Finally, Dx & Sc & Ssd Granted For Ms

[Tbird]

Bittersweet does sound right. I am really happy for you, there is nothing worse than the doctors ignoring you, I hope you get that 25 year retro.

[Chuck75]

Obviously, over 20 years of retroactive compensation is an amount not to be taken lightly. (Ask Berta!)

I suspect that the VA hopes the appeals process takes long enough that they might get out of paying all of what is due, or the retro award occurs on somebody else's watch.

If I were in your shoes, and given the seriousness of MS, along with the other problems, including mis-diagnosis, etc., I'd seriously think about filing an immediate NOD at the very least. It also may be that your case meets the requirements for an 1151 claim and federal tort. (Mal practice - lawyer time!) Sometimes just the fact that the VA knows a good and effective lawyer is involved helps them to make more favorable and fair decisions.

Unfortunately, a lawyer does get a cut (at your expense) of the action. (Usually ~ 20% of any retro paid as a result of the lawyers representation. The VA charges the lawyer ~$100 as a fee for sending your money directly. Note that bona fide expenses can be billed directly to the veteran, and may be above the 20% set by law. Some lawyers include the expenses in the 20%. If you do elect to "hire a lawyer", make sure that the lawyer is registered and qualified to handle VA cases, and also practices in the federal district and appeals courts.

A comment, due to your statements-- "i still never had a VA neuro diagnosis me", and "VA neuro's dismissed those reports"

To me refusal to diagnose, and refusal to consider valid medical evidence is, of itself, evidence of refusal to treat and malpractice. Having the records to prove that such events occurred is a problem when it comes to legal action.

want to thank hadit.com and posters here who helped educate me regarding VA claims, etc.

the VA SC'd my MS recently after 24 years of mis-diagnosis and mis-med-labels. the C&P doctor took no time at all to diagnosis MS and write SC in his assessment. i still never had a VA neuro diagnosis me. WTF?! seriously, how crazy is that?

if not for this site it would never have dawned on me to seek assessments from non-VA doctors via my own savings. guess it was worth it. all of them diagnosed me with MS in short amounts of time. all VA neuro's dismissed those reports, and wouldn't help with getting them in my VA records. happy to say they treat me a little different now that the C&P/VRO granted a diagnosis of MS and SC.

even though the VRO and C&P stated my MS started on active duty 24 years ago they only sent a 2 year retro check. guess that is standard as now i will get my secondary MS issues tacked on and then request the full 24 years retro. plus their diagnostic codes have been incorrect for my spinal herniations and disease. so i'll file a claim for those issues too.

don't know what is in store now, but a bittersweet feeling exists that someone finally listened at the VA. no one wants this creepy MS stuff for sure. but to have it and get dismissed via VA health rationing just made it worse. and, many of us have to spend our own money and seek help outside the VA just to get the VA to do the right thing. [doesn't make sense to me at all]

many thanks to all veterans here and to Dr Bash, the PVA, and my non-VA neurologists and my MS support groups. Dr Bash clearly exposed the truth in my medical records that had been there all these years. Glad I found him, as i was never able to find a doctor at any VA that would write anything remotely in my favor...an that just flat weirds me out.

still work to be done but the main hurdle is behind me now...

mucho gracias to all

Edited November 29, 2010 by Chuck75