Myotonic Dystrophy 19 Months After Discharge

[Maj_Sully]

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

[Berta]

Yes -I see the same things you mentioned as well as W/u that was never followed through.

Also this reveals Dx impression of peripheral Neuropathy in addition to the Myotonia and distal neuropathy.

Is his SSA award solely for the condition he claimed with the VA?

[Maj_Sully]

Yes -I see the same things you mentioned as well as W/u that was never followed through.

Also this reveals Dx impression of peripheral Neuropathy in addition to the Myotonia and distal neuropathy.

Is his SSA award solely for the condition he claimed with the VA?

Yes...I get the idea from this ONE page that the doctor wanted to do some follow-up exams. However....he never did. My brother was also escorted by his supervisor to the hospital at Mt Home, ID (2 years later) for the same hand-issues. However, that visit was not documented or found in his SMR. I read through it twice now and found only the one page. I also found a mental health workup that was performed as a result of a "Command-Directed" psych eval. The results said, "no findings."

These two cases: hands and psych are both related to his disease.

I just got back from the local SS office. They would not provide us with ANY copies of ANYTHING. They said, that we should provide my brother's SSDI AWARD LETTER to the VA, and allow them to request the data. I asked specifically for the Doctor's letter, and they said, "no". Ridiculous.

BERTA, to answer your question....YES....SSDI was approved solely on the one thing that we are trying to get VA Disability for: Myotonic Dystrophy.

I'm still worried about two things:

1. We didnt file for his VA disability until April 2011. He was discharged in Dec 2008. That is over 2 years.

2. He told the doctors that he had this before he entered the service (although he never told his family and he was never treated or seen by a Doctor for it).

Sully

[Berta]

I'm still worried about two things:

"1. We didnt file for his VA disability until April 2011. He was discharged in Dec 2008. That is over 2 years.'

They will use the date of the claim for any retro entitlement date-if they award the claim.

If he had filed within one year after discharge, then the retro would have been to day after his discharge.

"He told the doctors that he had this before he entered the service (although he never told his family and he was never treated or seen by a Doctor for it)."

I dont see how the VA could have any evidence that this pre -existed service-and even if it did, he could raise the issue that his service aggravated this condition.

"He obviously was accepted into service with a clean bill of health."

When the VA is aware of an SSDI award they will send an authorization form for the compete SSA records.

They gave me only a few copies of my husband's SSA file when I was at the Corning office years ago-and VA eventually obtained his entire SSA file (which was mainly VA medical records they already had.).

Has he obtained a vet rep?

Has he considered this claim might require a strong independent medical opinion?

[Maj_Sully]

WOOHOO! It took TWO years to get approved.....but we just received my brother's disability rating from the VA. 100% TOTAL and PERMANENT disability due to unemployability....due to Myotonic Dystrophy.

The letter shows how much he was awarded as of April 2011, then COLA increases each January. It doesnt show what his total back-pay will be, but I figured it to be a little over $70k....with $2800 per month.

He is also receiving $1000 per month from Social Security Disability along with Medicare Part A and B. I'm not sure if this will drop with his VA money?

I now need to research what additional benefits he will receive. His letter said free dental and an ID card with commisary and exchange privileges.

Thanks everyone for your help and advice!

Sully