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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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The SSDI award letter should be sent to support his pending claim and the VA will send him an authorization form in order to obtain the SSDI records.

But -has he received a VCAA letter yet?

Has the VA acknowledged the claim yet at all?

I s this hisfirst VA claim? HAve they given him a C file number yet?

SSDI records usually contain an independent medical opinion and can often help a SC claim.

It might be better to wait for some acknowledgement of the claim from VA first.Others will chime in on that.

His SMRs and any other VA documents are surely still in the SSA office that handled this award.

This is a good time to see if you can either obtain a copy of them from SSA or at least a few copies of their actual medical determination.

This is why they didnt send them to you from NARA- because SSA got them.

But I dont think SSA will copy the entire file for you.

I was able to get a few copies for a fee from them of specific VA records.

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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

Sully,

Does he have any current VA service connected disability's ?

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The SSDI award letter should be sent to support his pending claim and the VA will send him an authorization form in order to obtain the SSDI records.

But -has he received a VCAA letter yet?

Has the VA acknowledged the claim yet at all?

I s this hisfirst VA claim? HAve they given him a C file number yet?

SSDI records usually contain an independent medical opinion and can often help a SC claim.

It might be better to wait for some acknowledgement of the claim from VA first.Others will chime in on that.

His SMRs and any other VA documents are surely still in the SSA office that handled this award.

This is a good time to see if you can either obtain a copy of them from SSA or at least a few copies of their actual medical determination.

This is why they didnt send them to you from NARA- because SSA got them.

But I dont think SSA will copy the entire file for you.

I was able to get a few copies for a fee from them of specific VA records.

Odd thing is....we have NOT yet received his SSDI AWARD LETTER. We have only received a letter with his PRK number and I used this to login to the SS website. At which point, I saw his award amount. I am hoping to get the AWARD LETTER soon.

The VFW rep at Andrews AFB helped us file for his VA DISABILITY about 2 months ago (at least). We have not yet received the VCAA letter (or any other letter).

Nothing from VA on my brother yet at all.

This is his first claim and no C number.

We were not asked to provide medical evidence on his SSDI....we only filled out a bunch of questionaires. However, we did provide contact info for his doctors. Maybe they provided the evidence directly.

Wow....I had no idea that the SSA would obtain his SMR as well. For us....their process was quick and painless.

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Sully,

Does he have any current VA service connected disability's ?

Not yet. I filed for him about 2 months ago....for a single line item: Myotonic Dystrophy. However, this disease affects many parts of the body. I'm not sure if his claim should have been filed against each area of the body....rather than just one (myotonic dystrophy).

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Does he have a vet rep or NSO helping with this claim?

I suggest,when he gets a VCAA letter -to respond with the SSA award letter if he has it by then, and a statement on a TDIU form ( 21-8940 - Check Yes to number 18, and then refer the VA to separate sheet (with his C file number on it- they will give him a C file number on the VCAA letter)and explain his SSA is solely for the same claimed condition due to service.

The VA will ask for treatment records and send authorization formsa for the SSA records and all other medical records.

"We were not asked to provide medical evidence on his SSDI....we only filled out a bunch of questionaires. However, we did provide contact info for his doctors. Maybe they provided the evidence directly."

The VA needs his signed authorization for any private doctor's records.They will send the forms for that.

TDIU is paid at the 100% rate of compensation.

Have you contacted his neuro for a potential independent medical opinion yet?

His opinion can cover all disabilities stemming from the dystrophy as well as support the SSDI award that he is unemployable due to it and the IMO should contain clear references to anything symtomatic in his SMRs that shows manifestation of symptoms of this condition.

The IMO format is in our IMO form here.

It is important to get his SMRs for the IMO. I dont know what SSA would charge for complete copies or if they even would copy the SMRs if they are extensive.

His claim is just at the beginning of the process. There will be time to acquire these records.

Unfortunately the VA works MUCH slower then SSA.My husband's SSA award came in months after filing for SSA ( Same disability as VA claim)

His VA claim for the same disability however took 6 years.

Edited by Berta
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1. I still havent received the VCAA letter. I called them and they said, "expect it soon."

2. I will go to the SS office this week to get a copy of my brother's entire SSDI package to submit to the VA. They told me on the phone that his civilian cardiologist wrote a very strong letter.

3. GOOD NEWS (I hope). I received my brother's complete hard-copy SMR today (took over a year). I found ONE entry on 2 March 2005 where my brother was seen about his hands. I cant make out much of it....so I scanned it in for your assistance. I see words like "distal neuropathy" and "myotonia". But there are NO FOLLOW-ON appointments after this--which pisses me off. It is like they just forgot about him. He was actually directed by his supervisor to see the doctor in Japan and at Mt Home Idaho for his hands. But I only found the one entry.

Bad news: It looks like my brother told them that he has had this for 7 years (at that time). He states that he started noticing this at age 16. The computer font at the top says 1 year. The handwritten notes show 7x years. His ENTRY physical does not state anything from my brother or the doctors about his hands. Yet he admitted to this doctor in Japan that he started noticing this at age 16. His EXIT physical form, that my brother filled out, states that he has NO MEDICAL ISSUES (which SUCKS).

The VA will most likely argue one of two points (but not both): 1) He had this before he came in. OR 2) He did not claim to have this when he got out.

I'm not sure it really matters if he had it before he came in....because he passed the physical. I would also argue that the reason why his outgoing physical questionaire is blank, is because he was in a RUSH and very upset about being discharged (kicked out with 3-5 days notice). His mind was not focused on the importance of the document. Not to mention his reduced mental capacity due to his disease.

I have no idea where they (the VA) are going to go with this??

Any suggestions/thoughts?

Sully

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