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Denied Tdui And/or 100 % And I Am Almost Crippled!


1lonewolf

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I got hurt while serving during the Gulf War. They performed reconstructive surgery on both of my Feet(screwed them Together) This has caused me allot of pain and an abnormal gait for all these years. Now I have misalignement and degenerative arthritis in both hips which also catch and pop out every so often. I also have Degenerative Disc Disease, Degenerative Arthritis, 5 bulging discs, a pinch sciatic nerve, and facet syndrome in my lower back. I never went to the VA for treatment for over 19 years other than in 1997 when one of my feet broke and they had to redo it. When My hips and back finally got so bad I could not manage it anymore with over the counter Motrin (Which also caused me to have Barrett's Espophagus). I started going to the VA again. All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on my heels and the sides of my feet for obvious reasons. I am in constant pain and they have prescribed my morphine 60 mg a day and hyrdrocodone 10s 4 times a day. I have to go every 6 months for nerve burns in all five lower vertebra. I also take sleeping pills prescribed by them. I was told by all my doctors that this would only get worse with age and I am only 40 and can barely move now. There was however one very brash and rude older female doctor in Ortho who has always had an overall demeanor with me that my conditions are not related to walking on my heels and my abnormal gate. This is the same doctor who pushed bruised on me and sent my to Physical Therapy before she even knew what was wrong with my back or hips. She is also the Doctor who showed up to perform my C and P examination btw! I knew when I saw her that This was a waiste of my time and what she would do for my claim. Keep in mind that I was granted 10 percent for my right hip last Jan for Degenerative Arthritis and popping. This C and P exam was done by another Honest Doctor who followed procedure and code 38 regs. So here I am with the Doctor who treats all Vets like animals about to do a C and P exam on my back and left hip. She pulled the muscles in my right ribs during trunk rotation by grabbing my arm and extending me and she forced me to squat when I cannot and I cound not back up. Needless to say when I left I was hurting so bad I had to go home and take some med and lay down for a few hours. I hurt for over a week! I just got my claim back today and Not only was it denied but they took the 10 % away for my right hip. She wrote that my conditions were not related to abnormal gate. Not only that she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references. They can do and put whatever they want and put your life on hold. Now I have to appeal. Gait causes all kinds of problems! You can find evidence to the contrary as she has but there is plenty of information all over the internet to prove that. It is common sense. Now here I am appealing because of one doctor who should not even have a job treating Vets they way she is. I feel everyones pain and wear ankle braces and walk on a cane both issued by the VAMC! The letter I got today should have been and would have been 100% if it had not been for her and her plight to disprove and mistreat all Vets she treats or examins! Now my life continues to be on hold thanks to her and I have lost everything and can barely walk. I am mad as hell right now and disgusted. All those years I tried my best to not go to the VA and now here I am almost crippled, in constant pain even with the meds they give me, and alone. I cannot work as I cannot sit, stand, walk, or even lay down for any period of time. I sleep very little even with sleeping pills they gave me, and I am denied and they even took the 10 % they gave me in Jan 09 for my right hip. I welcome any and all replies, support, and even guidance. I am at the end of my rope, have lost everything, and I am a former Executive that is penniless and virtually crippled at 40. I have listed my current conditions below and will start my appeals process Monday. If I could move or walk or sit or do anything I would go back to work but now I cannot!

Pes Planus with Plantar Fasciitis, Bilaterally 10 %

Right Hallux Valgus Post resection 10 %

Lef Hallux Valugus Post resection 10 %

a few other feet conditions and resections that go into the descriptions above.

degenerative Arthritis Right Hip 10 % (taken away and severed as of today by the VA)

degenerative Arthritis Left Hip Denied

Degenerative Disc Disease of spine Denied

5 Bulging Discs Denied

Pinched Sciatic Nerve

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Facet Syndrome Spine Denied

Degenerative Arthritis Spine Denied

If I can make it through this with the VA I will use my education and everything else I have gained over the last 20 years as an Executive and Government Contractor to help every Vet fight these people for what they deserve. I will immerse myself in everything I can absorb and become a DAV rep. This is a travesty and now that I am going through it I can see just how vial this process is! Thank you to everyone on this board, my brothers in arms, for listening and replying!

