0% and I appealed their decision and provided the VA with a photograph of the scar on my shoulder. After I appealed, the VA awarded me 10% disability for residuals of fracture of left shoulder. I appealed the 10% award and underwent an exam by the VA in 1971. During the 1971 VA exam, the examining doctor stated the following in his report: "On examination, there was a 10 and 3/4 inch slighly ragged nonlineal scar running down the anterior left shoulder and into the anterior axilla. The scar was old and well healed and not symptomatic. The veteran could go through all motions with the left shoulder, but it seemed to be somewhat stiff. He complained of pain and tenderness just posterior to the acromioclavicular joint on the left shoulder. X-ray films showed possible minimal cortical irregularity involving the metaphysial region of the left humerus, more apparent in external rotation, compatible with old, healed, remote fracture. The final diagnosis was old fracture, left upper humerus, moderate." My scar runs from under my arm pit and goes completely over the top of my shoulder. Looking at my shoulder from the front it appears that my arm had been ripped off at the shoulder and sewed back on. The scar's width varies in width from about 3/4 inch to over an inch. Because of my scar's ugly appearance I do not go out in public without a shirt on. Even when I go swimming I always wear a t-shirt to cover the scar. I would estimate my scar covers between eight to ten square inches. In the Statement of the Case I received from the VA in 1971, it made the following reference concerning their denial of a rating for my scar: "For a compensable rating to he assigned for scars of the shoulder, there must be poor nourishment with repeated ulceration, tenderness and pain on objective demonstration, or limitation of function of the part affected. (Codes 7803, 7804, 7805)." NOTE: Based on this statement by the VA I felt further appeal for a rating for the scar would be futile. In the Decision paragraph of my final letter from the VA it states the following: "Entitlement to an increased rating for left shoulder disability or to an earlier effective date of the compensable rating for left shoulder disability is not established. Accordingly, thte appeal is denied." In doing some recent research about the scars rating criteria used by the VA, I discovered the VA has changed their scars rating criteria one or more times since my claim in 1970. The most recent rating criteria I could find (Diagnostic code 7801) Burn scar(s) or scar(s) due to other causes, not of the head, face or neck, that are deep and nonlinear and cover at least 6 square inches but less than 12 square inches is entitled to a 10% rating for the scar. Based on this recent criteria, it appears that I would be rated at 10% if rated by the VA under the current criteria. NOTE: Nothing in the VA decision letter from 1971 referenced Diagnostic Code 7801. It appears the VA indicated in their decision letter that my shoulder scar did not meet any VA criteria for them to even consider a compensable rating for my shoulder. QUESTION: Does anyone know if Diagnostic Code 7801 contained the same criteria in 1970 as it does today? QUESTION: If Diagnostic Code 7801 did contain the same criteria in 1970, would I have a basis for a CUE since it appears Diagnostic Code 7801 was not considered in my decision? QUESTION: If the VA used the correct Diagnostic codes and rated my scar appropriately in 1971, would I be successful in asking the VA for a review and reconsideration to now allow a compensable rating for my scar under the current Diagnostic Code 7801 criteria? QUESTION: Should the VA have service connected my shoulder scar and at least awarded a 0% rating so the rating could be increased if the criteria changed in the future? I really feel like I was low balled by the VA when they made the decision about my shoulder but that is water over the dam. I have had other problems with my left shoulder over the years (bursitis, arthritis, torn rotator cuff, etc.) and if I am entitled to any additional compensation for my shoulder I defintely want to file a claim for the additional compensation. Any input or suggestions hadit members can provide would be appreciated. Georgia Papa
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