Presumptive Period

[Steppenwolf]

During my exit exam the doctor ( i knew this doctor better than most vets know the exit exam doctors ) told me that i had a mild case of prostatitis. He told me that if he wrote down that i had prostatitis that i wouldn't get out of the service on my due date. He went on to say that they will not release me until the problem cleared and that this kind of problem can persist a long time. He advised me to go to a VA hospital as soon as I got out; that i had a year to discover it and other problems that would be the same as if i was still in the army. He called it a presumptive period. He then Rx' some antibiotics and sulfer meds for me "for a cold" so the meds would work on the prostatitis and i could get my european discharge. i liked this doctor and thought his advice was good.

Sure enough i went to a VA hospital after returning to the states and was Dx'd with what was no a sever case of the condition. That VA in Miami Rx'd a major dose of antibiotics which i had an allergic reaction to. The Miami VA was too far to travel back to since i was in terrible pain, my liver was swolling and i was throwing up and faint. i went to my parents doctor who wanted to put me in the hospital immediately. i told him that i didn't have medical insurance and that i needed to use the VA. He called the VA and spoke with the urologist who treated me and told him that in his opinion i need to be hospitlaized and checked out for hepatits while i was in the hospital. They agreed on the phone but by the time i got back to my parents house the VA had called and asked me to call them back. The doctor asked about the color of my stool and a few other questions then suggested that i simpley stop taking the meds and drink lots of cranberry juice. If i didn't feel better in a couple of days to have someone drive me in.

Of course very little of this "conversation" can be proven. To make matters worse the Miami VA convieniantly lost my records and with in a month the doctor who saw me was gone. The other urologist who saw me didn't recall anything.

All of this happened with-in 3 months of ETSing.

What i have is a limited copy of my records from the VA that they gave me while i was there, and appointment card that was stamped, a post card notifying me of my follow up appointment and the private doctors records.

i have heard conflicting interpretations about this so called "prsumptive period" and how it works. It seems that my friend the exiting exam doctor may have been wrong about "being the same as if you were dx'd in the service" but i am not sure.

i have a few other questions about the private doctors records and 5 letters that he wrote for me over the years that i should probably post seperatly.

Thanks for your feedback

[Berta]

Steppenwolf-that was my point-

Most of us have to practically become medical and legal 'experts' -for our claims to succeed-

As my signature says- Chief Osceola , in the face of overwhelming force-reminded his people (as any good military leader would ) that his people had the same weaponry as the Army did-and this enhanced their morale and they rallied quickly to fight again-

we have the same regs (aka guns)that the VA has-

I think the regs are almost perfect-

because we all need a framework that our evidence has to fit in-

we have the same access to M21-1 and the C & P exam blanks as they do-as a matter of fact the VA web site has all the regs there and an abundance of information-

http://www.va.gov/

I am sure you have gotten your SMRs (Service Medical Records)but it might not hurt to ask the VA for another copy of your VA medical records.

The c file is not the medical file- it is the "claims" file-

Most claimants end up getting the SMRs, the VA med recs, any private med recs that could help their claim, and also a copy of their C file.

The letters from your private doctors -if VA has not rejected them as evidence yet- could perhaps hold the keys to service connection for you-

It doesn't help to allow VA matters to overwhelm us (yeah right-at times it all overwhelmes me-I should talk)

but my point is-

it often pays to just sit back, and put it down, and then try to think about it all in a new way.

I won claims over a decade ago.

I didnt even want to file a AO claim.

I didnt want to look at those records ever again.

My daughter insisted for months to see if there was a potential for what she believed was dad's true condition.

She reminding me over again of the last statement in the prior Sec 1151 award letter.

We know that award letter's wording by heart-it is chilling.

After many years I opened up those old claims files and the med recs.

All of a sudden what she said I would find was there-

Two real doctors agreed with her-

I re-opened the claim and intend to succeed on it.

A new look- from even a different perspective-or at least a few days away from it all-

can do wonders to help assess and even discover for the first time-the documented evidence you have.

[Steppenwolf]

Just lost my reply...it's a good metaphor that i seem to always forget: before hitting "Add Reply" select all and copy. i didn't do that so all i want to repeat from that lost post is: Your advise is always good and it's good to know that you are here willing to help!

SW

Steppenwolf-that was my point-

Most of us have to practically become medical and legal 'experts' -for our claims to succeed-

As my signature says- Chief Osceola , in the face of overwhelming force-reminded his people (as any good military leader would ) that his people had the same weaponry as the Army did-and this enhanced their morale and they rallied quickly to fight again-

we have the same regs (aka guns)that the VA has-

I think the regs are almost perfect-

because we all need a framework that our evidence has to fit in-

we have the same access to M21-1 and the C & P exam blanks as they do-as a matter of fact the VA web site has all the regs there and an abundance of information-

http://www.va.gov/

I am sure you have gotten your SMRs (Service Medical Records)but it might not hurt to ask the VA for another copy of your VA medical records.

The c file is not the medical file- it is the "claims" file-

Most claimants end up getting the SMRs, the VA med recs, any private med recs that could help their claim, and also a copy of their C file.

The letters from your private doctors -if VA has not rejected them as evidence yet- could perhaps hold the keys to service connection for you-

It doesn't help to allow VA matters to overwhelm us (yeah right-at times it all overwhelmes me-I should talk)

but my point is-

it often pays to just sit back, and put it down, and then try to think about it all in a new way.

I won claims over a decade ago.

I didnt even want to file a AO claim.

I didnt want to look at those records ever again.

My daughter insisted for months to see if there was a potential for what she believed was dad's true condition.

She reminding me over again of the last statement in the prior Sec 1151 award letter.

We know that award letter's wording by heart-it is chilling.

After many years I opened up those old claims files and the med recs.

All of a sudden what she said I would find was there-

Two real doctors agreed with her-

I re-opened the claim and intend to succeed on it.

A new look- from even a different perspective-or at least a few days away from it all-

can do wonders to help assess and even discover for the first time-the documented evidence you have.