tinnitus 2ndary Conditions Denied, Va Altering Claim

[Jayg]

Hi everybody. First post here. I have tried searching but have not found much particular to my case. I am not used to this format and it's slow on rural dial up.

I am 40% overall, 10% hearing/tinnitus SC, 20% L ankle SC, Flat feet 10% SC.

I know this is going to sound trivial. Heck it does to me! :( But I'm a physical wreck now.

I sprained an ankle in service.(1974/81 US Army) While in cast we had an alert and I fell off the back of a deuce & a half. Hurt like blazes but they said it didn't hurt anything. Then had the cast off two weeks later and returned to duty. I was also diagnosed with flat feet in my second hitch.

Now both ankles, knees, hips & lower back are bad with peripheral neuropathy (I am not diabetic) thrown in. I am described in records as having "debilitating arthritis" and walk with a cane. I wear a rigid, authorized by VA, knee brace. I was a machinist but can no way work it now. Am on methadone and other "as needed for pain" meds. As noted above, I'm granted SC for feet & ankles. My records note me as having "altered gait/transferring."

But I am repeatedly denied any consideration for secondary conditions. They describe my conditions as "mild" with pain being the greatest limiting factor.

One infuriating thing is that they are rewording my claim and denying items on that basis. I claimed my bilateral knee, hip, and lower back condition with neuropathey as secondary to SC ankle & feet. But they say I claim my knees as SC (I did not) and since there's (naturally! :P ) no record of complaint in service, they're denied.

Then they say I claimed my back as secondary to my SC knee claim (not so!). Since the knees are denied, the back can't be connected! I have sent in copies of my original claim a number of times and they keep coming back to this. These claims were prepared with a well experience VSO.

VA also denied my shoulder but that's okay because I never claimed it. I expect it did add useless wait time to the process now that I think of it, however.

I've been going r'round and 'round with this since the summer of '04. I got flat feet upgraded from 0 to 10% when I sent in pictures of worn boots and got another exam. (I unfortunately wore my seldom worn dress shoes to C&P exam.)

Now I have amassed a pile of documentation, i.e., other similar cases, VA & workman's comp, granted, medical journal papers, all linking the above mentioned conditions and arthritis too, to flat feet and ankle problems. Think that will have any effect???

Sorry this is so long but this hasn't happened overnight either. I have had initial claim result, NOD denied, and am on the list for the traveling board but VA has granted the FF increase as noted above when I sent in new evidence. I am preparing another NOD including the information I mentioned.

BUT! How do I get them to straighten my claim and quit altering it?!

[Jayg]

IVDS = Intervertebral Disc Syndrome (38 CFR 4.71a diagnostic code 5243), also called degenerative disc disease, herniated disc, bulging disc, etc.

Remember, whichever you choose, you need to get an MRI and a concrete diagnosis with a well thought out and explained medical opinion as to the condition's etiology. This is going to be your very fist step.

Thanks. Very much! :P