hypertension I Cant Believe It

[betrayed]

I got SC 0 % for herniated disc C-6/C-7 and C-7/T-1 and Tiny facet hypertrophy at the C4-5 level resulting in mild neurol foraminal narrowing,

reason: no pain in my neck.

I got denied for TMJ,

reason: pain in my jaw is caused from pain in my neck.

I just had a thought that I have kinda played not on purpose the VA against itself :) Let me xplain . I have filed 4 claims,

Initial claim Jan 05 I year time limit to BVA is coming up in May

2nd Claim August 05 adjudicated last month.

Claim 3 and 4 asbestosis and PTSD just submitted Feb 06 and Today.

So in the adjudication of the initial claims DRO review I got SC 0 % for herniated disc C-6/C-7 and C-7/T-1 and Tiny facet hypertrophy is seen at the C4-5 level resulting in mild neurol foraminal narrowing,

reason: no pain in my neck.

In the adjudiication of claim 2 I got denied for TMJ, reason: pain in my jaw is caused from pain in my neck.

My NOD explains it all. Sorry I posted this the way I did, you are now reading the edited version. ...................but I had to go deliver some pizzas for 4 hours, and was in a hurry. its about the only job I can handle with my neck. Not really what I consider to be substantially gainful occupation

§ 4.16 Marginal employment shall not be considered substantially gainful employment.

NOTICE OF DISAGREEMENT

March 4, 2006

Department of Veterans Affairs

VA regional Office

Patrick V. McNamara Federal Building

477 Michigan Ave

Detroit Mi 48226-2591

Reference: (a) 329/214/lss,

1. I disagree with the following:

a.) Total Disability rating of 60%. I currently have the following:

Major Depressive Disorder 30%

Nephrolithiasis 30%

Tinnitus with Vertigo 10%

PFPS Left Knee 10%

PFPS Right Knee 10%

Gerd 10%

I believe my combined rating should be 70%.

b.) 30% rating for Major Depressive Disorder.

c.) Service Connection for Hypertension denied. In your reasons for decision you state I failed to provide Dr. Berry’s treatment records. Doctor XXXXX’s treatment records were provided to you on November 28th, 2005 with my request for a DRO review and should be a part of my C file.

Note: This paragraph is not part of my NOD . They stated in the answer to the DRO review for claim # 1 I have filed 4 they had my doctors records. These records were given to the VA by the DAV Geez I wish I had waited to mail it cause I didnt make these points. I am beggining to wonder if points in corresponce even matter to them. Medical evidence is it, doesnt matter what the veteran think or feels?

They

As noted in the treatment records I was put on medication for hypertension March 11th, 2005, which is within one year of discharge.

d.) Service Connection for TMJ denied. In your reasons for decision you state in my SMR it is noted in 1994 temporomandibular joint was found to be normal. I provided the dentist during my C&P physical a consultation sheet from an Oral Surgeon who states I have late opening click L TMJ and a reciprocal click on closing. He diagnosed the condition as Myofacial Pain Syndrome, and has internal derangement of LTMJ. You also state “His jaw pain symptoms are at least as likely as not caused by a result of his neck pain.” You stated in your SOC issued on 2/13/2006 in the reasons and bases for increased evaluation for a bulging disk “ consideration is given to demonstratable characteristic pain on motion” and “ the evidence does not show any clinical evidence of limitation of motion or painful motion” and ‘the evidence shows only slight subjective symptoms consistent with a Noncompensable evaluation”. In essence this means you say I have no neck pain, but now you say I do have neck pain and don’t have TMJ.

e.) Service Connection for Prostatitis denied. I will provide additional medical evidence.

2. As stated in my letter of February 28th 2005 I request a personal hearing in regards to all conditions previously claimed with the exception of Chronic Pain, and Chronic Sinusitus.

Copy to: DAV

Edited March 5, 2006 by FLHRCI