diabetes Question Regarding Claim

[ruby]

I am a newbie and I wish I had found this site before now. I have several questions and I hope I put this in the right forum, if not please move to the right forum.

I have searched this site for the last couple of days for situations similar to mine but I haven't found anything to date.

I guess I should start from the begininning so others may help me with a full understanding of my circumstances.

While on active duty in the USMC from 75-78 I broke my left arm, left foot, developed asthma, and cervical strain.

All of this is documented in my medical records. I have a current rating of 40%(30% for asthma and 20% for cervical arthritis.)

When I was discharged honorable in 1978 I went to the VA and filed a claim I was given a 0% for numerous condition and a 10% for arthritis.

On my entry exam I never mentioned this in relation to my back (this was related to my headaches), I did however state I was hospitalized for headaches. I also stated I had asthma as a child last attack was 6 yrs old.

Fast forward to 1977 while on active duty I had some urinary tract problems and had a retrograde pyleogram done. In those xrays it showed that I had SI joint irregularities which could be associated with arthritis additional testing should be done (auto immune type-reactive arthritis.

While in the service I never complained about back pain for the simple reason I thought it was related to ie female anatomy and or frequent drills etc.

I was never informed of this finding. I am not sure of the date, either it was 79 or 80 I started complaining of severe pain in my back and legs along with other problems associated with this type of arthritis. I was told at that time I had reactive arthritis by the VA.

For those that don't know its a gene I carry that something I was exposed to activated that gene, it was believed to be food poisoning. it is now believed it was pneumonia.

I was given disability rating for degenerative arthritis of the neck, the back was never mentioned in my first claim ( I never knew I had arthritis period-this was a surprise to me when they gave me 10%).

I filed for an increase in 80-81 for my SI joints. My claim was remanded for additional evidence. I did not follow through on this process.

I had a myleogram done some time in the earlier 70"s or 60's to my recollection, at that time it was due to headaches of unknown orgin. Turned out to be a result of medication I was taking.

The VA is using the myelogram saying I had some prior condition they wanted the names of doctors I saw prior to the service. I never went to the doctor and the ones I had in the 60-s and 70's were now dead or moved. I didn't remember thier names.

So needless to say I said to heck with this and went on my merry way, I left the VA system also as the only medication that worked for me was now deleted from the formulary.

I applied for an increase in 11-2006 for my arthritis and asthma, I went for a comp exam in Late January of 2007 at this comp exam I thought (silly me) that I was being evaluted for arthritis in my whole body not just my neck.

It was the comp doc that said that he could only evaluate me for my neck and I needed to file for residuals, he is amazed that I have the ability to walk based on my xrays. (the are severe on a grade of 1-4 my SI's are a 3 bilaterally- a 4 is total fusion).

I became hysterical and started to sob through the whole comp exam. Who knows what I said concerning my asthma or cervical arthritis.

I immediatley filed for residuals in my wrist, hands, ankles, feet, knees and SI's. which probably delayed my rating. In July o7 I was given a rating of 40% and the residuals were remanded for a comp exam.

In Nov 07 I recieve my comp exam for my wrist, hands, ankles and feet and knees. Again when I find out they are not doing my SI joints I started sobbing to the point the comp doc wanted to cancel the exam. I said no, again who knows what I said during this exam, he was nice but he did have a heavy accent to the point at times I didn't understand him well.

Now I am waiting for the rating on those joints.

My question is, I didn't ask for eval on my elbows, shoulders or lumbar spine.

Do I file another residual for those or wait for my rating and file a new claim.

Do I attempt to correct the VA's thought process that the arthritis is reactive and have to fight to prove it happened in the service or leave it alone.--From what I understand from my rheumatologist xray changes occurr 6 mos to 1 yr after infection, the xrays that show minimal changes occurred in 1977-2yrs after I went into the service.

Also, it appears that diabetes is associated with this type of disease process. I was dx with DM about 3 yrs ago. I suspect I had obvious S&S in the earlier 80's but didn't know.

I went through my military records and found that a doc suggested I be evaluated for DM in 1977 due to some eye problems I was having, this never occurred and I didn't know this until recently. In 1979/80 my lab work indicated I was a diabetic then.

What is my best route. I physically can't work any more, I am 57. I quit my job 2 weeks. I only have enough money to last me 6 months and then I must sell my house.

