Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Denied Sc For Multiple Sclerosis Any Information

Rate this question


janajoe1

Question

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

Before you jump into an IMO, could you provide a bit more information?

1. Why was service connection for MS denied? What was the verbiage in the Reasons For Decision section of the Rating Decision?

2. When did you separate from Active Duty?

3. Do you have a confirmed diagnosis of MS?

4. When were you diagnosed with MS?

5. After separation from Active Duty and before the diagnosis of MS, did you have any medical treatment for "strange" neurological problems? If there was no treatment, do you have other objective evidence of some sort of strange neurological problem?

i am at the first denial stage for ms, i know about dr. bash are there any other imo doctors out there with experience at va protocol

thanks

Link to comment
Share on other sites

There are other IMO doctors out there, familiar with VA protocol bu Dr. Bash, as an MS patient himself, in my opinion, is the best bet for opining on this disability.

As a NeuoRadiologist he also is familiar with MRI results that could be critical to MS claims.

Although MS has a seven year presumptive period it often takes buddy statements as evidence of symtomatology of MS,along with medical evidence, to get service connection based on the MS presumptive period.

I used Dr bash for 2 IMOs and then I contacted a forensic pathology firm,

http://www.legalmed1.com/

Their opinion fee was slightly less than Dr. Bash's but I never got it as I was awarded based oh the IMOs I already had.

(2 from Dr. Bash and a freeby from a former VA doctor)

When the legalmed company above found out I had my award and the IMO had not been prepared yet, they refunded over half of my fee.

I felt they were very professional in finding the Cardio doctor I needed and I was surprised that they refunded the partial fee.

Then again I don't know what the opinion would have been but I did a run down on the cardio they picked and he was Top Notch.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

http://www.va.gov/ve...es4/1038254.txt

This BVA case show exactly what I mean about symptomatology.

The veteran had considerable lay evidence to include a buddy statement from a squadron member he served with, that BVA deemed as credible testimony as to his earliest symptoms of MS.

It is one of the best MS awards at the BVA, due solely to the veteran's proactive way of seeking evidence to support his claim, to prove his MS fell into the MS presumptive period, at least at a 10% level of disability.

With his SSA award for MS, the VA should grant this vet 100% SC.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • alexpainter earned a badge
      Conversation Starter
    • Lebro earned a badge
      One Month Later
    • catyvaz1 earned a badge
      Week One Done
    • AFguy1999 earned a badge
      First Post
    • AFguy1999 earned a badge
      Conversation Starter
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use