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Question Regarding Claim

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ruby

Question

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.

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Berta,

Thanks for the reply. On a site I can't find now it had the grid on it and you could use it either manually or automatic.

I plugged in 57, skilled, educated- it came back as disabled. I am not sure if my skills are transferable. I am a RN thats all I have done for 30 yrs.

In my occupation I can't work, but if they say I am trainable to do something what I don't know with the arthritis in all my joints but I am sure they'll find something then I am screwed.

Also in the SSD blue book it says disabled if you have active auto immune arthritis which by xray is evident. My SI joints on a grade of 1-4 and 4 is complete fusion I am 3 bilaterally.

I am trying to get it on the first attempt within 30 days and hoping I can write it up will enough to see if they will use the last 7 mos as the trial work period. That is when my rheumatologist stated I was totally disabled. While my hourly rate is more than most and I made more than the 900.00 I still have not been able to work full time I only worked part time due to the pain and the need to rest my joints in order to work.

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