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

[Berta]

Did the doctor follow the IMO criteria in the IMO form here?

Did he/she state that these conditions prevent you from working?

AN IMO at this point might as well cover the TDIU issue too.

[1lonewolf]

It was all more than covered in the IMO. The IMO was in the correct format and even included VA law. Interestingly enough my DAV rep inquired and come to find out what I had originally thought was correct. The new information was not even reviewed at all. Just a letter stating what I shared below. I had a feeling that the information and claim was not reviewed completely the first time as there was clear evidence in my medical records and it sure was not this time when I submitted the IMO! This has been acknowledge to a point by the VA and it took an argument in writing from my DAV rep to get it back on the table for a complete review as it was obvious that the information was not reviewed. It has been requested in writing that it be reviewed and re-opened and if they refuse than He has requested a hearing immediately! I will keep everyone posted on what occurs next. Thanks to everyone for their continued support.

[Pete53]

Good Luck

[carlie]

It has been requested in writing that it be reviewed and re-opened and if they refuse than He has requested a hearing immediately!

lone,

Sure sounds to me like someone (ummm, like your DAV rep) is just blowing smoke your way.

1) a review is one thing

2) a re-open is totally different and will require new & material evidence,if your most recent

IMO/IME evidence is considered in the review, then it will have already been considered

and you will be required to get even more - new & material evidence to re-open.

3) "and if they refuse than He has requested a hearing immediately!"

This is a friggen joke - as immediately will not be anytime in the near future,

you claim will get in a long line just like any other, he has no special powers or pull.

I'm posting the truth here for you to help lower you level of disappointment as I fully support

VBA claimants knowing the truth without holding back any punches.

jmho

[jbasser]

Lonewolf, Who is your POA?

If it is AL or DAV let me know. These folks should be with you. They have folks who can cut the red tape.

J

[1lonewolf]

I really appreciate the truth. I have learned throughout this process not to expect anything and that disappointment goes with the process. I will just have to wait and see what transpires and what the VA comes back with in response to the DAV reps letter, which I received a copy of today. It is clear though that they did not review the IMO I submitted as evidence in my request for a "reconsideration". An IMO I could not afford and a trip I was in no shape to take. I have learned as all of us have that there is no clear path here and that bad news is to be expected in most situations. All I can do is continue to stay the course and keep the faith that eventually the truth and right will prevail. I am grateful to have the wonderful folks at the DAV assisting me in this matter but I do understand what they are dealing with also. Maybe someday I can use what I am currently going through to help other veterans as you guys have and are helping me. Thanks again for the support and I will keep you posted on what transpires next.