Thanks for any advice, sorry this post is long.

[ruby]

Hi Ruby, Like Pete said, Welcome to Hadit.

I feel for you because I know what you are going through with the spine. I have been there and It hurts.

You need to file for SSD quickly. Your age and impairments should get you over the hump.

You should also file to IU at the VA. It pays the same as 100 percent.

Did the Docs ever diagnose your back. You posted Auto Immune. An auto Immune is where the body thinks a part is foreign and turns on itself. Lupus is one disease that comes to mind.

Also ask the VA to decide your claim quickly as you are enduring a financial hardship and may lose your home. They tend to react quicker.

Yes, its reactive arthritis caused by a bacteria, which I can connect the dots to when I was exposed and the symptoms occurred.

My problem is the myelogram, I need to find someone who knew me then and have them write something, the doc that ordered it is retired or gone.

Medical records at that time were only kept for 7 yrs. Now they keep them 3 yrs in my state. Statute of Limitations in general is 3 yrs for malpractice.

I am in the process of filing for SSD, but I am reading all I can to make sure I do it right the first time.

What would I say to the VA to get them to review my case faster. I know the comp exam got to the regional office yesterday.

Thanks for the advice

[Berta]

"No, I haven't applied, I was sent those forms in July 07 but didn't fill them out since according to the rules I don't qualify. I even told the VA I didn't fill them out for that reason."A vet whose service connected disabilities render them unemployable- (and the medical evidence reveals that) should apply for TDIU ASAP!Regardless of their VA %-The TDIU form has no criteria whatsoever preventing a vet to apply-as far as VA % goes-I got a NSC vet - SC with TDIU in 4 months-He sent his private med records attached to the TDIU form.Some vet reps think a vet has to be 70% or more to apply for TDIU_ not true-if the VA awards 70% however that is when they often send the TDIU form and consider it-Do you have copies of the C & P exam results yet?The copies can be obtained by requesting them in writing from the VAMC Records Access Officer-The diabetes- if the symptoms showed up in the military- there isnt much you could do if the mil misdiagnosed you- due to the Feres Doctrine-But I would sure claim the diabetes as it could be another way to establish the nexus for some of the other conditions-Many vets have SSA problems right off the bat- ALLSUP, Inc- has a web site and for a fee (that comes from the award as I understand it) they can hel anyone tremendously to obtain SSA- if they take the case-they can often give an o;pinion on your chances for SSA via the web site and by phone.It would be awful to have SSA deny you- and it happens a lot these days-adding more time and financial stress to you-I suggest strongly- that-if you obtain SSA- out of any retro money SSA sends- to get a good Independent medical opinion for your VA claim.These IMOs are costly but they can connect the dots in ways the VA never can.I am missing seeing something here- have you had continuous treatment for all of the claimed conditions, with documented treatment records?The VA needs both any private and all VA med recs -the paper trail that claims become-to justify their award decisions-does your medical care come from the VA?On the TDIU form- under Remarks # 25- you can refer them to separate page and tell them of any side affects the meds cause you, and any other information you feel they should have -for TDIU-Under # 18 check Yes and then -if you get the SSA award -send them copy of it in support of your TDIU claim.Has any doctor told you- or would they be willing to document that your SC disabilities render you unable to work and give a complete medical rationale for that?"

Edited December 19, 2007 by Berta

[ruby]

