Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

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

Rate this question


1lonewolf

Question

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

Link to comment
Share on other sites

  • Answers 90
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I finally have my BVA hearing via video conference on Feb 22nd. I will keep everyone posted on how that goes as well as the decision. There are apparently allot of cases very close to mine out there and several awards. I will keep a positive attitude and continue to update my post so if anyone else has secondary issues due to abnormal gait/SC injuries they will have a complete set of information on what I have had to do. Thanks for everyones support!

lone,

Try to stay focused on the issues being considered and the evidence that support these issues.

It is of utmost importance to point out ALL evidence that rebutts the reasons for prior denials.

Good luck - update us when you can.

Link to comment
Share on other sites

Lonewolf....Just to let ya know, I been keeping an eye open for any new episodes(lol) on your conditions. I'm more or less in the same picture as you are, even with the newly dx of sleep apnea (Central). Dr believes the cause is the opiates I'm on. Its in the serious range of 87.4 per hour. I take it yours is obstruction type? Anyway, I been limping since 1976, and still are, even after my total knee replacement in 88". At least it's been noted in my med file at the VAMC.

Since then I've been dx'd with severe lower back problems, neck, shoulders and arms as well, including sciatica infringement involving my hip, butt, legs and feet.

I'm checking with my Dr to see if my bladder has any relation to all of this. For a while now, when I get the urge to go, it's like it comes on rapidly with full force. There's no pre-warnings.

I truly hope the conference goes in your favor Lonewolf..

Like I said, I'll be watching your posts. Best of Luck!!!

Coot

Link to comment
Share on other sites

Thanks everyone for the support and kind words. Focusing on the evidence and issues will not be a difficult task. I have 3 IMOs and plenty of evidence and I am taking a few witnesses. It still boggles my mind how one Doctor can be so obviously biased when evidence to the contrary is overwhelming both inside and outside the VA. As we all know the system is set up that way but I can only stay focused and hope that justice and right prevails this time now that is has been taken outside regional and upstairs.I will update everyone after my hearing and let you know how it goes.

Link to comment
Share on other sites

Hello everyone. I wanted to update my post and let everyone know that my Video hearing with the BVA went well. The Judge was very pleasant and seemed to see the evidence for what it really is. I was also able to reference those diagnosis by VA docs already in my Medical records that have always been overlooked at regional. She skipped my hips and went straight to my evidence and my back as if she knew I had everything already needed to warrant a decision. She said I want to skip Ahead and ask you a few questions if that was O.K. With me because she had reviewed my case and everything seemed to be clear. She referenced my IMOs and had an attitude as if she didn't need to hear allot because she had it right there in front of here. In one stack she had the bad C and P exam and in the other stack in front of her she had the 2 IMOs. She asked me were and who in my VA records had the same opinion as my IMO and I referenced those opinions. My DAV rep ask her to review my evidence and if the decision is not favorable to remand me for an IMO outside the VA to alleviate any doubt if she had any. She said she didn't think that would be necessary. Then she explained the process and told me I would get a transcript with a few months and that she would review my evidence and render a decision in 3 to 4 months. Everything seemed very positive from her perspective. Guess I will wait and see if Justice prevails finally but I can tell you that it is hard not to be anxious about it with as positive as the hearing went. We all know better than to do that but I feel it went as well as one could and I was well prepared and got everything in I needed to even though it was pretty short. She also ask the witness I took a question which also went well. You never have to prepare to tell the truth but I was prepared to reference some things that had been overlooked before but she already had those same questions for me so I didn't have to even bring them up. Just give her the answers. So in closing I would say that the overwhelming evidence and IMOs should be enough by VA law to warrant the decision that should have ready made at regional and by her demeanor I truly believe she felt the same way. I will update everyone as things unfold and we shall see. I was in allot of pain from having to wait two hours because the guy before me and his rep went long and she even apologized for that and told me she was sorry about that and could tell I was in pain from having to sit that long! We shall see if a wrong which has been going on for over 3 years is righted this time around but I can tell everyone it sure seemed positive to me. Of course I had everything required by VA law to refute the bad C and P and was prepared. Get your IMOs and make sure they are done by VA standards. I am sure that it what it takes but get 2 or 3. Even if the other 2 are not done to VA standards they will sure add credibility to the truth. I will keep everyone posted!!

Link to comment
Share on other sites

Just to let everyone know a Doc at the VA told me that the VA is sending out information telling Docs not to give anyone a favorable exam for conditions secondary to s/c conditions causing abnormal gait. I know this Doc and was even shown some of the info they are sending out. That is the system we are forced into. It is a shame this type of internal road blocking happens to us vets behind our backs but we all know it does. To bad we are not privy to this type of information normally as it should be brought to the light just to show how corrupt a system VA comp is. I will not say which Doc because I do not want any blow back or to jeopardize anyones job if someone from the VA monitors our posts but this is a fact. Of course I had to take my claim to appeal before this starting happening anyway but it is happening now and I saw it with my own eyes. There is no doubt why the VA has such a turn over rate in Doctors when they tie their hands and/or ask them to do the wrong thing instead of what the took an oath to do. This happens all over the VA in all departments from treatment to exams. Just a little information for my brothers and sisters who have service connected injuries secondary to lower limb injuries who are just starting this fight! Truth is truth and facts are facts.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use