It's A Medical Miracle..!

[jecsb4]

Boy did I get hosed by ….

I got bush whacked by QTC! I currently have 10% for bilateral hammertoes, 10% bilateral bunon surgery and 30% bilateral pes planus w/ plantar fasciitis! Well I asked for a relook based on new evidence – the evidence was pretty significant – the VA podiatrist listed all my feet issues mentioned above along with posterior tibial tendon disfunction – bilateral, and other things and wrote that no question my feet were SC.

So, I felt I should get the higher rating. SO the VARO sent me to a contracted internal med dr! Well I just got the results via FOIA. It’s a medical miracle!!!

Dr. said I had no hammer, bunions, metatarsalgia. And my flat feet went from bilateral to just one foot! My plantar fasciitis stayed the same.

Earlier this week, I gave to my VSO a IMO from a podiatrist that has done the actual surgery on me for hammer and bunions! The ones that don’t exist anymore pert the internal med dr! My doctor said my feet were in the top of the list as being severe for my numerous feet issues. The IMO is worded strongly to leave no doubt of the severity and the proper rating. Anyway I turned in the IMO with my statement. My feet are worse since their rating decision and my Dr even took pictures which I submitted along with some that I had taken.

So, will the VARO go with what my doctors (including what the VA foot doctor) says or just go by what this contract doctor said. This doctor is the only one who has denied my claims.

Will they actually try and reduce my rating? The preponderance of evidence is on my side. If they deny my recon and worse try to reduce me, I think I will try to have a local hearing.

I know for one thing, flat feet, hammertoe and bunion surgery doesn’t just go away, unless you surgery remove the limbs.

In my SOC , the VARO determined my feet increased to a 30, but now that this one doctor says otherwise, what will they do? What is my best approach to this, wait for their decision, get another opinion. See what they do with my statement and IMO, or file even more feet claims for week feet (ankles give out, and I also have a dropped foot condition.), and for Foot Injury Other (tendon tears) . I included all of that in my info and wanted them to basically count all of that as a whole to see how it effected my flat feet vs additional separate claims. Was that a good strategy? Should I change course? Ask my doctor to refute these new "findings"?

Thanks all.

[Berta]

JECS-

I am in the same boat waiting for the VA to finally consider my 2 IMOs from Dr. Bash-

but last week I went ahead and ordered an additional one from Med Ops- just in case-

I tried to anticipate what denial tactic that the VA could possible use-I guess they would have to invent a brand

new disease that my husband was sole veteran to ever have-

a disease that mimics diabetes and causes the same symptoms and end organ disease, or they could again ignore my IMos and send my claim back to the BVA but I would use the new IMO to get a fast remand again-

I realise I gave the VA one heck of a claim-they have already admitted to multiple malpractices that caused Rods death-

but the initial and ultimate malpractice of diabetes-is what they dont want to admit too-

because of the Nehmer decision and the $$$$.

I could not sue them again for wrongful death-

wish I could have- that would have been so much easier to do.

I am not sure what you should do at this point--I decided that- if I prevail without them ever even seeing my recent IMO-have not gotten it yet but Med Ops said No problem at all- with the evidence I sent-

I still feel I have made an investment in this additional IMO-that could have been needed.

Another thing- as a past claimant many times I start to feel that the VA doubted my word, my credibility , and even the evidence I send them-from there own med recs.I had a real battle proving my claims in the 1990s.And I had no IMOs.

But these days with my IMOs- at least I feel I am not nuts and that my claims have valid medical merit-and that a real doctor has agreed with them and what the evidence revealed.

The VA seems to doubt us all the time and this can wear us down, 'proving' our claims. That is why evidence is everything.And there is nothing better than having a real doctor agree with the claim.

I just wish the IMO fee that many pay could be paid by those Vet orgs when they can their lousy reps and put the saved salaries into an IMO interest bearing fund for IMOs for vets they rep.

They(the vet orgs) would realise a much better success rate on their claims if they did that and many vets would hopefully get a proper and faster award with an IMO- in their lifetime.

Of course that is just a fantasy I have.

veterans.

Edited December 11, 2007 by Berta