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

[1lonewolf]

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

[1lonewolf]

I wanted to provide and update on my claim which continues to spin out of control. I have been denied once again and it clear in the denial that the original Doctor who started all this was directly involved in preparing this denial and report. This tells me that it is quite apparent that my claim is no longer about fair or evidence but more about the ego of one doctor who does not want to admit wrongdoing and a department covering for her to keep her from having to answer to all the complaints lodged against her for rough treatment. That is what this is all about. My last C and P exam which would have been fair is now another nail in my coffin as this Doctor got to my C and P Doctor which is also clearly stated in my denial. What started as a nightmare continues and it is apparent that my claim will never be decided fairly regardless of the IMOs I submit or the overwhelming evidence in my file. It is clear that in an effort to cover up a bad and unfair evaluation, the whole department is in bed together. This may sound like a conspiracy theory but If you read my denial I can promise you that not only is this evident but often referenced. A "Team" of Doctors including her and my C and P Doctor reviewed my claim and wrote my denial. Not a DRO rep but a team of Doctors from the Lexington VAMC to include my C and P Doctor, the department head, and the other Doctor mentioned previously. This is truly disgusting in my opinion and I can only wonder how many guys are going through this same situation and being met with the same denial using the same "Team" approach. It is sad when one persons ego or wrongdoing offsets the lives of Veterans who served without question and continue to be denied even when the evidence is present. The VA process is truly one of a kind but as we all know what has happened to me seems to be the rule more often than it is a unique situation. There needs to be a more direct and open process to review these types of biased approaches because it is not only apparent but obvious and should be stopped by someone above the regional offices when it occurs. Just my thoughts but I guess now I will put in my appeal which will most likely be another waist of time if this tact and approach are taken on it. Guess I should consider myself lucky and now I have a whole medical department who knows who I am but not because they are interested in my overall health but in covering their own asses and rallying to take care of and cover for their own. My claim will never be treated fairly as now I can count on a team to discount it and insure that one Doctor does not have to ever admit wrong doing. I wonder if I should even submit an appeal at this point. I am obviously in a situation that goes beyond the normal VA process and more focuses on what makes is so broken. Any thoughts? I am open to any ideas here and nothing will be deemed dumb or ridiculous at this point as now I am caught in a crossfire when all I ever really wanted is what is fair so I can try to live what is left of my life.

[Berta]

Can you scan and attach the actual decision here ? (Cover the personal identifying stuff)

What is the basis of the doctor's wrong doing? do you mean medical wrong doing?

Can you also scan and attach the C & P exam you mention?

"There needs to be a more direct and open process to review these types of biased approaches because it is not only apparent but obvious and should be stopped by someone above the regional offices when it occurs"

I had so many similiar problems many years ago that I asked for a VACO Administrative Review.

But I had a tort claim as wel as a 1151 claim goping at the same time and these claims were awarded prior to any Administrative Review process.

I do believe the administrative review I requested got some thumbs out of a few butts.A VA lawyer called me up from VACO and asked me what I wanted him to do about the review as they hardly ever get requests of this type.

I told him I needed him to teach the VA OGC and the RO how to read.

If you can get a vet rep or better yet a lawyer to support this type of request- it could help you but then again I dont know what really is the case here as to any wrong doing.

I had problems with a VA C & P doctor that led to 2 disgraceful SOCs, one put me into one of the darkest moments of my life

as I was fighting VA for a wrongful death claim and the C & P doc suggested my husband died from a cocaine overdose.

I had knocked down all their past ridiculous cause of death statements in the prior SOC but this one floored me.

I became very depressed and then I got angry- my husband was an organ donor and that requires an autopsy which I had sent to VA many many times at that point- and it included a full toxicology report.

Of course he didn't have any drugs in his system except for the meds from VA.

You need to check all available records (use FOIAS if you need to) to see just what this Team came up with on the denial.

The VA can stoop very low.

When I contacted the C & P doctor myself-furious at the lack of any medical basis for his cocaine statement- I found out that not only did the RO deliberately keep the autopsy from him ( they did this to the OGC doctors too) but he also had added to his C & P that an autopsy would have ruled out the cocaine statement.That shold have been put into the SSOC but of course they skillfully avoided it because I could have again submitted the autopsy to rebutt.

The C & P doctor was stunned (as well as VACO doctors) that they had been asked to opine on these claims without even any mention of the autopsy (which VA had ,in all, 12 copies of by the time these claims were awarded.)

He even sent me copy of the actual C & P report so I would believe what he said.

(I didnt know in those days we could request the C & P reports.)

Do you have a vet rep? Have you considered obtaining a lawyer?

I had a dumb rep and no lawyer regs were available when I had these problems above- and I now believe no lawyer would have put up with this deliberate VARO crap.

I fully feel you need a lawyer here if you dont have a good rep on your POA.

I can only base this on what you posted here and maybe the actual decision and C & P exam will reveal more.

