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]

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.

[1lonewolf]

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.

[Berta]

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 April 18, 2010 by Berta

[jbasser]

Lone wolf, You have mail.

[1lonewolf]

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.

[1lonewolf]

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!