Va May Have Messed Up My Claim.

[sawgunner]

I filed for chronic pain as secondary to DDD in my spine and IT band syndrome in my hip for which I am service connected.

I have been to a shrink who has diagnosed me with chronic pain syndrome and has stated that it IS directley caused by my service connected injuries and goes on to talk about how it affects my life.

The VA has made contact with my twice in the last week on my 2 seperate pending claims. One is for GERD caused by years of medication used to control the pain for my injuries. I have a seperate nexus letter from another doctor who connected the meds to the gerd.

Here's where the trouble starts.

VA has the letter from the shrink listed as evidence in support of the claim for GERD and does not have the letter that is actually ment for that claim. They simply don't have it listed.

AS for my chronic pain claim, they DO NOT list the letter from the shrink as evidence for that claim. Further, they have scheduled a c and p exam for next week, and the exam is for an increase fore the DDD and left hip IT BAND SYNDROME, as it pertains to CHRONIC PAIN. In orther words.. It seems the VA thinks I am filing for an increase in my past claims that are already service connected.

That was not my intent.

My intent was to file for Chronic Pain Syndrome, for which I have been diagnosed. I plan on seeing a second psychiatrist for a second opinion and 2nd nexus letter and perhaps a 3rd nexus letter from my primary care provider who has also stated that my pain is chronic.

The letter written by the psychiatrist is an OUTSTANDING letter. Probably the best nexus letter I have evear recived.

The exam is for next week and I don't know what to do at this point.

Please help if you can..... Any advice?

[*Bergie*]

I filed for chronic pain as secondary to DDD in my spine and IT band syndrome in my hip for which I am service connected.

I have been to a shrink who has diagnosed me with chronic pain syndrome and has stated that it IS directley caused by my service connected injuries and goes on to talk about how it affects my life.

The VA has made contact with my twice in the last week on my 2 seperate pending claims. One is for GERD caused by years of medication used to control the pain for my injuries. I have a seperate nexus letter from another doctor who connected the meds to the gerd.

Here's where the trouble starts.

VA has the letter from the shrink listed as evidence in support of the claim for GERD and does not have the letter that is actually ment for that claim. They simply don't have it listed.

AS for my chronic pain claim, they DO NOT list the letter from the shrink as evidence for that claim. Further, they have scheduled a c and p exam for next week, and the exam is for an increase fore the DDD and left hip IT BAND SYNDROME, as it pertains to CHRONIC PAIN. In orther words.. It seems the VA thinks I am filing for an increase in my past claims that are already service connected.

That was not my intent.

My intent was to file for Chronic Pain Syndrome, for which I have been diagnosed. I plan on seeing a second psychiatrist for a second opinion and 2nd nexus letter and perhaps a 3rd nexus letter from my primary care provider who has also stated that my pain is chronic.

The letter written by the psychiatrist is an OUTSTANDING letter. Probably the best nexus letter I have evear recived.

The exam is for next week and I don't know what to do at this point.

Please help if you can..... Any advice?

You said you are SC'd for PTSD, and as such I believe chronic pain syndrome is listed under psych. Therefore, you can only be compensated for one psych condition, which ever one is the higher rating. The fact that they are willing to look at your hip and DDD means they are considering the source of the pain. I recommend that you stop taking your pain meds for 1 day prior to the C&P exam. I know it will be miserable, but you want them to see the profound impact the pain from these conditions has on your daily life. Remermber, they see you for about an hour and you have that time to convince them of your missery. Hang in there , don't sweat it, you'll do just fine in the C&P exam.

JMO,

Bergie

[sawgunner]

Thanks Bergie but I don't have PTSD. I went back and looked at my post to try to see if I said something confuseing to that extent but I can't find where I did.

I am rated at 10% DDD lumbar spine, 10% DDD cervical spine, and 10% IT Band Syndrome left hip.

[Vync]

I followed Bergie's advice for my C&P exams several months ago, but instead of one day, I stopped the pain/anti-inflammation/relaxers meds about a a week prior to my exam. When I got in there, I felt like the floor of a taxi cab and my range of motion was in the toilet.

If your shrink was VA and they listed evidence including VA treatment records, that pretty much is inclusive. I really wish they would provide a detailed list of evidence so that we could verify exactly what was evaluated. I think they skip that so that they can work faster and provide a vague assumption that all evidence was reviewed, which makes it harder to prove they skipped stuff.

[Berta]

This is definitely a ratable condition unless ,as Bergie said, it is part and parcel of a mental health SC condition.Not the case with you.

http://www4.va.gov/vetapp10/files1/1002123.txt

This BVA decision shows how they rate Chronic Pain syndrome.I used the have this same POA and I see the vet had only one month of active service.

I wish the case held more details but any search at the BVA under your condition in the BVA search feature will bring up more cases that could help you.

Buffalo VARO did something like this to me many years ago using evidence for the wrong claim.

Do you have a vet rep?

If I were you I would IRIS them and tell them what you told us here.

(IRIS is the Contact US form at the VA web site)

I would follow up the IRIS too with a letter (use the initials in the RE: of the last letter you got from them and put Attention to and those initials on the mailing envelope to the VARO).Use the initials in the Iris too.

Sometimes you have to explain things to them like they are ten years old.

Did you pay real money to prove the GERD is SCed due to SCD meds?

If they were NSAIDS, the VA would have probably granted SC for the GERD as they have become quite aware that NSAIDS cause GERD and have granted many claims for GERD without IMOs.

Edited June 11, 2010 by Berta

[alphahec]

I would just take copies to the C&P, and give them to the Doctor who will be evaluating you.