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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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My thanks are to YOU and every one else who served!

BTW I am a civilian. Everyone here helps someone in some way.

I just wanted to add that this is Golden!:

"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."

I don't know if this neuro doc is a private or Mil doc now but if he can do an IMO and make this point, it would be a Beauty!

His background medically sounds like it sure outranks any C & P doc the VA might use for this claim.

But I would wait for the VCAA letter first to see exactly what VA will want.

"Because he did not complete his first term, they even denied him unemployment (in virginia). Sad....just dumped him."

That is VERY unfortunate.

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Dr. Cohen was a cilivian (GS-type) when he led the Quantico clinic and is now a civilian neurologist. Here is his bio from his website:

"Michael Cohen, MD Dr. Cohen was born in Washington, DC, and grew up in Montgomery County, Maryland, graduating from Walt Whitman High School. He attended the University of Rochester, graduating with a BA with Distinction in English, and University of Maryland Medical School. He completed a full Internal Medicine residency at the University of Michigan, and Neurology at the Medical University of South Carolina, becoming Board Certified in both. He was recertified in Internal Medicine in 1999. He practiced Neurology in Prince William County from 1981-89, and then became the Medical Director of the Primary Care Clinic at the Naval Medical Clinic in Quantico from 1990- 2001. "

He went back to private practice in 2001 and his clinic is here in town. I was simply looking for a neurologist in town and lucked upon him.

Sully

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  • HadIt.com Elder

Many worry about what the VA will do but the truth is why worry until they do something wrong. They could get it right. What your Service Officer was concerned about was the VA places a little higher burden on those who has separated after 1 year. Your brother and 19 months should not be a problem to link his current diagnosis to service especially with the other information you have provided.

I would be very surprised if the VA turns this claim down. It still is up to you unfortunately to gather the medical information that supports this claim an d get it to the VA. If you have not he should apply for Social Security DIsability also.

Good Luck I appreciate your service and your helping another Veteran.

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Good news!! I just received a letter from Social Security for my younger brother. It says that his DISABILTY has been approved. I logged into their website and it says:

-----------------------------------------------------------------------------------------------------------------------------------

Our Social Security records show:

Your benefit type: Disability Your regular monthly payments are made on the: 4th Wednesday of the month Your current month's benefit amount is: $1036.00 This amount does not include any deductions you have, such as Medicare Premiums or payments on money you owe us (Overpayments).

The last year of work you reported was: 2010 The amount of earnings you reported for 2010 was: $30696

Our SSI records show:

Your SSI benefits are based on: Disability

These amounts do not include deductions you may have (like payments on amounts you owe us). They may change from one month to the next based on changes in income, living arrangements, and resources. Any changes reported on your record in the last 15 days may increase or reduce your next monthly payment.

--------------------------------------------------------------------------------------------------------------------------------

I need to call them tomorrow to find out for sure, but it would appear that his monthly amount is only $1036, because he lives with me (no rent or mortgage payment). I need to find out if it goes up, if he was to rent his own place. But...that is not why I am posting this information today. I wanted to ask a question:

Someone mentioned that if he gets approved for Social Security Disablity benefits, that this would HELP his claim for VA Disablity Compensation. If this is true, how do I get this new information to the VA? What should I send them? Do you think it will really help?

I have not received anything from the VA since initially filing for his benefits a while back....so they are still processing it.

Thanks all!

Sully

Edited by Maj_Sully
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Good news!! I just received a letter from Social Security for my younger brother. It says that his DISABILTY has been approved. I logged into their website and it says:

-----------------------------------------------------------------------------------------------------------------------------------

Our Social Security records show:

Your benefit type: Disability Your regular monthly payments are made on the: 4th Wednesday of the month Your current month's benefit amount is: $1036.00 This amount does not include any deductions you have, such as Medicare Premiums or payments on money you owe us (Overpayments).

The last year of work you reported was: 2010 The amount of earnings you reported for 2010 was: $30696

Our SSI records show:

Your SSI benefits are based on: Disability

These amounts do not include deductions you may have (like payments on amounts you owe us). They may change from one month to the next based on changes in income, living arrangements, and resources. Any changes reported on your record in the last 15 days may increase or reduce your next monthly payment.

--------------------------------------------------------------------------------------------------------------------------------

I need to call them tomorrow to find out for sure, but it would appear that his monthly amount is only $1036, because he lives with me (no rent or mortgage payment). I need to find out if it goes up, if he was to rent his own place. But...that is not why I am posting this information today. I wanted to ask a question:

Someone mentioned that if he gets approved for Social Security Disablity benefits, that this would HELP his claim for VA Disablity Compensation. If this is true, how do I get this new information to the VA? What should I send them? Do you think it will really help?

I have not received anything from the VA since initially filing for his benefits a while back....so they are still processing it.

Thanks all!

Sully

Sully,

First off he must be getting SSDI - not SSI, as SSI doesn't pay that high of an amount each month.

His $1036.00 is based on the amount he paid in (thru employment) of the last so many quarters he worked.

His bills have nothing to do with how much SSDI pays him. This is now a set amount for him from SSA

and will only increase by way of a COLA, perhaps in the future. This is usually a minimal amount something

like 15 or 20 bucks a month.

If his SSDI benefits were granted due to some SC'd disability's this MIGHT help his VBA claim.

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Sully,

First off he must be getting SSDI - not SSI, as SSI doesn't pay that high of an amount each month.

His $1036.00 is based on the amount he paid in (thru employment) of the last so many quarters he worked.

His bills have nothing to do with how much SSDI pays him. This is now a set amount for him from SSA

and will only increase by way of a COLA, perhaps in the future. This is usually a minimal amount something

like 15 or 20 bucks a month.

If his SSDI benefits were granted due to some SC'd disability's this MIGHT help his VBA claim.

The SS website had a statement that said, "They may change from one month to the next based on changes in income, living arrangements, and resources." That is why I thought that MAYBE he would get more if he was on his own. But I plan to call them tomorrow and find out.

I'm more curious about how I can inform VA that SS has approved my brother for DISABILITY payments, based on his Myotonic Dystrophy and his current condition.

Sully

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