Va Not Committing To Diagnosis - To Deny Claim ?

[autumn]

i filed a claim and it was denied jan 2009. it was for MS while on active duty. at the time i didn't realize my c-file had zilch in it. i corrected that. all medical tests are in and not surprizingly the MS specialist will not commit to a diagnosis. all mimics have been ruled out. although he does want me to start on MS disease modifying drug injections soon.

so, i now realize that the VA will not commit to a diagnosis due to a disability claim thus they can and will continue to deny it. thousands of us vets i now know have & are going through this.

i'm in the process of trying to raise funds so i can see a non-VA neuro here in town. the National MS Society put me in touch with them. but that will take some time

question: what is the best course of action to get the VA to commit to a diagnosis? is this lawful that they can do this?

[carlie]

autum,

Welcome to Hadit. I will send a shout out to someone

with lots of knowledge on this.

carlie

[JamesBreckenridge]

MS is *very* hard to diagnose. There's a reason that we give it a seven year presumptive period after you leave active duty. File a request for reconsideration and include any new evidence you have so that you can keep that original claim with the effective date (I'm assuming day after discharge).

Maybe the VA doctor really couldn't diagnose it. I've seen MS cases where the vet complains of pain and numbness and tingling for years in service with no apparent cause, and then gets out and finally gets an MRI and a diagnosis of MS, and it turns out it was MS all the while.

If the VA won't diagnose you, get a private specialist to do it. We have to take the specialist's findings as equal in weight to our own doctors. Even better, if you let the private specialist review your service treatment records, he can render a medical opinion that not only do you have MS, but that the symptoms you expressed in service were early manifestations of the disease. That that stuff in with your claim ASAP, and keep your earlier effective date going.

MS is rated at 30 percent by itself by the way, plus any residuals.

i filed a claim and it was denied jan 2009. it was for MS while on active duty. at the time i didn't realize my c-file had zilch in it. i corrected that. all medical tests are in and not surprizingly the MS specialist will not commit to a diagnosis. all mimics have been ruled out. although he does want me to start on MS disease modifying drug injections soon.

so, i now realize that the VA will not commit to a diagnosis due to a disability claim thus they can and will continue to deny it. thousands of us vets i now know have & are going through this.

i'm in the process of trying to raise funds so i can see a non-VA neuro here in town. the National MS Society put me in touch with them. but that will take some time

question: what is the best course of action to get the VA to commit to a diagnosis? is this lawful that they can do this?

[Ricky]

Not much to be said on this post as James is an expert and has provided you the 100 percent solution to your question. The only thing that can be added is do as he has provided.

[Pete53]

Not much to be said on this post as James is an expert and has provided you the 100 percent solution to your question. The only thing that can be added is do as he has provided.

Good Luck and don't give up. Are you able to work?

[MikeR]

If you can afford the private specialist I always recommend that. It has helped me almost every time. MS can be brutal, have several friends dealing with it now.

[timetowinarace]

The advice given is good advice. I also had better luck with private specialist.

I have a question though. Can't an undiagnosed condition be SC when symptoms started in service? A rating would likely be low but it would be a starting point for SC untill a proper DX is made.

Just thinking out loud.

Compensation for Undiagnosed Illnesses.

Many Gulf War Veterans encountered problems when trying to prove that their difficult-to-diagnose or undiagnosed illnesses were connected to military service. This affected these Veterans' access to disability compensation.

In response, VA asked Congress for the authority to provide compensation benefits to Gulf War Veterans who are chronically disabled by undiagnosed illnesses. The 1994 statute authorizes VA to pay compensation for disabilities that cannot be diagnosed as a specific disease or injury, or for certain illnesses with unknown cause, including chronic fatigue, persistent rashes, hair loss, headaches, muscle pain, joint pain, neurological symptoms, neuropsychological symptoms such as memory loss, respiratory system symptoms, sleep disturbances, gastrointestinal symptoms, cardiovascular symptoms, abnormal weight loss, and menstrual disorders.

More than 3,400 Gulf War Veterans have received service connection for their undiagnosed or difficult-to-diagnose illnesses under this authority. Veterans from the current conflicts in Afghanistan and Iraq are also eligible for this special benefit.

Edited September 14, 2009 by timetowinarace