I created a lot of waves at the local VA and my RO and probably some of their actions were for spite as they tried to continuously deny these past claims.But if one makes waves .they have to have a strong basis for their gripes and I had that.I knew the medical evidence would eventually outweigh the RO's deliberate and inaccurate denials (and it did)

When I claimed direct SC death in 2003, maybe why that is why it took them 6 years to award (at the BVA- as the RO refused to read any of my evidence ) and then another year fighting their attempt to keep my money (they failed to succeed.)

The BVA doesn't care about the spitefulness of ROs or even about their negligent way of reviewing our claims.

That is where a proper decision might come from in your case- as long as the medical evidence warrants it.

I sure suggest getting a lawyer at this point because this might be too much for a vet rep to handle.

Edited June 28, 2011 by Berta

[oldman273]

I wanted to provide and update on my claim which continues to spin out of control. I have been denied once again and it clear in the denial that the original Doctor who started all this was directly involved in preparing this denial and report. This tells me that it is quite apparent that my claim is no longer about fair or evidence but more about the ego of one doctor who does not want to admit wrongdoing and a department covering for her to keep her from having to answer to all the complaints lodged against her for rough treatment. That is what this is all about. My last C and P exam which would have been fair is now another nail in my coffin as this Doctor got to my C and P Doctor which is also clearly stated in my denial. What started as a nightmare continues and it is apparent that my claim will never be decided fairly regardless of the IMOs I submit or the overwhelming evidence in my file. It is clear that in an effort to cover up a bad and unfair evaluation, the whole department is in bed together. This may sound like a conspiracy theory but If you read my denial I can promise you that not only is this evident but often referenced. A "Team" of Doctors including her and my C and P Doctor reviewed my claim and wrote my denial. Not a DRO rep but a team of Doctors from the Lexington VAMC to include my C and P Doctor, the department head, and the other Doctor mentioned previously. This is truly disgusting in my opinion and I can only wonder how many guys are going through this same situation and being met with the same denial using the same "Team" approach. It is sad when one persons ego or wrongdoing offsets the lives of Veterans who served without question and continue to be denied even when the evidence is present. The VA process is truly one of a kind but as we all know what has happened to me seems to be the rule more often than it is a unique situation. There needs to be a more direct and open process to review these types of biased approaches because it is not only apparent but obvious and should be stopped by someone above the regional offices when it occurs. Just my thoughts but I guess now I will put in my appeal which will most likely be another waist of time if this tact and approach are taken on it. Guess I should consider myself lucky and now I have a whole medical department who knows who I am but not because they are interested in my overall health but in covering their own asses and rallying to take care of and cover for their own. My claim will never be treated fairly as now I can count on a team to discount it and insure that one Doctor does not have to ever admit wrong doing. I wonder if I should even submit an appeal at this point. I am obviously in a situation that goes beyond the normal VA process and more focuses on what makes is so broken. Any thoughts? I am open to any ideas here and nothing will be deemed dumb or ridiculous at this point as now I am caught in a crossfire when all I ever really wanted is what is fair so I can try to live what is left of my life.

Hang in there I am also going through same thing with a claim on my knees. I had a C/P by an orthapedic surgeon who stated that my knees were at least 50% related to my service connected injury and the VA got a "Nurse" to overrule the VA ortho surgeon. I fought it all the way for over 9 years remanded back to VARO which I got another hatchet job myself again. IMO are expensive but it is all you got to fight with but get a law firm to look at the facts us Veterans really do not have the ability alone let some of these people on the board look at the whole case and see if they can advise. Hang in there it will be better after you get a good idea of where you want your case to go. I hope this helped.

[1lonewolf]

Well I have submitted my Appeal and requested a BVA video conference. Does anyone have any idea how long that takes before you get one? My DAV rep says that even though there is solid evidence in my favor and the (Good at being bad) VA Doc has done everything to Stop me from what I deserve and what is right, I should have been awarded my claim as any time Doctor's disagree the Veteran should get the benefit of the doubt. I have obtained yet another IMO from my chiropractor to add to the pile making the total number of IMO's on my pile 3. One neuro-radiologist, one ortho surgeon who specializes in disability, and one chiro. This is the first time I have went to a chiropractor and The unfortunate issue is even though my chiropractor tries to help me I continue to go back to square one with any relief due to my abnormal gait mechanics and gravity. I did just get new shoes and leg braces which do help with my feet but give me no relief in my back and hipsI I have also obtained multiple cases from the VA appeals website which I will also submit and use in my appeal hearing. If in fact the Veteran getting the benefit of the doubt is true then I should get what I deserve after my hearing. Of course i will not count on it but I am trying to remain positive. If anyone has anything suggestions, etc.. please feel free to post them as I am an open book. The shock and awe of this whole thing never seems to be far from my mind but with the assistance and support of my fellow forum members I continue to stay the course!

Edited July 21, 2011 by 1lonewolf

[jbasser]

LW is this Doctor from Lexington VA.

?

[1lonewolf]

LW is this Doctor from Lexington VA.

?

Yes.