Make A Claim For Infertility

[Jak]

Hi folks. I have an appointment with a VSO on March 17th and am trying to gather information and as much data as I can about claims. I am, however, stuck on a situation with how to proceed with proof and case for infertility.

Here's some background on me with this: I served in the army for 7 years. (1990-1997) Throughout this time, I had episodes of irregular bleeding. For instance, following a "Post run" (every unit participated in this), I had a situation where I had severe cramping w/bad back pain and was bleeding. Being newly married, I thought I was having a miscarriage. I was driven to the medical facility where they tested me for pregnancy and when my lab results returned negative, I was diagnosed with possible "pelvic inflammatory disease" or UTI. Which, by the way, was extremely insulting to me since my husband (whom I am still married to) was my 3rd and final partner so I don't or didn't consider myself to be a promiscuous woman.

So the above is an example of what happened to me the entire time of my service until the end when I finally requested to be seen by OB/GYN for possible infertility. Keep in mind that, well, I don't know a woman that would "request" this type of examination unless there were concerns. Anyhow, at my examination, once I mentioned that I had concerns considering my husband and I weren't taking precautions to prevent pregnancies that I wasn't sure if I could have children. The captain basically dismissed my concerns by telling me that my reproductive organs were all in tact. That was the end of that.

In 2002, I finally was referred to an infertility doctor and after having a hysteroscopy, tubal ligation and finally laparoscopy diagnosed me with severe endometriosis with lysis of adhesion on my right fallopian tube and adhesion of my left fallopian tube to my left ovary. My doctor then put me on depo lupron to cease six months of my cycle in hope that by giving my body a break that it would heal itself. The lupron didn't work and we discussed IVF as the only way I could conceive. I was 33 at the time. The process of diagnosis pretty much emptied my bank account. I'm sharing this information with you so that you'll understand that money was the only reason of delaying my IVF attempt.

It took me three years to save the money for the IVF treatment and costs. From 1997 to 2005, I went experienced anger, disapointment, guilt, basically, in general just a ticked off woman. I don't know if I have a claim for this. I don't know if it's even fair for me to say that had the military diagnosed me correctly, that my symptoms would've been treated and I would've been a mom at a much younger age. In 2006, my twin sons were born but at the expense of all aspects of my life. I've been told that children conceived thru IVF may also be infertile due to the forced process so, my sons may never have children. Or at least I won't know until they start trying. Imagine the mental and physical pain I went thru to have my sons and now add guilt on top of all of it.

What do you guys think? Do I have a claim? Do I stand a chance? Thank you for reading this. I look forward to your suggestions, comments and any advice you may have. BTW, I do have all of my records of "irregular bleeding" in my service record as well as all surgery and files from my infertility doctor. I apologize if I've posted in the wrong board.

[Jak]

If you have endometriosis and the nexus between your inservice diagnosis and a current one exist you have a claim.

Do not file a claim for fertility issues as the VA will most likely tell you they are not in the baby making business. Not trying to be cruel just letting you know the way the VA thinks - which most of the time is kinda crazy.

Clownman, I hear where you're coming from and appreciate your reply. I need to have every possible angle covered and have enough of an open-mind to see how others, especially the VA, would see my claim. I've done some search and though my final diagnosis was infertility, I would certainly never even try to peg the military for my inability to naturally have a child. I agree that's a stretch even for wishful thinking but here's where I'm coming from:

1. According to claims coding: I can make a claim for endometriosis if I have a laparoscopy report done. A couple of appealed cases demonstrated that though the military is not in the business to assist with forms of reproductive assistance, they do have the scope to diagnose and in cases that require medical attention to include medicine for treatment....that they do so.

2. My concerns of infertility got nowhere even when expressed by me and my records show a consistent history of irregular bleeding, pelvic pain, etc. At the time I was experiencing all of this, I had no knowledge of causes and symptoms of infertility so I trusted that since my reproductive organs were ireported intact that it was information trustworthy.

3. If there's a rating for it....it must be possible.

4. I stand to lose nothing to stand behind a claim that I believe to fair and documented. I've already lost, in essence, as I'll never have a daughter or another son.

Not meaning to sound guarded....I truly am grateful for your thoughts. As I've mentioned, every angle of attack is good for me to see and prepare for. Thanks Purple!

