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allan

8018 Multiple Sclerosis?

Question

With a claim for 8018 Multiple sclerosis, should a veteran file for MS only with no secondary issues?

I read that MS alone provides a 30% rating. My SO is claiming I would be better off to drop the secondary issues of fatigue, urinary, balance, bipolar, cognitive issues, etc until i'm rated for MS. Than file for the secondary issues.

It took 13 yrs to recieve a firm diagnoses and my claim for MS has been on hold for the last 5 yrs.

At age 62 I really don't want to spend the next 10 yrs fighting for secondary issues. He's saying it's hurting my claim from being approved.

I was sent for a C&P for other claims last May. While there the VARO asked the examiner to examine me to see if I have a neurological disorder while I have a current claim for MS before them to decide.

Shouldn't I have had a complete C&P examination of me and my records that show current diagnoses of MS and have the examiner determine if it's service connected or not?

The examiner sent a seperate letter that he discovered I had a neuro problem and should bring it to my PCP's attention.. No duh?

Sence they denied my claim again a couple weeks ago, should I request in my NOD to have another C&P asking the examiner to determine if my current diagnoses (they've finally reconized) is service connected, or does the rater determine that with their professional medical opinion?

Thanks for any replies.

Allan

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With a claim for 8018 Multiple sclerosis, should a veteran file for MS only with no secondary issues?

I read that MS alone provides a 30% rating. My SO is claiming I would be better off to drop the secondary issues of fatigue, urinary, balance, bipolar, cognitive issues, etc until i'm rated for MS. Than file for the secondary issues.

It took 13 yrs to recieve a firm diagnoses and my claim for MS has been on hold for the last 5 yrs.

At age 62 I really don't want to spend the next 10 yrs fighting for secondary issues. He's saying it's hurting my claim from being approved.

I was sent for a C&P for other claims last May. While there the VARO asked the examiner to examine me to see if I have a neurological disorder while I have a current claim for MS before them to decide.

Shouldn't I have had a complete C&P examination of me and my records that show current diagnoses of MS and have the examiner determine if it's service connected or not?

The examiner sent a seperate letter that he discovered I had a neuro problem and should bring it to my PCP's attention.. No duh?

Sence they denied my claim again a couple weeks ago, should I request in my NOD to have another C&P asking the examiner to determine if my current diagnoses (they've finally reconized) is service connected, or does the rater determine that with their professional medical opinion?

Thanks for any replies.

Allan

Allan, IMHO, Your SO sounds reasonable --and you seem to agree with him (in theory). I might "withraw" a secondary issue to hasten the Decision --but I would continuously persue the Issues that are most consistent with an MS diagnosis. In other words, I would not withdraw any Issues that are considered symptoms of MS. Hang in there brother. ~Wings

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allan,

If you have medically documented urinary incontinence due to the MS,

I would not drop that for sure, it comps out good.

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Thanks Wings. I already figured out my SO is probably in bed with the rating dept or used to work for them.

Trying to get it all turned over to an attorney right now.

Have one that wants to take the case for MS at the VARO level, but I already have one for my CAVC spinal claims I’ve had in for nearly 14 yrs. I don't know if I can have them both, if my attorney for the CAVC will handle the MS claim at the VARO level or what right now.

Need to get on the phone in the morning to find out before I sign this POA.

I am not dropping any MS secondary issues. I was already rated 100% total disability with MS for Pension considering all the secondary issues.

This last denial for MS was just like the others. They deny on the bases that I had no diagnoses in service of MS and absolutely refuse to look at symptoms while pretending to be medical specialists. They claim I had no visual problems while my separation examination clearly lists "visual defects" as one of them.

Color blindness, fluctuating vision and ocular inflammation is what my records show. Three yrs of four yr enlist medical records are missing so they didn't leave me with much.

However, to clearly state records were absent of "any" visual defects is a fraudulent statement.

If I were making such statements to obtain the benefits, they would lock me up.

Since their so called C&P for MS, consisted of a single question from the rater to the examiner of, " examine for a neurological disorder" , I’m asking for an adequate, complete exam for MS with opinion as to service connection or not and to review every symptom in service of MS

Last I checked raters don't carry an MD's license, There fore they shouldn't be allowed to carry more weight in their medical opinions of a complex neuromuscular disorder than Dr Bash. Especially if they do not know the symptoms of MS or that MS can be service connected on those symptoms.

We denied it because you didn't have it diagnosed in service is all they can come up with.

I cannot help thinking a good attorney can put a stop to this merry-go-round and take this stress away.

Thanks for letting me get this off my chest. I hope it helps other Vets trying to get their MS claims approved to see what I am going through.

Allan

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Thanks Wings. I already figured out my SO is probably in bed with the rating dept or used to work for them.

Trying to get it all turned over to an attorney right now.

