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Denied For Secondary

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Geo4K

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Denied - Denied

I went in for a C&P on a claim to tie in my migraines and dizzy spells to the DDD of the C3/4/ or 5/6/7 (depending on the MRI or the VA x-ray) as well as radiculopathy of the left shoulder. My private doc wrote a letter expressing his opinion that my headaches and dizzy spells were in fact related to (secondary to) the injury I suffered on AD (it has been SC'ed). His words are "More Likely than not associated with the DDD". He sent me to a pain clinic and the pain clinic continues to treat me and they sent me to PT. I was surprised they lumped the migrains and dizziness together.

The VA denied me SC for both of these. They stated that I had a normal C-Spine X-Ray in November of 2005. Funny, as I retired in September of 05 and didn't have another X-Ray for 5 years after that.

They refuse to SC my dizziness and migraines to the DDD despite what my doc stated in his letter. What is my recourse here? Just thinking about this makes me sick. I thought that they gave greater credence to these IME/IMO?!?

Oh, my C&P exam was interesting. On a Saturday brief and conducted in the near dark - the facility was without power, the doc went off of some printed pages and she only seemed to make brief notes. She said she would put them into the computer that next Monday or Tuesday.

This is probably an awful letter. I am so upset that I can hardly type. I've been sitting on the letter since Thursday and have only now been able to type this. Sorry if I jump around.

I'll now make an appointment for a mental health visit. It is something that I have been putting off. My pain doc saw it - and mentioned it in her letter that I was probably depressed - I was trying to avoid the diagnosis, but am only fooling myself. I can scan the pain docs letter for you all - redacted info - in you'd like it.

Love to hear from you - GK

IME_for_the_VA_DDD_shoulder.pdf

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Let me see the actual decision, but I suspect that the VA did not have the xrays of the lumber spine, and the medical opinion as you noted should have supported the claim. If yuo have a copy of the C&P's I'll review them as well, and then see what needs to be done.

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They said they got the letter (IME/O) from my doc, but left it at that. Never mentioned his thoughts on my case.... and where they got that date for a C-Spine x-ray that I never had, is beyond me.

I think I had a real bad exam, in part due to the power outage in the entire VA facility. By the time my examiner put her notes in, several days had passed. I'll scan, and post later, Tuesday most likely.

PS: The local DAV is helping me.

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Attached is a copy of the We Don't Love You letter the VA sent me.

Can any of you suggest to me a "Why" they discounted my doctor's exam and opinion?

I am so totally frustraited right now - I really thought I had my ducks all lined up. They seemed to have really messed up what my intentions here were. The headaches are seperate from the vertigo, yet both secondary to the DDD. I few minutes of research will give all the probibility that they can be related to DDD. Eating Tums and pressing send:

Opps - had to break into three files due to size.round 3 results - redacted old word doc 1 of 3.docround 3 results - redacted old word doc 2 of 3.docround 3 results - redacted old word doc 3 of 3.doc

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Take the rating to your doctor and let him/her write a rebuttal to the VA findings. He needs to better state how the headaches and dizziness are connected to your service connected conditon. You can then ask for a reconsideration based on the new medical evidence.

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  • HadIt.com Elder

You do have your ducks in a row but the RO is plucking the feathers bit by bit just to make you appeal this decision so it will cost you additional time.

Sounds like a delay tatic so I would take Sharons advice as well as go ahead and write the NOD. You can ask for reconsideration, But if it were me, I would ask for reconsideration but have my form 9 filed out and ready to fly.

Your claim is not being taken seriously. It is time to bring in the issue of legal precedence at the next level.

Do you want to wait 2 years for a DRO and then another 2 for the BVA? 2+2=4.

Hang in there. Now is the time to get busy.

J

Edited by jbasser
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