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Myotonic Dystrophy 19 Months After Discharge

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Maj_Sully

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Hello all,

I am a retired USAF Major with 90% service connected disability. My younger brother was involuntarily discharged in Dec 2008 due to several minor infractions (sleep disorder, cognitive issues, hands locking up, not following technical order manuals). He received two Article 15s in his first 5 years (on a 6 year inital enlistment). He was also Command-Directed twice to undergo psych review. His discharge was GENERAL with HONORABLE CONDITIONS. The Air Force put him out with 3-days notice....full out-processing then escorted him to the gate with a one-way bus ticket home. He had no where to go....so I took him in. He's been with me and my family ever since.

Shortly after he moved in, I started noticing "issues" with his hands and his cognitive ability. For example, one day I was leaving for work at 0600 and pulled the OVER-FLOWING trash can to the curb. I asked my brother to pull the trash can in later (as I drove away). When I arrived home from work that day, the trash can was pulled in....as I requested. However, it was still full. I said to my brother, "I see the trash company did not come today." He responded, "I dont know." I was puzzled....and asked a few more questions. I then said to my brother, "When did you pull the trash can in?" He said, "About 5 minutes after you asked me." Even though it was overflowing. I asked him to bring it in.....and he did. He didnt even think to FIRST allow the trash company to empty it.

This was his major problem in the Air Force. He could follow instructions exactly as stated....the way he learned it. But he could not adjust/modify.

Anyway....I brought him into a neurologist in July 2010 (19 months after his discharge). The doctor diagnosed him in 15 seconds with Myotonic Dystrophy. He did several other tests including a full genetic workup which definitively shows DM1, full-body, full-expansion, Adult-onset, Myotonic Dystrophy. The muscles in his hands, forearms and his triceps are almost non-existent now. His feet and calves are also very weak. He has fallen down the steps 3 times now (that I know of) and thankfully only broke his foot. His neurologist used to be in-charge of the Quantico Naval Health clinic, so he's very familiar with the military. He told us that everything that the military punished my brother for was directly related to Myotonic Dystrophy.

While in the service his supervisors ordered him to get his hands looked at 3 times for WEAK and LOCKING hands. He was a Munitions Maintenance tech. As I said earlier, he was also command-directed for psych evals. All tests were always negative. He was never seen by a neurologist. I have a copy of his digital medical records and they show his psych reviews, but not the HAND exams. I have requested his hard-copy medical record twice over the past 2 years, but they wont send it.

He did not have this before he came in the service (no symptoms that is). In fact, he was a very good cross-country runner. Now he has a hard time walking.

I just helped him apply for VA C&P last week. I hope they approve it.

I have not yet applied for an upgrade/correction to his discharge (up to full honorable). I plan to this week.

I have applied for Social Security Disability for him 2 weeks ago. I hope they approve it.

I was wondering if anyone has any advice?

Thanks!

Sully

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Thank you very much for your response. I really appreciate it.

It looks like I have a lot more reading to do, because I am a bit lost on all the acronyms: BVA, IMO, SMR, etc.

I requested and received his personnel record, which included information about his article 15s.

I requested and have NOT received his service medical record. I requested this from the national archives and air force.

I brought my brother to Andrews AFB on 5 April, to meet with the full-time VFW rep (who works in the D.C. VA bldg). This individual does ALL the paperwork, along with a power of attorney. He filed my brother's claim with just one "issue" listed: Muscular/Myotonic Dystrophy

I assume that his civilian neurologist would be willing to fill out the IMO documentation (whatever that is). I'll have to pay him....but I'm sure its worth it. My brother is already being seen D.C. National VA Hospital....due to low/no-income. He has a Primary Care Manager (PCM) there, and neurologist, cardiologist and optometrist. Maybe they can do some paperwork?

I dont know what a 201 file is?