"No, I haven't applied, I was sent those forms in July 07 but didn't fill them out since according to the rules I don't qualify. I even told the VA I didn't fill them out for that reason."A vet whose service connected disabilities render them unemployable- (and the medical evidence reveals that) should apply for TDIU ASAP!Regardless of their VA %-The TDIU form has no criteria whatsoever preventing a vet to apply-as far as VA % goes-I got a NSC vet - SC with TDIU in 4 months-He sent his private med records attached to the TDIU form.Some vet reps think a vet has to be 70% or more to apply for TDIU_ not true-if the VA awards 70% however that is when they often send the TDIU form and consider it-Do you have copies of the C & P exam results yet?The copies can be obtained by requesting them in writing from the VAMC Records Access Officer-The diabetes- if the symptoms showed up in the military- there isnt much you could do if the mil misdiagnosed you- due to the Feres Doctrine-But I would sure claim the diabetes as it could be another way to establish the nexus for some of the other conditions-Many vets have SSA problems right off the bat- ALLSUP, Inc- has a web site and for a fee (that comes from the award as I understand it) they can hel anyone tremendously to obtain SSA- if they take the case-they can often give an o;pinion on your chances for SSA via the web site and by phone.It would be awful to have SSA deny you- and it happens a lot these days-adding more time and financial stress to you-I suggest strongly- that-if you obtain SSA- out of any retro money SSA sends- to get a good Independent medical opinion for your VA claim.These IMOs are costly but they can connect the dots in ways the VA never can.I am missing seeing something here- have you had continuous treatment for all of the claimed conditions, with documented treatment records?The VA needs both any private and all VA med recs -the paper trail that claims become-to justify their award decisions-does your medical care come from the VA?On the TDIU form- under Remarks # 25- you can refer them to separate page and tell them of any side affects the meds cause you, and any other information you feel they should have -for TDIU-Under # 18 check Yes and then -if you get the SSA award -send them copy of it in support of your TDIU claim.Has any doctor told you- or would they be willing to document that your SC disabilities render you unable to work and give a complete medical rationale for that?"

Part of my problem has been I don't go to the doctors, I just suck it up and go about my merry business. I left the VA system in 86 and didn't go back until 05. I never run to a doctor for anything, I knew I had arthritis when I had a bad episode sometimes bed ridden due to the SI joints I just laid there crying until it went away. If I got the flu I let mother nature take its course, an asthma attack, I had inhalers, my father had a nebulizer which I borrowed. I don't have any private medical records.

When it got to the point I had to treat and acknowledge I had diabetes I went to a private MD, but the expense was to the point I couldn't afford the care. I was reminded by a neighbor I could go to the VA, which may be hard to believe I really had forgotten about using them, I wasn't happy when I left them in 86.

In 05 I started back with the VA---My VA rheumatologist wrote in my VA MR's that he considers me totally disabled. I copied and sent all my military medical records and put them in chronological order for the VA, I copied and sent all my records from the VA, highlighting what was important to the VA.

Here what is written on the remand from 86:

The veteran and her rep also contend that the vet should be service connected for a low back disorder resulting from service. The board noted the vet is currently reported to have ankylosing spondylitis and there was xray evidence of si joint involvvement in 1977. There was also x ry evidence of a prior myelogram and it was susequently reported on the VA hospitaliztion that the veteran had fallen into a ditch a number of years earlier and had been treated with traction. The board believes medical records of all such treatment should be obtained before a final appellate decision is reached on this issue from the veteran's appeal.

Accordingly, the claims folder is REMANDED to the originating agency for the following action:

The vet should be asked to specify the dates and sources of any back treatment she received prior to service. With her permission, the medical records of such treatment should be obtained and associated with the claims folder.

When this development has been completed, the veteran and her rep should be provided with a supplemental statement of the case, if in order. The case should then be returned to the Board in accordance with the usuall appellate procedures for further review. The purpose of this REMAND is to obtain additionlal evidence. The Board intimates no opinion as to the ultimate determination warranted. No action is required by the veteran until she recieves further notice.

I was never treated for back problems, the idiot who wrote I fell in a ditch years prior didn't write what I said, I told this idiot that I was in a car accident on base in which the car went into a ditch, this was how I hurt my neck, possible broke my wrist, no one knows for sure as the pain in the neck didn't occur for a month after the accident and the wrist fracture didn't really bother me for 9 months after we think it was broken. It took almost 6mos to heal in a frigging cast.

One day I woke up and couldn't move my arms above my waist or turn my head, went to sick call they ask me what caused it I said I didn't know but I turned in my chair and went to pull someting out of a drawer and felt pain. During one of my many visits for this problem I was ask if I had any accidents of any kind to cause this, I remembered this minor car accident at that point they said that is probably what caused this injury. There is no mention of this in my MR's. I have always said it was from a car accident. However the traction I was treated with is clearly in my SMR's. Due to this blundering idiot I am probably screwed.

I just called the hospitals that I would have gone to and asked if they had any records from 68-71 and they said no. I ask if in 1986 if they would have had records and they said no. They keep records for 10 yrs. I think but I am not sure I did this in 86 also.

