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Nod With 1151 Claim Included Other Issues


Josh

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Greetings Hadit Members,

Hope everybody took a few moments to honor our fallen comrades in arms yesterday.

I was going over my claim’s NOD and wanted to see what you thought about information submitted. At the very end of the claim, I wrote in the following remaining issue (among others). Do any of you think they look at this information,o or will I need to file yet another claim to move it forward?

Josh

Remaining issues:

Regarding other issues contained within the SOC in 2-16-2006.

I object to the examiner’s comments regarding cervical spondylosis noted as being “quite mild.” considering there are two disc herniations (C3-4 & C4-5) noted, These herniations resulted in protrusion of the nucleus pulposus with cord compression and effacement[1]. This is another issue entirely related to jumping of the back of a 21/2 ton truck while assisting my roommate return his TA-50 field gear while he was medevac’d resulting in “stove-piping” my back in the process.[2], [3], [4] This should be a direct service connection issue and I was removed from flight-line duty following this incident and reassigned to light duty the remaining time in service.

Hadit Members5302006

[1] VAMC Denver Radiology report, reference to C3-4,C4-5 disc Herniations Section 3, doc. 11

[2] Letter from Emil Puhak, Section 5, doc. 1

[3] Mom’s Letter, Section 5, doc. 2

[4] From Service Connection Claim for Damage due to Described Accident Section 5, doc. 3

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Hi Don,

Big story in your question but will add the entire NOD... The excerpt is at the document´s end.

Will try to add the unread MRI also.

This was a claim based on missed cerebral infection that resulted in multiple debilitating injuries as a result of a missed diagnosis.

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Don

Still trying to add the MRI that went unread by V Docs.. This image shows the indesputable error involved.

Josh

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Guest DON20906

Sorry, I failed brain surgery in school. Missed or misdiagnoses are rarely successful in 1151 claims, because you basically have to prove malpractice on the part of VA and they will fight it. Be prepared to buy some medical opinions, then wait while VA goes out for rebuttal IMOs. Like from Craig Bash. It's much easier if it's something obvious like they removed the wrong kidney.

Don

Still trying to add the MRI that went unread by V Docs.. This image shows the indesputable error involved.

Josh

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Guest DON20906

Do you have an appeal pending? Ask for a DRO review and submit the MRI report (the actual MRI should go into your medical records...C&P RVSRs aren't brain surgeons, either) as evidence along with your request. If no NOD, you have a year from the date of the rating decsion to ask for a reconsideration. After that, the MRI would become new and material evidence to reopen the original denial.

Sorry, I failed brain surgery in school. Missed or misdiagnoses are rarely successful in 1151 claims, because you basically have to prove malpractice on the part of VA and they will fight it. Be prepared to buy some medical opinions, then wait while VA goes out for rebuttal IMOs. Like from Craig Bash. It's much easier if it's something obvious like they removed the wrong kidney.
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Don,

You may have failed brain surgery in Med schooñp but the VA Docs who are supposed to be MD´s also may have failed.

This is clearly a 1151 issue and I will not lose as they WERE WRONG and tried to cover up the error and put me in the dirt ar the same time.

The state of Wisconsin had me listed as dead at one point and am clearly alive. Thank you very much for your support Did you used to work at the VARO in the past or what?

Josh

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Guest DON20906

What I'm trying to tell you is that your opinion, my opinion and the rating specialist's opinion don't mean jack to the VA on medical issues. You posting an image of your MRI on this board and stating it's prime facie evidence of "indesputable error" is ridiculous. You should get some competent representation.

Don,

You may have failed brain surgery in Med schooñp but the VA Docs who are supposed to be MD´s also may have failed.

This is clearly a 1151 issue and I will not lose as they WERE WRONG and tried to cover up the error and put me in the dirt ar the same time.

The state of Wisconsin had me listed as dead at one point and am clearly alive. Thank you very much for your support Did you used to work at the VARO in the past or what?

Josh

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Appeal is in process at this point, They now have all the information including the original MRI´s that were submitted. The problem is that they do not READ the information nor the suppoerting evidence unless they are hit with it multiple times. The pick and choose what to read and what to ignore. I willnot be ignored in this case as I had to leave the country to get IV antibitics. Was in a sheelchair for almost four years and a nursing home for almost three years and am out and able to move around with a cane again. although the nervous system is really messed up in the arms, hands, legs, feet and various other parts. There were multiple IMO´s resent in in this time and they have NO EXCUSE to deny this claim. I´ll grant you an 1151 is a hard road but when it happens, how is it different than being shot?

Do you have an appeal pending? Ask for a DRO review and submit the MRI report (the actual MRI should go into your medical records...C&P RVSRs aren't brain surgeons, either) as evidence along with your request. If no NOD, you have a year from the date of the rating decsion to ask for a reconsideration. After that, the MRI would become new and material evidence to reopen the original denial.
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Don

For the VA to deniy this claim would be for them to say all the medical data in textbooks on brain abscess on both imaging and laboratory results an is WRONG

That won´t happen.

Josh

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Guest DON20906

Good Luck.

Don

For the VA to deniy this claim would be for them to say all the medical data in textbooks on brain abscess on both imaging and laboratory results an is WRONG

That won´t happen.

Josh

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