Sc For Injury Caused By Meds And Or Other Sc Condition.

[donews]

Thank you in advance for your time reading or replying.

Sorry if the Topic Title is confusing.

Here is the situation:

I am a Vietnam Vet that has a combined SC rating of 70%. I have SC DMII, Left and Right Leg Peripheral Neuropathy, Diabetic Retinopathy, Gastoparesis, and Several SC Heart Diseases.

In July of 2006 I was visiting my son in CT for the month. One day while watching my grandchidren play in the swimming pool, I got up from my chair to do something, and lost my footing due to my not being able to tell where my foot was. This happens frequently due to my severe bouts of dizziness and due to my Neuropathy in my feet and legs. I fell backwards and broke/fractured my right hip. I had to have surgery in which they placed metal pins in my hips. I had to spend 3 months in CT (2 Weeks in a hospital and 2 and 1/2 months in a nursing/rehab home) before I was well enough to travel back to my home in NC.

Since the injury, I have to now use a walker/cane/scooter to be able to get around. One of my legs is now actually so much shorter that then other that I need special shoes, the inserts can't make up the difference. I have chronic pain directly in the location of the surgery. I can not sleep for more than 2 hours before I wake up and need to move positions in bed to try to be somewhat comfortable. I can actually feel the screws/pins in my hip. They actually jut out and make it hard for my to have pressure on that hip.

Is this something I can get SC for?

I am dangling the thought process of:

Since my SC meds which make me dizzy or my Neuropathies which cause me to have poor footing or my SC Heart Diseases which makes me dizzy as well are the cause for my injury, the I should receive SC for the injury as caused by or secondary to my SC conditions.

I have documentation going back to 2004 showing constant bouts of dizziness and falling due to my Neuropathies, Meds, and Heart Diseases. I also have the medical records from the ER I was taken to but they all just state that I lost my footing/ tripped / fell backwards and broke my hip.

I just wanted to get a few opinions before I (ie my son lol) spends time developing a claim and attempting to get a IMO if needed. Maybe someone out there has had a simular type of claim before, maybe someone has had an new injury cause by a SC condition and filed a claim. I would love to hear from you.

[john999]

I think you can get the injury SC'ed but you need a doctor to say that the injury was caused by the PN and the meds and resultant dizziness. The VA probably will not connect the dots unless you get a solid opinion to connect it for you.

[Berta]

"Since my SC meds which make me dizzy or my Neuropathies which cause me to have poor footing or my SC Heart Diseases which makes me dizzy as well are the cause for my injury, the I should receive SC for the injury as caused by or secondary to my SC conditions."

This can fall under secondary conditions due to side effects of SC meds-

or in some cases- Sec 1151 claim due to disability due to

SC meds-if the meds are in fact inproperly administered.

I am going to bore everyone again with my husband's problems-

but he did not die due to death by VA-in vain.

His dizzy spells were the first manifestation of his diabetes in 1988- also MRIs revealed years later that these were in fact transcient strokes-

(he was diagnosed with a hole in his ear drum-which he didnt have-as cause of the dizziness)

It could be from your meds and that this is a known side affect -meaning the docs arent malpracticing at all-

but anything that has caused further disability- from a VA SC med- can be service connected-

did you say in a prior post that you take 25 meds?

That is a heck of a lot-

Rod was so misdiagnosed that he only took 3 meds-

however we studied them all in pharmacutical medical books to make sure they seemed right and did not contraindicate each other-

after he died I proved however that Sudafed-(among multiple other malpractices) prescribed to him for 6 years by VA 4 times a day-(I found Xray of clear sinuses) had contributed to his heart disease and death due to its affect on his heart and HBP.

The VA agreed.FTCA award wrongful death.

[Pete53]

It is not going to be easy the key to a win would be the Doc that you get to write it up.

[carlie]

Group: Moderator

Posts: 11,177

Joined: 26-July 05

From: Fl. -- USA

Member No.: 60

Old WebBoard Name: carlie

Service Connected Disability: 60

donewsome,

I had Posted this in your NC thread but it belongs in this thread.

John999 is right.

You can accomplish gaining some additional service connected disability and perhaps gain additional compensation, with the proper medical evidence and medical opinion which would thus provide a nexus to these additional disabilities .

I would Submitted the request on a VA form 21-4138 (Statement in Support of Claim).

On the VA form 21-4138 - I would state:

I request and claim additional disability and/or request for increase, by applicable rules and regulations contained within the following:

38Code of Federal Regulations

§ 3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(a) General. Except as provided in §3.300©, disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

I am claiming and requesting Additional Service Connected Disability

and Compensation for the following Secondary Disabilities and/or Increases.

1)________________________________________________________

2)________________________________________________________

3)_________________________ ETC__________________________

All disabilities in this claim have been incurred or have increased in severity, directly from disabilities of record, which are already service connected and/or Compensated for.

I contend these disabilities rise to an additional or increased evaluation percentage level as evidenced in Government Publication 38 Code of Federal Regulations - Part 4 Schedule of Rating Disabilities,

(GET YOUR INGORMATION HERE )http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a2e5d26a2c5eb5ff4ed154042c98d4dd&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

Under Diagnostic Code XX.

Evidence shows ____________________________________________________ which equates to a rating of XX%.

Under Diagnostic Code XX.

Evidence shows ____________________________________________________ which equates to a rating of XX%.

(List and provide copied of the evidence) by exhibit number each item of evidence and which disability it pertains to in this area). I would provide copies of any positive medical evidence I could obtain.

I contend the Medical Evidence presented in this claim, most clearly meet all rules as being both Probable & Credible Medical Evidence as required by Government Publication M21-1MR.

I request the earliest effective date possible as my Diagnosis and Increase in severity are shown to predate this claim within a one year period.

I request the highest award possible as per 38 Code of Federal Regulation:

§ 4.7 Higher of two evaluations.

Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

At this time I also contend that if the Rating Decision is to lean towards any negative decision I would like to envoke rule:

38 Code of Federal Regulations

§ 3.102 Reasonable doubt.

It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships.

If this Regional Office would like to request any further development on this claim,

I am now requesting a personal hearing prior to further development being done as per

38 Code of Federal Regulations

§ 3.326 Examinations.

( B) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.

(Authority: 38 U.S.C. 5107(a))

I would be sure to date and sign it, have your claim file number on it also your current permanent address and telephone number if available.

I would make a copy of the completed form to keep for my own records.

I would hand carry and get a date stamped copy of what is submitted,

(or if not close enough to do this) send it all Certified, Return Receipt Requested.

I have attached a VA form 21-4138, for your convince.

I would make about 10 or 20 copies of this form.

Hope this helps many vets,

carlie

This post has been edited by carlie: Today, 01:59 AM

Attached File(s) 21_4138.pdf ( 67.98K ) Number of downloads: 0

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I will go into the oven for cremation with either a NOD or Form 9 in my cold dead hand !

Edited January 20, 2008 by carlie

[rentalguy1]

absolutely file for this! That is, once you get a statement from a dr. that says your dizziness and neuropathy caused your fall. Good luck!

[donews]

Thank you all!

So...... anyone know any good doctors?

Currently all my health concerns except emergencies are cared for by the VA ....... Yes, its like handing the enemy a loaded gun and turning your back on them.

When I have emergencies I am transported to the closes hospital.

I know about Dr. Bash, but I do not have funds available for something like that.

Anyone have a creative ideal for getting an opinion for something like this?