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!

[Wings]

Multiple Sclerosis (MS), Granted by the Board

http://www.va.gov/vetapp03/Files/0323909.txt

http://www.va.gov/vetapp03/Files/0329341.txt

http://www.va.gov/vetapp07/files1/0706115.txt

http://www.va.gov/vetapp07/files1/0707992.txt

http://www.va.gov/vetapp07/files3/0726299.txt

http://www.va.gov/vetapp07/files2/0712218.txt

http://www.va.gov/vetapp07/files2/0712218.txt

Benefit of the Doubt rules many of these awards for "presumptive MS".

*****SEARCH BVA http://www.index.va.gov/search/va/bva.html

Edited June 15, 2008 by Wings

[stillhere]

Well let me suggest a couple of things I would start by sending a request to NARA and get a copy of his records medical and sevice. You mentioned the DR. treated him before discharge and suspected MS he may have written something in SMR Get those and then go over them very thourgh. That is a starting point. Of course if you find some mention there of the MS then you are home free.

Also these records you are requesting are totally different from the once at the VA medical center.

Good luck on your claim. if I have steered you wrong I apologise and I am sure someone else will come along soon.

Thank you husband for his Service.

[JoAnn]

First of all, welcome 57tom.

In my opinion you should file. You cannot receive benefits unless you file. Will you win you case? With the help of the folks on this site you have the best chance at it. Will the VA hear what you are saying? You say it long enough and lay it out historically for them they will have a good chance at it.

I learned the hard way and I tell everyone that is thinking about filing, get your records first! After the process starts you will not be able to get copies with ease. I have provided a link that will help you with getting the records:

http://www.archives.gov/veterans/

The next thing is to take the information that Wings gave you and learn the law. Learn what is required to be service connected for MS.

Finally, take all of your records, put them in historical order showing the evidence to prove your case. It is a lot of work. You need all of the civilian records and the military ones, plus statements and such. If you believe that you have the evidence to prove the disability and service connection in accordance with the law, then file, file, file!

You are the only one that can make the decision about filing. The folks here will help you along the way to make it easier and answer many of the questions that you may have. Bottom line is like Wings stated, use the law and the decisions to help you make your decision.

B) JoAnn

[57tom]

Thank you all for caring and taking the time to respond. I have already learned a lot so far.

1. The big hurdle I believe is that my husband doesn't remember any symptoms while he was enlisted. So the army medical records probably won't show anything.

2. He was hospitalized about 6 years after he was discharged and had ""major" MS symptoms - but that was in 1983 - and the hospital has destroyed ALL records from back then. (there is a 7 year window that VA allows) We have no records - I think I tossed all insurance records.

3.There was one private doctor that treated him when he had some symptoms in '83 but ALL his office records have also been destroyed because they are so old.

I think I would be able to get a letter from that doctor going off of his memory stating that he had discussed some probable symptoms during a visit or two that he had with my husband. (The doctor is an aquaintence of the family that we see ever so often over the years, so it wouldn't like a total stranger coming back to the doctor after 25 years and saying "hey, remember me....."

So that would be one letter from one doctor with no medical records to back anything up.

Do you really thing he should go ahead an attempt a claim? Solely based on the fact that he was gassed a few times during basic training in '75?

Again, I look to your wisdom!

[JoAnn]

57tom

I just read something about a class action lawsuit about toxins at many bases. The suit started at Fort McClellan. There is a list of all of the bases that were included in the suit. B)

Has anyone else heard anything about this?

I will try to find the info again and post it. Where did he go to basic? What year was basic? Lets see if we can help you build your case.

JoAnn

[JoAnn]

Found this on Ft McClellan. It is a presentation but you will get the idea. Ft McClellan and Camp Lejeune are mentioned specifically. I know there is more. I will keep looking. B)

https://www.1888932-2946.ws/vetscommission/...ides_5-9-07.pdf