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]

Well I am still trying to decide what to do about my denial. I have so many appointments lately that I have not had time to think about it much really. On one hand I know I need to write a NOD but I am wondering if I get yet another IMO will that be considered once again as new evidence and will that allow me to ask for a reconsideration once again? I wonder since the last one IMO I submitted was to no avail. If anyone can give me some advice here I would really appreciate it. NOD, reconsideration with another IMO, or something other than that. What is the best approach for me now. I welcome any and all advice at this point as I need direction. Thanks to everyone in advance who responds to me. I really appreciate it.

[jbasser]

You need to get it out of the RO. They are blinded by the VA C and P and I think you need a fresh look at it. An Attorney would be the best step for you.

J

[john999]

Yes, this is the kind of claim where a lawyer earns their money. When the VA just digs in their heels and decides to keep denying a claim even when you have good evidence then hire the lawyer. I got my ratings by just taking what I got in my SOC's and working with various private doctors to rebutt each issue. I would concentrate on the rating that is going to get you IU or 100% on its own merits. Good lawyers who do this kind of work often know doctors who can write a report that hits all the buzzers and bells on the VA pinball machine. It is a game. Some of these VA doctors or QTC doctors just hate veterans. They think it is their divine mission to defend the US treasury from greedy veterans.

[VNVetwife]

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.

Berta, can you tell me what SOC and IMO ,and QTC doctors means .I have seen this in several different threads and didn't know what it meant. I'm fairly new to all this VA stuff.I wish I had a list or something to look all these adbreviations,because it gets confusing when reading something, not knowing what they mean.

1Lonewolf,,, Hang in there ,,don't give up,NEVER give up . Keep fighting these denials,as long as it takes ,but don't ever give up.......I hope and pray that everything works out for you . I will be praying for you ,and I want to Thank You for your Service to our Great Country. .........There's a few people in this country that don't appreciate the Freedom that they have ,and if it weren't for your Great Service and the Service that ALL Vets like you and Soldiers that put their lives on the line for us, to have our Freedom,then it is a shame that they are even working in the VA system.......Just remember,, 1Lonewolf ,,that there is MORE people that do appreciate your Service, than those that don't . ......Try not to let this pull you down,and make you bitter,,because you are a BETTER person than that women that made you lose your sc comp.......I'm sure you will triumph in the future !!!!!...........May GOD BLESS you, every day of your life.

[VNVetwife]

Berta, can you tell me what SOC and IMO ,and QTC doctors means .I have seen this in several different threads and didn't know what it meant. I'm fairly new to all this VA stuff.I wish I had a list or something to look all these adbreviations,because it gets confusing when reading something, not knowing what they mean.

1Lonewolf,,, Hang in there ,,don't give up,NEVER give up . Keep fighting these denials,as long as it takes ,but don't ever give up.......I hope and pray that everything works out for you . I will be praying for you ,and I want to Thank You for your Service to our Great Country. .........There's a few people in this country that don't appreciate the Freedom that they have ,and if it weren't for your Great Service and the Service that ALL Vets like you and Soldiers that put their lives on the line for us, to have our Freedom,then it is a shame that they are even working in the VA system.......Just remember,, 1Lonewolf ,,that there is MORE people that do appreciate your Service, than those that don't . ......Try not to let this pull you down,and make you bitter,,because you are a BETTER person than that women that made you lose your sc comp.......I'm sure you will triumph in the future !!!!!...........May GOD BLESS you, every day of your life.

1 Lonewolf ,,have you heard anything else on your claim ? Was just wondering ,I've been praying for you and for your sucess on all this ,that you get all that you deserve .I hopr you hear some good news . Keep hanging in there. Take Care and God Bless You.

[1lonewolf]

I thought since it has been awhile I would provide everyone an update. As everyone knows I got denied after submitting my first IMO to the VA and they did in fact sever my Hip award due to the bad eval. I went for a hearing with DRO and I feel that it went quite well. The testimony and evidence currently jn my file is pretty straight forward but it was good to get my own words out in front of a decision maker who has the power to make the right decision on my claim. I explained to the DRO that I was going to get another IMO even though I had already submitted one which was met with denial. It truly felt like he sided with me and said he would schedule me for another C and P with a different Doctor at the VA as he felt that I was not treated fairly. I went and obtained yet another IMO from an Orthopedic Surgeon with 36 years of experience. He also specializes in Occupational Medicine and often does evaluations for Workers comp, Social Security, and the Insurance companies. I thought I would go see a Doctor who has the right background and almost unbeatable credentials in this type of evaluation. I also knew that since he does not see Vets normally, I would get an unbiased opinion from an expert in the field. This was at my cost which I obviously had to borrow but I needed this not only for my claim but for my own sanity as well. When getting an IMO you never know what the Doctor will say and if he will be with you or against you in his opinions. I was really hoping he could tell me if there is something that can be done for my lower spine also. I received the IMO and once again it was the same as the first one as far as opinions go. He opinioned that my hips and my lower spine are a direct result of my abnormal gait and that there is no way that I could work in any job in my condition. it also says that this type condition and it's relation is common medical knowledge.. I would have to agree with that because it takes all of about 10 seconds to google this knowledge. I have submitted this IMO to the VA/DRO and I am awaiting the reaction/decision at this point. I wonder if they will schedule me for another C and P with a different VA Doc or will they make a decision based on this new evidence/IMO? I hope the latter is what actually occurs. If this does not refute the bad eval than I really do not know what else will short of a letter from every U.S. Senator and Congressman in Washington D.C. It is truly amazing how they can just overlook what other Doctors say and put your life into a blender over one Doctor's bad evaluation. Another interesting thing I would like to share is that I finally put in for my SSDI and it appears as if they made the decision on my claim in less than 10 days. They sent me a pain survey and when I called to ask a question the Disability reviewer that had my case said that he did not need my survery and that my case had bee fast tracked. I am still awaiting the official letter but from what I can understand from several others I have talked to including a SS lawyer, my claim was most likely fast tracked due to the severity of my conditions and approved. If that is the case here then that means Social Security took less than 10 days to approve me based solely on the same information the VA has in front of them. Now you tell me....... aint that a Hoot and a kick in the teeth at the same time. On one hand it gives me hope on my financial dilemna and on the other hand it makes me even more frustrated with the VA claims process. Especially since Social Security has received an abundance of claims due to the status of the economy and people leaving the work force. So in closing I once again thank everyone for your guidance and support as I continue on my quest for what is right. I will provide an update on my situation if and when I receive any new information. Hopefully I will have something positive to post next time.