Appealing Muscular Dystrophy Claims Denial

[MDA]

I was given a medical discharge from the USAF because of a high enzyme count in my liver. I was asymptomatic at the time but now I have developed a limb girdle muscular dystrophy. The high enzyme count was found after I was already through basic training. I had never had any problems with my liver before and had completed a full physical before enlisting. I recently applied for disability and was denied on the basis of congenital or developmental defect. I have no family history of muscular dystrophy. The wording used in the denial decision is as follows: Muscular dystrophy is considered a congenital or developmental defect and therefore considered by law to be unrelated to military service and not subject to service connection.

Is there anywhere for me to go with this? Does anyone have any experience with this kind of ruling? Thanks for your help.

[retiredat44]

This is a very interesting thead for me. I have a claim with one of the issues claimed is for Myotonic Dystrophy... connected to my disabilities for chemical exposures and diseases from them,,.. also I had symptoms in the service of tremors... I have been seeing a VA neurolgist. I had a DNA test (for Dystrophy) recently (early January 2011), but they will not release the results until my next neurolgoy appointment in a couple weeks...

At my VA DRO hearing and subsequent additional evidence forms, I informed the the DRO hearing officer of the Tests for Dystrophy, and the results were supposedly avaivable 6-8 weeks after the test.

I get my Myotonic Dystrophy DNA results March 23, 2011. Not sure if they will help, but at least it might for maybe 2 or more of my 6 issues I have appeals for. I thought thye would have gotten the results before this (maybe the DRO did get them I don't know..), as I gave them persmission to get my records 100x over the last few years. The neurolgist would only give me my results in person, I don't know why...

They are no yes/no results, they have results with DNA, genes, and chromosones that have repeating sequences, with damaged and missing sections..

for somone to have MD, they must repeat at least 50x, between 50 and 500 is mild, over that is is moderate to severe... then there are damaged ones, etc.. due to several factors... to understand you would have to find a website with more detailed info...

some factors can be genetic, others can be damaged from environmental factors..

only a few days left to get some answers.. when one looses part of the ability to control parts of ones body, is terrifying, and finding answers is wonderful, especially when some people refuse to listen unless you cna had them a sceintific test result. Even though there are many witnesses to events, the results will be proof in stone..

Edited March 21, 2011 by retiredat44

[hueyman]

I think the VA is going to win this one. MD is a inherited genetic disorder. You need to check out web sites such as the MD association, Mayo Clinic etc. You dont get MD in a few weeks, it can affect you from birth,or show up in your teens,middle age or older.

[carlie]

I think the VA is going to win this one. MD is a inherited genetic disorder. You need to check out web sites such as the MD association, Mayo Clinic etc. You dont get MD in a few weeks, it can affect you from birth,or show up in your teens,middle age or older.

huey,

Welcome to Hadit.com

Under some certain conditions SC can be granted for MD.

Here's a portion of one of the links already posted in this thread.

"The criteria for an initial rating in excess of 30 percent for muscular dystrophy with mild limitation of motion of the neck, secondary to radiation treatment of Hodgkin's disease, evaluated as residual of Hodgkin's disease, have not been met. 38 U.S.C.A. §§ 1155, 5103A, 5107 (West 2002); 38 C.F.R. §§ 4.117, 4.124a, Diagnostic Code 7709-8023 (2004)."

[retiredat44]

I saw my neurologist, he said he has to research the test results.. and he spent the whole time taking tests..

The left sid eof my body is much worse than my right... until he does more consults and invstigations, he would not commit to any firm diagnosis...

My appointments and status are being changed from casual patient to a permantent see more often patient..

more meds are being prescribed to get my body involuntary movements under control...

so, they didn't say postively that I have or don't have Dystrophy... only that they are working on it..

I get my Myotonic Dystrophy DNA results March 23, 2011. Not sure if they will help, but at least it might for maybe 2 or more of my 6 issues I have appeals for. I thought thye would have gotten the results before this (maybe the DRO did get them I don't know..), as I gave them persmission to get my records 100x over the last few years. The neurolgist would only give me my results in person, I don't know why...

They are no yes/no results, they have results with DNA, genes, and chromosones that have repeating sequences, with damaged and missing sections..

for somone to have MD, they must repeat at least 50x, between 50 and 500 is mild, over that is is moderate to severe... then there are damaged ones, etc.. due to several factors... to understand you would have to find a website with more detailed info...

some factors can be genetic, others can be damaged from environmental factors..

only a few days left to get some answers.. when one looses part of the ability to control parts of ones body, is terrifying, and finding answers is wonderful, especially when some people refuse to listen unless you cna had them a sceintific test result. Even though there are many witnesses to events, the results will be proof in stone..