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I got hurt while serving during the Gulf War. They performed reconstructive surgery on both of my Feet(screwed them Together) This has caused me allot of pain and an abnormal gait for all these years. Now I have misalignement and degenerative arthritis in both hips which also catch and pop out every so often. I also have Degenerative Disc Disease, Degenerative Arthritis, 5 bulging discs, a pinch sciatic nerve, and facet syndrome in my lower back. I never went to the VA for treatment for over 19 years other than in 1997 when one of my feet broke and they had to redo it. When My hips and back finally got so bad I could not manage it anymore with over the counter Motrin (Which also caused me to have Barrett's Espophagus). I started going to the VA again. All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on my heels and the sides of my feet for obvious reasons. I am in constant pain and they have prescribed my morphine 60 mg a day and hyrdrocodone 10s 4 times a day. I have to go every 6 months for nerve burns in all five lower vertebra. I also take sleeping pills prescribed by them. I was told by all my doctors that this would only get worse with age and I am only 40 and can barely move now. There was however one very brash and rude older female doctor in Ortho who has always had an overall demeanor with me that my conditions are not related to walking on my heels and my abnormal gate. This is the same doctor who pushed bruised on me and sent my to Physical Therapy before she even knew what was wrong with my back or hips. She is also the Doctor who showed up to perform my C and P examination btw! I knew when I saw her that This was a waiste of my time and what she would do for my claim. Keep in mind that I was granted 10 percent for my right hip last Jan for Degenerative Arthritis and popping. This C and P exam was done by another Honest Doctor who followed procedure and code 38 regs. So here I am with the Doctor who treats all Vets like animals about to do a C and P exam on my back and left hip. She pulled the muscles in my right ribs during trunk rotation by grabbing my arm and extending me and she forced me to squat when I cannot and I cound not back up. Needless to say when I left I was hurting so bad I had to go home and take some med and lay down for a few hours. I hurt for over a week! I just got my claim back today and Not only was it denied but they took the 10 % away for my right hip. She wrote that my conditions were not related to abnormal gate. Not only that she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references. They can do and put whatever they want and put your life on hold. Now I have to appeal. Gait causes all kinds of problems! You can find evidence to the contrary as she has but there is plenty of information all over the internet to prove that. It is common sense. Now here I am appealing because of one doctor who should not even have a job treating Vets they way she is. I feel everyones pain and wear ankle braces and walk on a cane both issued by the VAMC! The letter I got today should have been and would have been 100% if it had not been for her and her plight to disprove and mistreat all Vets she treats or examins! Now my life continues to be on hold thanks to her and I have lost everything and can barely walk. I am mad as hell right now and disgusted. All those years I tried my best to not go to the VA and now here I am almost crippled, in constant pain even with the meds they give me, and alone. I cannot work as I cannot sit, stand, walk, or even lay down for any period of time. I sleep very little even with sleeping pills they gave me, and I am denied and they even took the 10 % they gave me in Jan 09 for my right hip. I welcome any and all replies, support, and even guidance. I am at the end of my rope, have lost everything, and I am a former Executive that is penniless and virtually crippled at 40. I have listed my current conditions below and will start my appeals process Monday. If I could move or walk or sit or do anything I would go back to work but now I cannot!

Pes Planus with Plantar Fasciitis, Bilaterally 10 %

Right Hallux Valgus Post resection 10 %

Lef Hallux Valugus Post resection 10 %

a few other feet conditions and resections that go into the descriptions above.

degenerative Arthritis Right Hip 10 % (taken away and severed as of today by the VA)

degenerative Arthritis Left Hip Denied

Degenerative Disc Disease of spine Denied

5 Bulging Discs Denied

Pinched Sciatic Nerve

Well the obvious here is that you need to contact the doctors whohave been treating you and inform them of the results. Have them write Nexus letters that tie everything together. You have a year to file your NOD, but you need to ask for a hearing regarding the loss of the 10%, for this you only have 60 days. At the hearing you will be able to present evidence on your behalf to show that you do infact deserve the 10%, that the condition is related to your SC'd injuries. As for the doctor you can file a complaint at the hospital with the patient advocate, and at the C&P office you can as to speak to the director and lodge a formal complaint. Unfortunately it is to late to ask for another exam, nut the NOD will get you another exam. In the future if you file for additional injuries and you see this doctors name on your notice call the number and ask for another date, don't say it's because you hate this doctor just that you have other appointments on that date. Well, as I said file a 21-4138 requesting a hearing on the proposed reduction of compensation, take your time to gather the necessary documentation for your NOD, because you have a year for that.