My brother has the exact name/rank of his old supervisors who ordered him to get his hands checked out (3 times). But his digital medical record has nothing in it about these 3 clinic visits. I was hoping that his paper-copy record had something in it. Do you think I should contact his old supervisors/commanders to get a statement about his hands and psych evals?

I dont know if he has sleep apnea, as he has never had a sleep study. I'll order one through is PCM at the VA. I was speaking of his excessive sleepiness (myotonic symtom). He was late to work several times.

Thanks again!!

Sully

The VA will SC this condition with evidence that establishes an inservice nexus (link)

This is a 2009 BVA award for Myotonic Dystrophy

http://www.va.gov/ve...es3/0920216.txt

In part:

“In the instant case, the Board observes that Dr. Day's

December 2008 opinion does not address why the muscle pain

and/or stiffness experienced by the Veteran during service

was not due to the proximal causes indicated in service

treatment records. However, in reviewing the record in its

entirety, including Dr. Day's December 2008 opinion, the

Board finds the evidence to be in genuine equipoise as to

whether the Veteran's myotonic dystrophy, type 2, is

etiologically related to active service. As such, in

resolving all doubt in the Veteran's favor, the Board finds

that service connection for myotonic dystrophy, type 2, is

warranted.

ORDER

Service connection for myotonic dystrophy, type 2, is

granted, subject to the laws and regulations governing the

payment of monetary benefits.”

When I read this case -the IMO dctor's statement was lacking specifics and the VA had said therewas no inservice nexus.

It looked to me here that the BVA found ample evidence in the veteran's SMRs to warrant this award.

"have requested his hard-copy medical record twice over the past 2 years, but they wont send it. "

DO you mean his SMRs?

Who do you mean by "they" VA?

Or National Archives (NARA)

"I just helped him apply for VA C&P last week. I hope they approve it."

If this is his first VA claim-do you mean you helped him fill out a 21-526?

." His neurologist used to be in-charge of the Quantico Naval Health clinic, so he's very familiar with the military. He told us that everything that the military punished my brother for was directly related to Myotonic Dystrophy."

YES, that makes sense! Would he be willing to prepare a formal IMO that confirms to the IMO criteria here at hadit in the IMO forum?

"I have applied for Social Security Disability for him 2 weeks ago. I hope they approve it"

Yes me too- And when they approve this (I would think they will),then the SSA is good evidence for a 100% TDIU award from the VA.

Service records have to be poured over (I hope he can also get his 201 file)sometimes.

Doing that helped me with a few local vets-who also had some negative personnel stuff,which ultimately became evidence to support their SC claims.

It took me a great deal of time in these cases as these were the old poorly handwritten SMRs decades old and

I even needed my daughter's help (she was Vietnamese linquist-Cryto Intel USAF)

to decifer one of them.

Many I had to blow up on my PC before I could even read them.

In each case this decifered info from the SMrs, along with the actual SMRs , made it easy for these vets to obtain IMos and in one case the Vet's own VA doctor helped him with a nexus statement in light of the evidence we uncovered from the SMRs.

The sleep disorder-I don't know if that is medically associated with his condition or not but it looks to me if not- he still has basis for a claim on that issue as well if this is sleep apnea and he still suffers from it.

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Thanks again! Good case info....gives me hope.

I'm still concerned about the same two things that VFW was concerned with:

1) 19 month gap between getting out of service and filing claim.

2) My brother's comment about the 3rd grade swing set. Which really was a stupid comment....because it was an isolated incident and that could happen to anyone.

Sully

Although this claim was denied it shows how this type of disability (often caused due to heredity factors )can be service connected.

http://www.va.gov/ve...es5/0740418.txt

"He did not have this before he came in the service (no symptoms that is). In fact, he was a very good cross-country runner. Now he has a hard time walking."

The BVA narrative and references to established VA case law in this decision supports your point.

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I hope so....but I'm not a very patient person. And this process is ridiculous. At the same time, I'm trying to fight my own rating....but I wont muddy the waters with that.

