Need Your Imput:: Start The Process Or Not ?

[57tom]

I am trying to help my husband who doesn't have the patience for this. I have learned a lot but no where near what I need to know.

We have learned that MS is now considered a service connected disability.

My husband was in the Army in Germany in 1975-77. He has MS. He had his first symptoms in 1983. No symptoms while in the service. He was hospitalized in 83/84 because he was numb on 1/2 his body. They treated him with steroids. There were no MRIs back then but the doctor "suspected" MS. Since this was so long ago, I have just found out that the doctor and the hospital's medical records have destroyed the because they were 20+ years old. Army records would show nothing.

He had been gased a few times during basic training. Would that be the only link for him or was there something else that we are unware of?

Question 1: Is this enough reason to file for compensation??

You would never know from looking at him that he has MS. He has been able to work with no major MS interference. He gets fatigued, his hands and legs are numb/tingly, hands and feet burn most of the time and other things. He has good days and bad. He is on 11 or so meds and Avonex. His last exasberation was about 10 years ago. We have medical insurance, he has a great job, but he has been going to the VA for years because at one time his injections were costing us $250 month (our portion after insurance) and through VA it was under $15.

Question 2:

He says that since he is in the "va med system" if he ever became disabled he wouldn't have to wait for approval. From what I understand, he would have to apply like anyone else.

He thinks since he is relatively healthy he wouldn't qualify. Is this separate from being treated at the hospital?

Question 3: Would he qualify for any compensation? I saw somewhere that MS is automatically 30%... that the amount from the tables I've seen that he would be entitled to?

Questions 4: We still know the doctor that treated him a couple times after he was discharged and when he was in the hospital. A letter from that doc would be just about the only proof that he has ms symptoms back then. Would that even be enough? Even with no other med records and going pretty much on the doctors memory rather than any written record? How specific would it have to be? How would the doctor be able confirm the time frame that he saw Tom before the 7 year window was up and why would VA believe him?? There really isn't any other "proof" except family members,which I am guessing the VA wouldn't be too keen on accepting as "fact"?

Question 5: He has been treated for at least about 10 years by VA docs and has had MRI's done. Will this help his case or make no difference?

Question 6: He feels guilty applying for compensation when there is no proof that being gased in basic training has anything to do with his MS - unlike the Gulf vets getting vaccines, anthrax, more biological stuff etc.

He knows we are blessed that he is not disabled, and is so grateful for pretty good heath, good job, family, a sales position he loves. It just doesn't seem right to apply to receive any money when there are vets out there that need it more, cannot work and that don't have the private insurance that we have. Especially when they are cutting funding. We feel like were doing something "wrong" or being greedy. I would like to see him apply and if he gets something, it somewhat validates all that he has gone through for the last 23 years.

Question 7: Should we do this on our own? Since there aren't any medical records it doesn't seem like it would be too complicated. Letter from the old doctor and would we even need to get anything from his present Neurologist since she works for the VA?

What do you all think?? I just started this process and am learning a lot. I appreciate you opinions, imput and suggestions. I'm sure I will have more questions.

Thank you -thank you - thank you!

[william n]

I would just like to say Welcome..this is one for the the Elders to answer..im sure you'll receive some direction...welcome aboard. Regards, William

Edited June 12, 2008 by william n

[Rockhound]

I'm no expert on MS, but unless their is something in his in-service records, both personel and medical that give some reason to believe that his MS was caused by service, then you will have to show that the inception was during service, by a IMO that says that the inception of his MS was during his time in-service and that noticable symptoms wouldn't occur until such a later date as in his case. Six years is a long time, but like I said I do not know anything about the disease and can not say that six years from getting MS and the first signs of the disease is out of order. Only a specialist in the field can determine that.

Ms as a disability as far as I know came about due to Agent Orange as having been exposed to a herbacide, as those who were in Vietnam were. But it could be ment for anyone, I do not know.

I wish I had better news, but don't depend on what I have said, research MS and determine if the disease profile meets your needs.

Ask as many questions you need in order to understand what you need for your claim. Look up anything and everything you can on MS and become your own specialist is my best advise.

RR

[carlie]

Welcome,

More people will chime in here for you on MS.

I say gather your best evidence and file the claim even if he

doesn't want any money from it now.

The first goal is to obtain SC (service connection) even if it

is granted as non-compensable.

jmho,

carlie

[jbasser]

3.307/3.309 states that MS has a presumptive period of 7 years. If he served 75-77 and started having symptoms of MS in 1983, There is a chance he can get SC'd for it.

Even though you are not able to find the doctors notes or record, You should go to the hospital that he was admitted and ask them to find the record for your husband.

A lot of times the Hospital record is where the evidence is found.

After you find them, you need to get an IMO from a Neuro Doc who can put the claim together and explain the onset of the disease and when the symptoms started.

A letter from the Doc would be beneficial. Remember, the dates are important.

Go ahead and file the claim. Preserve the effective date.

J

Edited June 12, 2008 by jbasser

[57tom]

There are no hospital records, They were destroyed because they were so old. The hospital doesn't keep anything forever. The only "proof" he has is the memory of the doctor that treated him after he was discharged. At that time he had very slight MS syptoms - they mostly were ignored because they were so slight at the beginning.

[Wings]

I'm no expert on MS, but unless their is something in his in-service records, both personel and medical that give some reason to believe that his MS was caused by service, then you will have to show that the inception was during service, by a IMO that says that the inception of his MS was during his time in-service and that noticable symptoms wouldn't occur until such a later date as in his case. Six years is a long time, but like I said I do not know anything about the disease and can not say that six years from getting MS and the first signs of the disease is out of order. Only a specialist in the field can determine that.

Ms as a disability as far as I know came about due to Agent Orange as having been exposed to a herbacide, as those who were in Vietnam were. But it could be ment for anyone, I do not know.

I wish I had better news, but don't depend on what I have said, research MS and determine if the disease profile meets your needs.

Ask as many questions you need in order to understand what you need for your claim. Look up anything and everything you can on MS and become your own specialist is my best advise.

RR

Rockhound, If you are going to give "advice", please support your suggestions with facts and laws; and cite the regulations. Handing out this kind of advice, before you are service-connected, can be counter productive to other vets' claims. ~~Wings

To date, Agent Orange has not been linked to MS.

The Secretary of VA has determined that there is no

positive association between exposure to herbicides and any

other condition for which the Secretary has not specifically

determined that a presumption of service connection is

warranted, including multiple sclerosis. http://www.va.gov/vetapp03/Files/0302084.txt

http://www.va.gov/vetapp03/Files/0307361.txt

Service connection may also be granted for any disease

diagnosed after discharge, when all the evidence, including

that pertinent to service, establishes that the disease was

incurred in service. 38 C.F.R. § 3.303(d) (2002). Certain

diseases shall be granted service connection if manifested to

a compensable degree during a presumptive period after

service. 38 U.S.C.A. §§ 1112, 1113, 1137 (West 2002); 38

C.F.R. §§ 3.307, 3.309 (2002).

Multiple sclerosis may be service connected although not

otherwise established in service if manifested to a degree of

10 percent within 7 years from the date of separation from

service. 38 U.S.C.A. §§ 1101, 1110, 1112, 1113, 1131, 1137

(West 2002), 38 C.F.R. §§ 3.307, 3.309 (2002).