Hope this helps,

Bergie

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What Bergie says.

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IMO, I would request another doctor ASAP. Seems that doctor has a hidden agenda, and I feel for you brother, I really do!

Get an MRI done as soon as you can. Request one thru your Primary Care doctor, x-rays alone will not show what is really going on with your back and your secondary issues related to your back.

Good Luck and DON'T GIVE UP, that is exactly what they want you to do!

B6

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IMO, I would request another doctor ASAP. Seems that doctor has a hidden agenda, and I feel for you brother, I really do!

Get an MRI done as soon as you can. Request one thru your Primary Care doctor, x-rays alone will not show what is really going on with your back and your secondary issues related to your back.

Good Luck and DON'T GIVE UP, that is exactly what they want you to do!

B6

Thanks guys, I am going to appeal. I have an MRI and several other doctors throughout my medical records over the last year at the Lexington VAMC who have stated that my issues are related to my foot injuries and my abnormal gait she even put copies of them in the evaluation. she ask me questions and did 3 range of motion tests and that was it. Then when I got copy of her report she had answered all questions for me in her own opinion and said that I was fine and that the issues were not related. Then she put in a few articles from the net she must have scoured talking about genetics and age and also a doctors article that say that he does not believe KNEE injuries causes back and hip problems! WTF?? My issues come from my feet? This doctor has many complaints against her for rough treatment of vets and seems to play a GODLIKE role in attempting to get any and all Veterans claims denied that she treats or evaluates. I did not know what was wrong with me when I started going to the VA and Doctors told me along the way throughout my appointments. Once I found out how bad a shape I was in and that it was so bad they cannot even do surgery on my to correct it, that is when I put in for my compensation increase. I ended up with a denial based on her evaluation and they took my hip rating away. I guess the VA likes Doctors like her as regardless of her bedside manor or demeanor in general, they keep her on staff. It is disgusting to say the least and I am in shock still. I wish I was not in the shape I am in but now this is were I am at and I have no other options than to fight for something I should have gotten without an issue today! Thanks guys, I welcome all guidance and comments. You guys and this group keep me going at the worst time in my life! thanks again.

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Hey Man hang in there the VA has some good docs but the bad ones spoil it for all of them. If you can do what I did list an outline from begining to the present. I took the outline or summary and had my entire medical records both civ and Mil and had it for the civ docs to look at. My little skirmish has gone on for over 10 years hang in there and be methodical with your case. IMO fighting with the VA for as long as I have I should be awarded a honorary para legal degree. My biggest help has been with Hadit.com. when I am frustrated or down all I have to do is read where another brother or sister veteran is getting ths shaft. All of us having same issues with the same bureacrats is sad but a way of life within the system. I can only tell you to keep pluging away at it and never give up hit them with facts case law and if possible get you some Civ Doctor or surgeon to look at your case sounds like you got your head on straight and stay positive. Adios and those that have stated altered gait will have contributed to your knees and hips and on up to your back are correct. Look up in the cases of Court of Veterans appeals lots of good sound information out there. Adios and you have got to stay on it I know this forum has helped me everyday I went online to gain some knowledge....

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Thank you oldman273, I have looked up several cases not exactly but close to mine in the Court of Appeals and several of them have been reversed and awarded! I will use some of these cases in my appeal. Thank you once again and everyone else for keeping me sane. Maybe there is hope in this broken system we are up against. It is ironic that you have to prove to the VA you secondary conditions when they are right there in your medical records. These people must only read the ranting opinions of the Doctor who does your examination and not the rest of your record and what all the other doctors are saying in support of it. I have never seen anything like it.

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I guess I will go back to my doctors at the VA and get them to write me a Nexus if they will. If not then I dont know what I will do. There is evidence of my condition and connection to abnormal gait on the internet but I have not yet been able to find an article or study written that I can use. Guess I will continue to look and hope I eventually find what I am looking for just in case the Doctors at the VA will not write me a Nexus even though they already have it in my records. Sorry for rambling, I am just totally lost now and trying to find my way back to the start.