[Jak]

Is there some special circumstance that may have caused this infertility? The reason I ask is beacuse many Gulf War I vets I knew were having miscarriages when they got back as a possible part of gulf war illness.

Hi Mike, I served three rotations to Bahrain, Kuwait and Saudi but the rotations weren't technically deployed due to the Gulf War. I've thought about that and have even thought about being possibly "fried" as I was a communications jammer/interceptor and deployed with the Army High Frequency Electronic Warfare (Afhews) Anntennas. If I can't make a simple claim for endometriosis then I don't think I have a chance with microwave radiation even though I and several others had symptoms related to this type of radiation.

On top of all that, the AFHEWS system has been "boxed" so...proving the level of radiation would be almost impossible and therefore almost asking for a denial of claim. I've also known some vets that did serve with the same problems. Thank you for your thoughts...as I mentioned to others, every thought will help me think this claim thru.

[Jak]

Jak,

Here's a link to research PID claims at BVA level.

http://www.index.va.gov/search/va/va_searc...0&UA=Search

Hope this helps a vet,

carlie

Thank you Carlie! You can bet that I'll check it out further and maybe with the combined reports of the infertility doctor that I used, can determine if PID had any connection to what occured with me. I appreciate you!

[Jak]

Jak,

PID and UTI's are not always the result of STD's - there are

other ways to have PID and URI's, so don't you let anyone

make you feel bad about that.

With only one mention in the information you have posted here,

"I was diagnosed with possible "pelvic inflammatory disease" or UTI."

I do not feel you would have enough medical evidence for a grant

of service connection of the PID, URI's or infertility from adhesions.

You can always try to get an IMO or a VA doc to provide a nexus

in comparing your SMR's to your current disability, but I think this

one is a long shot.

Carlie, I truly believe that what I was diagnosed with was a common diagnosis that the TMC personnel thought most people would have. As I mentioned in another reply, I didn't know anything about infertility causes so I was treated with the famous aspirin for pain and sent on my way. But I as much as I know now about causes of infertiltiy I don't know anything about PID so your other link is extremely helpful. I was hoping you would chime in on this fertility thread and you came thru. Thank you again.

jmho,

carlie

[Jak]

§ 4.116 38 CFR Ch. I (7–1–04 Edition)

GYNECOLOGICAL CONDITIONS AND

DISORDERS OF THE BREAST

§ 4.116 Schedule of ratings—gynecological

conditions and disorders of

the breast.

Rating

Note 1: Natural menopause, primary

amenorrhea, and pregnancy and childbirth

are not disabilities for rating purposes.

Chronic residuals of medical or

surgical complications of pregnancy may

be disabilities for rating purposes.

Note 2: When evaluating any claim involving

loss or loss of use of one or more

creative organs or anatomical loss of

one or both breasts, refer to § 3.350 of

this chapter to determine whether the

veteran may be entitled to special

monthly compensation. Footnotes in the

schedule indicate conditions which potentially

establish entitlement to special

monthly compensation; however, almost

any condition in this section might, under

certain circumstances, establish entitlement

to special monthly compensation.

7610 Vulva, disease or injury of (including

vulvovaginitis).

7611 Vagina, disease or injury of.

7612 Cervix, disease or injury of.

7613 Uterus, disease, injury, or adhesions of.

7614 Fallopian tube, disease, injury, or adhesions

of (including pelvic inflammatory disease (PID)).

7615 Ovary, disease, injury, or adhesions of.

General Rating Formula for Disease, Injury, or Adhesions

of Female Reproductive Organs (diagnostic

codes 7610 through 7615):

Symptoms not controlled by continuous

treatment .................................................. 30

Symptoms that require continuous treatment

......................................................... 10

Symptoms that do not require continuous

treatment .................................................. 0

Thank you Sharon! I think we're on the same page.

[MikeR]

I'd be willing to bet your eggs were cooked, but it would be hell to prove it. I worked Commo for 5 years out of my 10.5 in the Army and know for a fact that a lot of the Communications equipment is extremely high powered and the amount of radiation and microwaves these personnel are exposed to is tremendous amount of it. There does not seem to be a lot of concern about the after effects. I have a couple of conditions that I know would be service connected, but I really don't want to deal with the aggravation and hassle of claiming them after this last fight is been on going for 11 years.