Part of the problem was I couldn't find the name of the doctor I saw for the headaches, since it had been 15-18 yrs prior to this. It turns out his name was in my service medical records, that I just got a couple of months ago. He still would not have kept any records, so again no evidence.

Based on the fact I had no records to prove my case, I walked away and said the hell with it.

To make sure this is in fact service related I have asked and researched when does arthritis show up on xrays all answers have been no earlier than 6 mos to 1 yr. It was indicated by report in 1977, 2 yrs after I went into the service I had minimal changes noted in the SI joints and further investigation was necessary, which never occurred. I did this as to me it may be my only avenue to show it was in fact service related.

Am I screwed with the VA in regards to my SI joints--the AS is not what I have, they didnt know at that time about reactive arthritis, they look the same on Xray's.

Apparently I must have filed an appeal at some time.

I am trying to figure out why this last comp exam didn't include my SI joints and what my next move is prior to getting my rating notice so I can submit what I need to do then and not 60 days later.

Do I file out the UE they sent me in July 07 and submit it now or wait for this rating. Based on the previous time frames I should know in 3 months.

I am filling out the papers for SSD only this time and I doing it right with alot of research on how to answer the questions to prove I am disabled.

Thanks for your help

[Berta]

In my opinion you should file out and send the TDIU form in now-

unfortunately if you never rebutted the VA's statements as to the ditch accident to clarify them- this could be crucial to your claim-

"I was never treated for back problems, the idiot who wrote I fell in a ditch years prior didn't write what I said, I told this idiot that I was in a car accident on base in which the car went into a ditch, this was how I hurt my neck, possible broke my wrist, no one knows for sure as the pain in the neck didn't occur for a month after the accident and the wrist fracture didn't really bother me for 9 months after we think it was broken. It took almost 6mos to heal in a frigging cast."

If you mean this happened on a base while you were inservice- there HAS to be a record of it-or you might need to get some buddy statements to prove it -unless the fact that the traction IS in your SMRs- and that obviously means they were treating you for something that must have had its etiology in service-

if it was something that happened prior to service- and service "aggravated it" that is another way to try to get SC for it- but still this all depends on proof of this event-

I dont suggest calling hosps to see if they still maintain records-it is always best to send them or any private doc- the Authorization forms from the VA to see if the records will appears.

Some private docs turn their practices over to another doc when they retire or die- and med recs-many vets get copies of VA med recs that are 40 years or more old- so there is always a possible paper trail that one can try to find.

SSA as well as the VA will need all treatment records you can possibly find.

Edited December 19, 2007 by Berta

[ruby]

I actually rebutted everything I knew to be false and showed them where this traction occurred in the service along with all other mis-statements and showed where in my SMR it showed otherwise and it corresponded to what I had said vs some resident who was tired and in a hurry to finish.

The care in the VA in the 80's was horrible. While I think its better in some aspect today, they still have many problems with quality of care, esp documenting what is actually said vs thier interupretation of what they think they heard or wanted to hear.

I even pointed out where I had my entire spine xrayed in Jan 76 after the neck injury and there was no evidence noted of any previous back injury, but in Sep 77 I now show signs of some form of arthritis in my back along with L4-5 changes. Its pretty clear to me but then I am reasonable person. Humm not there in 76 when on active duty but there in 77 on active duty-bingo its service connected.

There were some things that occurred in the service that my medical records disappeared when my records reappeared many were missing. I know what happen to them I can't actually prove it but I sure can lead you down the path to show you how and why my records are missing. I probably should have filed a claim for PTDS with everything that occured.

With this claim I gave them carte blache to get anything they wanted from anyone.

Thanks for your help, I will file for the IU now.

[Berta]

GREAT- I misunderstood sorry-

you DID rebutt it-

Ruby -you mentioned problems with your hands and thumb- SSA recognizes how critical any form of damage to the hands and fingers can prevent most forms of employment-

it is something to highlight to them wqhen you apply-

dont know if I am repeating myself here-

ALLSUP, Inc has a web site- and can access your SSA claim's potential by email usually-

if they represent you for SSA (they have quite a good track record) they do charge a fee -but something to think about-

so many vets these days have to fight the SSA as well as the VA-and continual pursue both types of clams-but it pays to do all you can to succeed.