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Lonewolf (I assume you aren't my cousin Lonewolf-Mashpee Wampanoag tribe ) Welcome here.

"These people must only read the ranting opinions of the Doctor who does your examination and not the rest of your record and what all the other doctors are saying in support of it. I have never seen anything like it. "

That is exactly what they do in many many cases and we here have all dealt with this crap for years.

You need an independent medical opinion from, a specialist in order to combat this negative decision.

Unless you mean by " what all the other doctors are saying" were,in fact, independent medical opinions.

Did they ignore those other medical statements?

Did those statements comply with the IMO format here at hadit?

You must fight the hip SC they took away-with medical evidence- and file the NOD on that ASAP.

Other cases at the BVA or CAVC wll not help your claim as your situation is specific to your evidence.

"All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on" etc

Every piece of documentation in your medical records can be copied and used to support your claim.

If they 'said' it -however I hope they documented it in the clinical record and the VA MUST consider it.

Was the severance proposal a separate letter?

If you have documentation from doctors in your medical records-that they totally disregarded -you could ask for a Reconsideration based on all of the evidence.

The reconsideration request however does Not stop the NOD year time limit for filing.

If you can obtain an IMO that supports your claim that is often the best way to deal with claims like this unless there is clear and irrefutable medical evidence documented in your medical records that would help you fight them through a reconsideration request.

The proposed severance part has to be handled differently in that this must be addressed ASAP by challenging their decision.

"she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references."

Use the exact citations within 38 CFR in your rebuttal (NOD or Reconsideraton Request) that match your medical evidence and raise any issue under the regs that was not properly followed such as ROM etc.-if that applies to you.

Whatever was Not listed as evidence in the decision was not considered.

They need medical documentation from the med recs to overcome that C & P exam.

Did you get a copy of the actual exam yet?

I found that the SOC will manipulate sometimes what the C & P results are.

That too can be an avenue of attack on the decision.

Do you have a vet rep helping you?

Edited by Berta
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Lone wolf, You have mail.

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I do have my medical records and there are several referances to abnormal gait in them from Podiatry, X-Ray, and MRI readings. I aslo have it in there from Pain management. I am working with a DAV rep for our area and he is a national officer in Louisville. The decision said he would also receive the information they sent me. The hip decision was in another letter as you said. I guess I need to appeal that asap. They stated that they made a mistake when they awarded me on my hip and were severing it. They got that information once again from the EVAL that the doctor did on me for my back. In her EVAL she said that I was fine and could not do physical work without limitation but that I could do sedentary work without an issue and then she went on to say that my secondary conditions were not related to my SC foot problems. She did whatever she could to refute me for absolutely no reason. She disregarded what she was supposed to follow and did what she wanted. She even had them do X-rays of my Knees and Ankles which I do not currently have a problem with yet but will eventually according to Podiatry. She even read my foot Xrays and gave her opinion on them as well. It really looked like she did everything she could to screw me above and beyond even what she is supposed to do and did not in the Exam. It is really disheartening to read and I most certainly never expected to have any problem after what all the Docs I go to have said to me. But that is what happened and now I have to fight something I should not have because of her and I do not know how much fight I have left in me. I will keep on trying just like everyone else because I do not have a choice. I can barely walk and I am always in Pain. I dont leave the house much anymore it seems. How can I work when I cannot even sit for anything length of time without being in intense pain and I can barely walk. My feet, hips and back are gone and they will only get worse with age! Thanks for the Breakdown, I will use the information for sure and the process outlined. I am interested to see what the DAV guy says on Monday! I will let you guys know and hopefully I can get my counter in for both instances as soon as possible using what I am learning here! I am sure there are others who have been through this under worse circumstances than me. I have been seeking those stories overall just to read them and see how things transpired to keep my sanity and my faith. Thanks again to everyone who continues to help me and offer me advice.

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anyone know of a good doctor I can go to to get an IMO in Kentucky? Please let me know. A special thanks to JBASSER for his continued help and support!

