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What Do You Suggest


Michellee
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Question

Well big yellow envelope came in today. WHERE DO I GO FROM HERE? WHAT MORE EVIDENCE ARE THEY LOOKING FOR? I DON"T UNDERSTAND> OK the reason for decision says that imo dr xxxxxxxx noted that i suffered a cervical spine injury which resulted in left foot drop with one hundred percent loss of use of the leg and cervical radiculopathy with seventy five percent loss of use of the right arm> Then they have medical physical statement filled out by VA doc where he states I have left foot drop. Then they dont mention my DDD and claim there is no evidence that I have loss of use of the left lower extremity. ?????? Then they don't mention the MRI that shows the spinal stenosis or cord injury and they also report that they obtained outpation treatment reports from the VA medical center that showed I just enrolle in the primary care clinic in March 2010. I am confused on that one I have been enrolled since Jan 98. I was medically boarded out from active duty for a Left foot Lisfranc Injury gone bad and from incorrect casting of the left foot. They immediately caught my spinal problems after I reported to the VA as soon as I got home. I fell in a 15 foot hole during the Gulf war. So that is how I sustained all those traumatic injuries. Getting back to letter they noted an error that Physical therapy had said I was able to ambulate 30 feet with use of rolling walker which was an error that I had to take up with PT and they said they would fix they meant 3 feet and not 30 feet and some how regional got the incorrect info and not the correction that PT made. They also note that I have descrepancies with the lenght of my extremeties. I guess one of my legs have become shorter which is a result of the continuos incorrect casting while on active duty which threw my hip out and today I have severe pain in my hip and lumbar. They keep citing that I dont meet the requirement of 38 CFR 3.808. When I do have loss of use my left foot. Also have loss of function of my left leg and have no effective functioning ability to ambulate with it. Maybe I can get my outside neuro doc to explain to them and do a nexus. Do you think that will help. Perhaps its not tied together because I have so many different things going on with my back and my left foot. I can ambulate without a wheelchair if I did I would be dragging it while using a cane and could only do it for about 3 feet. I find things stuck in it and don't even realize it was there, tacks, paperclips, little rocks under my foot sometimes. My left leg is ice cold when my right leg is nice and warm. They don't even mention my MRI that I submitted as evidence. Should I drive down to Regional its about 3 hours away. What should I do now? This is the second refile for this claim. I am getting tired.

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This sounds awful!

Are you claiming this for SMC consideration? It seems to me they should have given you SMC for loss of use of-

"Maybe I can get my outside neuro doc to explain to them and do a nexus. Do you think that will help"

It could help if the neuro knows what the SMC regulations require and if he/she fully supports the opinion with medical rationale.

Do you have a copy of the actual C & P to show the neuro doc?

"They don't even mention my MRI that I submitted as evidence." The MRI narrative could be critical to your claim.

You should ask for a Reconsidertion based on their lack of considering the MRI and tell them exactly why their decision is wrong.It would help if the IMO could become part of this request.

I wonder if they mixed you up with someone else???? due to that enrollment date mix up.

Since you are not too far from the VARO have you ever requested a face to face hearing? or can you get a rep who has an office in or near the VARO to help with this?

You could file a complaint with the IRIS system and ask them to CUE themselves-and state the exact errors in the Iris.

That worked for me in 2005.

Others might have better ways to approach this but it seems to me they overlooked critical evidence and used conflicting statements.

Can you scan and attach here the actual reasons and bases they stated ?

This decision is bizarre.

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Actually, she is trying to receive the $11,500 "automobile allowance".

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