If I had his COMPLETE paper & digital medical record......AND his COMPLETE paper & digital personnel record, then I could get somewhere. But I only have pieces.

I'm frustrated and tired.

Sully

"The fact is....there are two-types of Myotonic. Child-onset and Adult-onset. If my brother had child-onset, he would not have been a cross-country runner. He would not have graduated from high-school. He would be dead already. He has ADULT-ONSET Myotonic Dyst. "

A strong medical opinion -briefly educating the VA in the type of disability he has and highlighting the fact that he was fit for service would - hopefully -rule out any VA BS over when this disability began.

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a VA doctor said I have Myotonic Dystrophy,, I thought it was MS...

the DNA test came back normal.. my new VA neurolgist is deciding what to label me with..

it is one of the issues in my claims..

I am not going to say everything again I suffer from, because I posted so many times some people get angry for repetition..

I have the symtoms of several neurolgical diseases and have been both been ridden and in a wheel chair for extended periods and severe muscle wasting with shaking tremors and jerking.. at this perent time I take a couple meds and walk with a cane... I also gained my weight back after lots of physical therapy and medicine..

I am in the appeals stage for my claims..

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Sully the VFW rep was pointing out concerns that show me he knows what he is doing-(looking for the landmines is what I call it)-the most possible reasons they could deny the claim.

But VA SCs stuff that happened decades ago and they MUST have clean and convincing evidence to rebutt a finding of soundness upon entry to service.

How long ago did you request his SMRs (Service medical records ) from NARA.

Has he applied for SSDI benefits? SSDI obtains the SMRs as well as VA will as soon as they begin working on his claim.

"

. I was hoping that his paper-copy record had something in it. Do you think I should contact his old supervisors/commanders to get a statement about his hands and psych evals? "

That,in the long run , could be VERY beneficial.

He will receive within a few weeks or months a letter with IMPORTANT REPLY REQUESTED on it's header.

This is called a VCAA letter and will tel you exactly what info will be needed for his claim.

"I assume that his civilian neurologist would be willing to fill out the IMO documentation (whatever that is). I'll have to pay him....but I'm sure its worth it. My brother is already being se...."

The chances are that no VA doctor will give him an IMO (Independent Medical Opinion) or document anything to help him at this point.In some cases they will but I sure dont depend on that.

I spent $4,000 for two separate IMOs (independent medical opinions) that revealed the same medical opinion that I had been telling the VA all along-with the same medical evidence.Perhaps his civilian doctor would charge a very low fee.

However I saw it as a good investment because I knew what the results would be-documented medical support for my claim-from a Real doctor[ and the BVA awarded me (BVA Board of Veterans Appeals- I had been denied at the RO level)

You have the 201 file if they sent you his personnel file-that is the 201 file.sorry for all the acronyms.

"I'm frustrated and tired."

Most of us here sure know that feeling!

They want us to give up and go away.

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Berta,

First off, I want to thank you for your continued service to your country and those who have served. Your assistance on this forum is invaluable and I'm sure has resulted in milions of dollars being awared to veterans, not to mention the medical care that comes with service-connection. Thank you!

Yes...the VFW rep has been doing this full-time for quite a while. He mostly does BDD claims.

I requested his SMR twice through NARA and Air Force. Once in 2009 and once in 2010. Dont recall the month.

I applied for his Social Security Disablity around 17 March 2011. I havent heard anything back on that.

I'll log into The Air Force Portal and lookup my brother's old supervisors/commanders. I'll have to put together some details for them to cite in their response/statements.

I was told about this VCAA letter from the VFW rep when I filed my claim. Odd thing is....I never received it. Hopefully I get the one for my brother.

My brother's digital medical record is only about 8 pages. So a IMO review should be easy. His personnel record is also very thin. He only did 5 years of a 6 year initial-term enlistment. Because he did not complete his first term, they even denied him unemployment (in virginia). Sad....just dumped him.

Sully

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