Surgery To Correct Deviated Septum

[yelloownumber5]

I was denied deviated septum on a claim because of no evidence of trauma.

I had surgery septolasty to fix this deviated septum while on active duty, shouldn't I be able to claim deviated septum since it wasn't straightened out from surgery and still having problems?

Also I have contact with one person that seen me after I totalled a military van and had nasal problems since but I'm not sure what all they should say in the witness statement. They did come to the seen as I was on duty but just trying to ensure the VA doesn't dismiss this because all that is in my record is a bill from the Naval Hospital to Navy Legal who had them draw a urine and blood test for drugs. Nothing else was done except cleaned up and given some pain meds.

There is referrence to the car accident in my SMR but only by me telling doctors. Why would I lie about this accident 15 years before I even knew what a VA claim was? I also have a cateract that the eye doctor said is due to trauma or possibly can't remember the wording but it did say "X" amount of years ago. I guess they can tell about how long ago it was.

I am also SC'd for allergic rhinitis (0 %) but having a problem finding someone to give an IMO for this. Nobody has said yes or no, they just don't want to do it.........can anyone recommend a doctor for an IMO's other than Dr. Bash? Dr. Bash is stuck on his price that I cannot afford.

Thanks much,

Edited December 25, 2008 by yelloownumber5

[Rockhound]

yelloownumber5: Mild/moderate deviation and/or obstruction are relative terms, you must get a determination of the amount of the obstruction the deviated septum causes, the ENT medical opinion must state and use the criteria, at least 50% obstruction of both nasal passages or at least 100% of one nasal passage, otherwise your claim will be denied before you get anywhere.

Secondly, you will have to get the ENT specialist, whether it be from a IMO or the VA, that the rather than correcting the deviated septum like it was first believed, it in fact made the condition worse. An IMO would more likely be more inclined to see it your way, but they must support their findings with some sound medical reasoning.

Such as the auto accident that showed indication of facial trauma that was such that the truma to the nasal structure went unnoticed until the deviated septum was accessed and currective surgery was done, which was inicially thought to have corrected the problem, but in fact was only temperary, since the deviation returned and was now more severe and causing breathing difficulties due to the obstructed nasal passages by at least 50% of each nasal passage, and further that your sleep apnea difficulties are being directly affected by the obstructed nasal passages due to the deviated septum and the failure to access the extent of the trauma to the nasal structure when the injury to the facial area occured.

Something on this order, but the ENT can put in better in medical terms. Otherwise it does not appear you have any evidence to counter any of the medical evidence thus far you have provided. Look up the C&P examination for ENT and the one for Sleep Apnea, also the CFR rating schedule for these conditions, you will have a better understanding the criteria for which the VA rater must follow in his determination and what evidence you must provide to support your claim. You'll find links on this forum to all these sources.

Rockhound Rider

[yelloownumber5]

Rockhound,

Thanks I will see what I need to do.

I guess facts are facts and the only facts are the sleep doctor said my sleep apnea is primarly based off weight and my active duty doctor did note weight gain because I was not able to PT due to spinal issues so maybe I should go that route.

I know different angle and for this I will need a ENT IMO but they do say a "severly" deviated is most of the time from trauma. Mine was seen as severe but who knows.

Edited December 30, 2008 by yelloownumber5