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]

My claim has been reopened and is being reviewed/reconsidered for compensation based on new medical evidence I submitted. I will keep everyone posted on how things transpire. Looks like they are finally looking at it thanks to my DAV rep.

[LarryJ]

That is great. Please keep us posted.

[Berta]

YES!!!!!

Great. This is why we MUST carefully read the evidence list in a SOC carefully and then- even if they do acknowledge the evidence-they must opine on it in the narrative.

If the VA doesn't list something probative (such as an IMO) as evidence, this means they lost it, destroyed t, ignored it, or are too lazy to read it.

[1lonewolf]

Well the consensus is "To lazy to read it". I guess by immediately pushing out letters of denial without even looking at the case, VA medical Records and Doctors opinions, and new evidence submitted such as my IMO they get it off their desk eventually and on to someone elses. It was obvious to everybody who has seen reviewed my case that they did not look at my claim for first time other than the BAD C &P exam. It is more clear to me everyday that the regional offices are so overworked that they push out letters without reviewing anything most of the time. This is probably why most claims are awarded on appeal. Is there no checks and balances for these claims people at the regional level? I mean to say if they just push out letters of denial without review and then it get's appealed and goes to the next level, do they not start to look at the reviewer at the regional office as a problem or can he just continue to operate by not reviewing the claims like he should?? My guess is there is no fallout from what they do regionally and that is causing allot of delays for Veterans in need of compensation for service connected injuries like myself? At any rate I now await my next decision and pray that finally someone reviews it correctly. The funny part is the individual that has had my claim twice and denied it twice now said that someone else would be reviewing my claim above him?? Once again pushing it off with no obvious repercussions? That is surely part of the broken system if regional offices are denying claims as they are overworked? Either they need to change the way claims are processed or they need to add additional resources to handle our claims. Either way there most certainly should be some type of tracking throughout the whole process on the VA's part to insure that if certain people at the regional office and even Doctors who do C & P exams which continually deny and or delay obvious claims/awards that are truly black and white, then those individuals need to be replaced or taken out of the process in the future. Just like any other business right? If you continually do not perform your job duties as you are supposed to then you are either demoted, or written up until you are terminated! Anyway that is me venting on the whole monstrousity that is the VA claims process. It would just about guarantee that if they started looking at all these claims denied regionally that are won on appeal (I think the percentage is about 80%) Then the would most likely find were most of the issues exist. Why even have a regional office other than to delay and or deny claims? Has anybody had any luck using your senators and congressman on your claim when stalled or handled incorrectly? Just curious. I have been told that now I can most likely expect a low ball award as generally that is what normally happens in my type of situation. Anybody have any experiences with that type of approach from the VA? I am just wandering as I may need to prepare myself just in case. In closing I just saw a neurosurgeon and I was told the same thing. My back is surgically unrepairable and will only get worse along with my other issues. Although I have seen and received many medical opinions and they are all the same so now I cannot help but wonder how long I will be able to stand and/or walk before I cannot any longer? I guess I am pretty down right now but will my days on two feet and a cane outlast my VA claims process? Guess all I can do now is keep the faith and hope that the right thing occurs this time. Thanks for listening everybody and I look forward to comments and suggestions.

[1lonewolf]

Well I got my letter today and the regional office once again denied everything and severed my right hip award. Although I had an IMO from a reputable Doctor who has extensive knowledge of the VA and congressinal inquires by my Senator and Congressman, they still denied me. Their reasoning was another straigth forward excuse/push off. They essentially said that they were taking the opinion of the Doctor that performed my C and P exam (the Doctor who essentially did not perform the exam right, was extremely biased and even made fun of my cane, pulled the muscles in my ribs, and gave opinions using support from old literature) over My IMO Doctor who used recent credible new medical studies to support his. It just appears that is is another push off from the VA using standard boiler plate to keep from doing any true work. I was under the opinion that if a private Doctor who is credible and peforms an examination and gives an IMO conflicts with the VA examiner, that the Veteran get's the benefit of the doubt? Or is that just when you go to a VA board hearing on appeal?? At any rate I am confused and in a dark place over this mess. I guess it is not enough that I am almost housebound due to my conditions and that another Doctor refuted the VA Doctor's biased opinions and gave black and white Evidence to support his opinion. Any ideas on what my next steps are? Should I now appeal since they blew me and my IMO/Doctor off again on my reconsideration? Or is there other steps I need to take now? At any rate I will be sharing my response with my DAV rep and my IMO Doctor. I guess they will keep denying everyone until you appeal and go before a board?? That seems to be the process at this point to me regardless of an IMO from a credible Doctor. I seek your guidance once again my fellow Veterans as I am at a loss. Sometimes I just feel that I am cursed with bad luck not only because of this but also my medical issues. Issues directly caused by my Service Connected Injuries which is clearly stated in my VA medical records and in my IMO. Thank you in advance for your guidance and assistance, I look forward to your suggestions and comments.

[1lonewolf]

Well I was denied again and they basically said in the denial that they took the VA doctor's opinion over the opinion of my IMO Doctor. I was under the impression that if a private Doctor who is credible and performs an examination and gives an IMO that conflicts with the VA examiner, that the Veteran get's the benefit of the doubt? Or is that just when you go to a VA board hearing on appeal?? At any rate I am confused and in a dark place over this mess. I guess it is not enough that I am almost housebound due to my conditions and that another Doctor refuted the VA Doctor's biased opinions and gave black and white Evidence to support his opinion. Any ideas on what my next steps are? Should I now appeal since they blew me and my IMO/Doctor off again on my reconsideration? Or is there other steps I need to take now? I await any comments and advice on this second denial based on a reconsideration using new medical evidence. Thank you everyone for continuing to assist.