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I am trying to get my Primary Care Doc at the VA to give me a referral for an IMO. If I can get him to do it and it is approved the VA will pay for my IMO! Has anyone ever heard of this? Just wandering if it will actually work??

I am trying to get my Primary Care Doc at the VA to give me a referral for an IMO. If I can get him to do it and it is approved the VA will pay for my IMO! Has anyone ever heard of this? Just wandering if it will actually work??

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I am trying to get my Primary Care Doc at the VA to give me a referral for an IMO. If I can get him to do it and it is approved the VA will pay for my IMO! Has anyone ever heard of this? Just wandering if it will actually work??

From my experience I couldn't get my VA Primary Care Doctor to write said letter. He told me that the medical director has tied the PC Dr's from letter such a letter for veterans in that clinic. This is what I was told by my outgoing PC doctor that I was seeing on a regular basis which left shortly thereafter.

It took a letter from VRE stating that I was unable to work anymore because of my SC conditions. Once that happened, TDIU was almost automatic. Now bear in mind that this was with my case only! So you never know, you might want to see if you can be screened by VRE and see if they concur with you being unemployable because of your SC conditions.

Good Luck!

B6

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What is a VRE? Do you mean an IMO from outside the VA?

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Call a local attorney either close or In COrbin ans ask them who they use for SSA claims as IME DOcs.

This may help.

J

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Good idea, I will do that. I called a few other Ortho surgeons today for an IME and so far the cost is around $1200 to get one. I do not know were I can come up with that kind of money but I will have to do what is needed. I tried to put in a request to see if my PCP at the VA will give me the referral and get the VA to pay for the IME but I doubt he can do it from what I am reading and seeing now. I will let you know what happens on that request so everyone will know. I think I know what I have to do now for the most part and I will hopefully talk to my VA rep tomorrow. Here is what I am planning. Please feel free to comment or give suggestions.

1. Attempt to get my Doctors at the VA who have treated me and stated that my abnormal gait has caused my back and hips to be destroyed after 19 years. (long shot because I hear that most Doctors at the VA will not write a Nexus. I have confirmed in my records gait statements including sever lower leg muscle depletion/loss from my Podiatrist, PCP, and Pain management)

2. File an Appeal on my Hip percentage which is severed ASAP.

3. File an NOD/Appeal on my claim and request a new C and P exam by a different Doctor

4. Get an independent medical examination from an outside ortho related Doctor in support of my claim.

Q: Does anyone think I should ask the VA to reconsider based on my medical records. Most of the info is in there but I was thinking that would be a waist of time being as they did not read any of them to begin with in making their decision, just her Examination! Thoughts?

Thanks again for everyone's continued help. You guys are all I have to keep me going. I can only sit for about 3-5 minutes at a time due my back and hips but I will continue to check my email and this post frequently. So am I on the right track?

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According to my DAV rep I need to get an IMO/IME asap. This should change my hip condition rating being severed in 60 days and get my claim approved on appeal. Does everyone here agree that this is my best recourse to get this claim approved? It is going to cost me quite a bit of money but according to him it is the best approach to get everything taken care of in a timely manner. I will have to figure out how to scrape up the money to get this done. Does everyone agree with this approach? Please let me know. I was thinking of getting an IMO at the office listed below. All I can do now is pray that this is the right approach. Please let me know your thoughts on this everyone. Thanks.

http://theassessmentcenters.com/facility.htm

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According to my DAV rep I need to get an IMO/IME asap. This should change my hip condition rating being severed in 60 days and get my claim approved on appeal. Does everyone here agree that this is my best recourse to get this claim approved? It is going to cost me quite a bit of money but according to him it is the best approach to get everything taken care of in a timely manner. I will have to figure out how to scrape up the money to get this done. Does everyone agree with this approach? Please let me know. I was thinking of getting an IMO at the office listed below. All I can do now is pray that this is the right approach. Please let me know your thoughts on this everyone. Thanks.

http://theassessmentcenters.com/facility.htm

I would not appeal. Get the IMO and ask for a reconsideration based on new evidence (IMO). I did this and was service connected in 60 days and that was after 2 previous denials. Dr. Bash is the best.

I am service connected for ddd lumbar spine 20%, IBS 10%, fractued toe 0% and scar 0%.

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