Dermatologists....

[Sgt. Wilky]

Hello All,

I live in the Fort Collins, CO area, and I'm having a hard time finding a Dermatologist or Podiatrist willing to give me a nexus letter. None of the doctors that I have spoken with (actually, their receptionists) are willing to touch anything related to the VA. Here's my issue...I have a 'severe fungal infection' that I've been told is not curable. My SMR's state this, and I do have private treatment records since I've been out, which the VA has acknowledged. The VA in their infinite wisdom, stated that I didn't have this form of Athletes foot, but instead, I have hyperhidrosis. I read that and said to myself, "What the #$%^ is that?" I googled it, and I don't exhibit ANY of the major symptoms of hyperhidrosis. My feet do not sweat profusely, they don't stink to high heaven, in fact they're so dry, they crack and bleed, and I'm constantly putting lotion and creams on to keep them from bleeding. Anyway, I've tried everything, it's barely manageable. So, I now need to find a doctor who is willing to call the VA out on the carpet regarding their "diagnosis". The VA flat out lied in my C & P exam. Does anyone know of a Derm. or Podia. that is in Colorado or WY that has any expierence with this? And, can anyone tell me why there are no doctors willing to go against the VA?

Thanks!!

Sgt. Wilky

[71M10]

Sgt. Wilky,

I don't think it is a fear of the VA persay, but doctors in general get a little/ scratch that/ they get very nervous when people want them to get involved in a legal action.

First steps,

Is this the initial decision? Have you filed your notice of disagreement? You have one year from the date of the decision to appeal it.

Do not miss this deadline.

As for finding a Dr. You might check with some attorney's offices that specialize in soc sec, workers comp, or malpractice and see if they will tell you who they would suggest. A refferal from this source puts you in touch with a doctor that already does this type of work.

You might try universities with medical schools, the faculty/doctors at these institutions are not as timid (due to the tenure system).

Read the exam and test notes carefully, in some cases the C&P doctors are so wrong that they contradict themselves. Read the exam form for the type of condition you have (i believe all exam forms are on this site). Look in the clinicians guide (i found it on google), see if they did or didn't follow the rules listed there. If you are going the DRO route you might be able to get a new C&P exam during this process (if you are going direct to BVA GET an IMO) if you can make a covincing fact based argument on why the exam is wrong/insufficient.

Best of luck and best regards,

[john999]

71M10

Yes, doctors are scared to death of being involved in any legal question because they are afraid they will be called to testify. My private psychiatrist was called to testify in another state due to fact of an opinion he made that a patient should not have been discharged early from a local hospital. The patient killed herself. Now he is involved in wrongful death case.

[Pete53]

You might be able to find a Doc that Social Security Lawyers use for their clients. Just call one and ask if they would give you a Doc for IMO for VA.

[Hoppy]

I had a similar problem. The RO said the condition I had in the military was different than the condition I had after the military. I was denied without the benefit of a C&P exam Every time I had a flare of condition after my denial I went to the VA for treatment. I did not say anything about a claim. After the appointment I went to the records office and got the reports from treatment. Wouldn't you know it the VA treating doctors were calling my condition by the same uncurable diagnosis that they called it in the military. I pilled up about ten treatment reports from VA treatements after the denial and I submitted the reports and was service connected without ever having a C&P,

My suggestion is that you go to the VA for treatment and see if they call your condition hydrosis or a fungal condition. Do not say anything about a claim. However, make sure they are noting in the records observed symptoms that are occuring right in front of their eyes. If they do not say they saw observable symptoms the RO will not give weight to their statements. While at the appointment with the VA treating doctors it does not hurt to tell them that you did some research on line and you think it looks like a fungal infection. If you had an uncurable condition in the military all you need is a current diagnosis of the same condition. I doubt they could use an intercurrent post service injury argument for a fungal condition. However, I have seen RO raters try it and then lose on appeal. The current condition must meet the rating schedule requirement for frequency and severity. Treatment records can rebut a C&P exam. A big pile of treatment notes is very hard for a rater to ignore.