Have one that wants to take the case for MS at the VARO level, but I already have one for my CAVC spinal claims I've had in for nearly 14 yrs. I don't know if I can have them both, if my attorney for the CAVC will handle the MS claim at the VARO level or what right now.

Need to get on the phone in the morning to find out before I sign this POA.

I am not dropping any MS secondary issues. I was already rated 100% total disability with MS for Pension considering all the secondary issues.

This last denial for MS was just like the others. They deny on the bases that I had no diagnoses in service of MS and absolutely refuse to look at symptoms while pretending to be medical specialists. They claim I had no visual problems while my separation examination clearly lists "visual defects" as one of them.

Color blindness, fluctuating vision and ocular inflammation is what my records show. Three yrs of four yr enlist medical records are missing so they didn't leave me with much.

However, to clearly state records were absent of "any" visual defects is a fraudulent statement.

If I were making such statements to obtain the benefits, they would lock me up.

Since their so called C&P for MS, consisted of a single question from the rater to the examiner of, " examine for a neurological disorder" , I'm asking for an adequate, complete exam for MS with opinion as to service connection or not and to review every symptom in service of MS

Last I checked raters don't carry an MD's license, There fore they shouldn't be allowed to carry more weight in their medical opinions of a complex neuromuscular disorder than Dr Bash. Especially if they do not know the symptoms of MS or that MS can be service connected on those symptoms.

We denied it because you didn't have it diagnosed in service is all they can come up with.

I cannot help thinking a good attorney can put a stop to this merry-go-round and take this stress away.

Thanks for letting me get this off my chest. I hope it helps other Vets trying to get their MS claims approved to see what I am going through.

Allan

Allan, Interesting question about the rules and reg's for having two attorney's, working on 2 separate claims. I had a recent IRIS response tell me that I needed to submit 'Appointment of Individual As Claimant's Rep.', VA Form 21-22a for "each new claim". I do not think VA reg's would prohibit hiring separate agents unless the Issues were inextricably intertwined: here I could see two attorney's butting heads.

Allan, Has the VA conceded/admitted into record a current diagnosis of MS? ~Wings

Notes:

See Ingram v. Nicholson, 21 Vet.App. 232, 256 (2007). Ingram made clear that the claimant's intent in filing a claim is paramount to construing its breadth, especially because "t is the pro se claimant who knows what symptoms he is experiencing that are causing him disability." Id.

See Colvin v. Derwinski, 1 Vet.App. 171, 172 (1991) (Board must consider only independent medical evidence, not its own unsubstantiated opinion medical judgment).

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[Allan, Has the VA conceded/admitted into record a current diagnosis of MS? ~Wings]

Wings,

yes the RO finally excepted the diagnoses of MS I have.

Now their playing games denying on the bases it wasn't diagnosed in service.

Dr Bash's IME stated he felt it was service connected due to in-service symptoms.

Service records are: Color blindness, fluctuating vision, a report that I had trouble with my eyes and a specific type of hearing loss he said links to MS.

I remember the eye trouble in basic. The eye socket was all inflamed and my eyes were blury for a couple weeks.

Separation examination was clearly marked,"visual defect" as one of the remaining defects. Also marked was color blindness.

They denied, stating Dr bash claimed the above and then said, " I had no visual problems in service"?.

They kept repeating, a claim for MS may still be granted if I can prove a diagnoses during or shortly after service.

Talked to my CAVC attorney office and they said , "no problem taking over the MS claim and all my remaining issues at the VARO level. I didn't think of asking him before. Thought he was handling the CAVC and thats all he was allowed.

It feels good to have it done by one law firm i've already signed the POA with..

**************************************

Notes:

See Ingram v. Nicholson, 21 Vet.App. 232, 256 (2007). Ingram made clear that the claimant's intent in filing a claim is paramount to construing its breadth, especially because "t is the pro se claimant who knows what symptoms he is experiencing that are causing him disability." Id.

See Colvin v. Derwinski, 1 Vet.App. 171, 172 (1991) (Board must consider only independent medical evidence, not its own unsubstantiated opinion medical judgment).

Ingram v. Nicholson I haven't read before. Bet the entire VARO staff handling my claim never has either or they choose to ignor it just like they do, (Board must consider only independent medical evidence, not its own unsubstantiated opinion medical judgment).

A rating officer can make up any unsubstantiated opinion that pops in their brain and call it "claim resolved for today".

With the illnesses I have, they can deny it another 15 yrs, i''ll be pushing 80 and never see a dime of it. (deny til you die)

The single question they requested the QTC examiner to answer last May for the MS claim was,"does the Vet have a neurological disorder"?

The examiner said he discovered I did. That's as far as the Rater cared to take it. Than they denied again on the bases it wasn't diagnosed in service and blew off Dr Bash's opinion as to symptoms. (NO DIAGNOSES DURING SERVICE)

Allan

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