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Seeking Guidance From My Old Friends (And Hopefully Some New Ones)

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rentalguy1

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  • HadIt.com Elder

The folks who have been on this board for a while know me, and know what my last VA battle entailed. A quick rundown for new folks, or the old ones that have forgotten, though:

I am 90/ TDIU/ P&T since October 2008. I have not had any C&P's scheduled, and it is written in my last decision letter that no more will be scheduled. I've been around the VA long enough to know that what is written in that decision letter and a dollar will get you a cup of coffee, though. I have several conditions that are currently SC'd and rated. The list is:

Neurogenic Bladder - 60%

Intervertebral Disc Syndrome - 40%

Mood Disorder Due to a General Medical Condition - 30%

Sciatica - 10%

Left Knee - 10%

Right Knee - 10%

Hearing Loss - 10%

Tinitus - 10%

Left Foot Plantar Fascitis - 10%

I have moderate to severe central canal and foraminal spinal stenosis, facet joint arthritis, and degenerative disc disease in my entire lumber spine. I also have healed compression fractures at T-11, T-12, and L1. This has led to a foot drop on the right side that I have to wear a AFO brace for. I have a torn meniscus and sctretched PCL in the right knee, and "runner's knee" in the left knee. I have to take about 30 pills a day in order to function at a minimal level, and have been doing so for many years.

In the last 2 years, I have started to go downhill in many areas. The medicaations have caused me to have chronic abnormal liver enzymes and chronic gastritis type symptoms. I took a fall in 2010 when I tripped over my droopy foot and injured my right shoulder. Last winter I started developing sciatica on the left side, and last month I was diagnosed with bursitis in my left hip, which is every bit as debilitating as the back pain.

While researching on Hadit for a friends claim, I found a Fast Letter from 2010 regarding TDIU. It states that if a veteran is rated as IU based on a single issue, then that issue is considered a total (100%) rating for the purpose of assigning SMC - S. I am thinking about filing a claim for the S award based upon my IU for IVDS (the condition used in the VA's decision to grant me TDIU) and having a 60% award in addition. I am also thinking of filing a claim for a K award based upon the right side foot drop. Since I would already be filing, I am thinking I might as well ask for SC for the shoulder injury, hip bursitis, left side sciatica, digestive issues, and elevated liver enzymes. I would also seek a increased rating for the right side sciatica, due to the foot drop and possibly attempt to reopen a claim for GERD that they have denied a few times, but I almost got overturned on a DRO review in 2009 (they wanted to scope me for the C&P when the findings of that test weren't pertitnent to the rating criteria in any way, so I said no).

The thing is, I know I am already considered 100% P&T. I know I may get a schedular 100%, but I don't know if it would effect my P&T status. I know the additional schedular ratings would not increase my monthly compensation amount, but the two SMC awards would. However, I don't really need the extra money, since we are doing fine right now. My main points for wanting to do this is 1) I have legitimately earned the ratings, and feel I should be compensated for them, and 2) I want to have the digestive system, liver abnormalities, and GERD SC'd, because any one of them could turn into a life threatening condition down the road (should I die of a SC'd condition my family would still have some benefits).

My head is telling me to file these claims for the main reasons I just stated. My gut is telling me that I am currently off their radar screen and will be for a long time because of the OIF/OEF vets filing their claims, and the enormous backlog of claims that the VA is currently dealing with. Knowing that, my gut says to let sleeping dogs lie until they wake up on their own. In other words, my gut is saying when the VA decides that they didn't really mean P&T when they put it in writing, and call me in for a C&P, I could file the claims then. What do you guys and gals think? Go for it, or leave it be?

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Hello Rental,

I would document very carefully any chest pain and tell the VA. I would also look into this carefully and QUICKLY. And I would do like John says and go outside the VA . The VA has a policy on getting a Veteran to Cardio. I had to fight them for 10 years on the IHD, CAD , Atherosclerosis problems. The VA finally got me to Cardio Fee Basis but it was AFTER I had my Myocardial Infarction. Until you blow up they will pretty much stick their head in the sand. Its all about the money. This is pretty standard for the VA.

Berta has much knowledge about their neglect and has alot to say about this also. Sorry you are having to go thru this ........ I also have an FTCA and Section 1151 filed because of this lack of proper and standard medical care. NEVER GIVE UP. God Bless, C.C.

Edited by Capt.Contaminate
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  • HadIt.com Elder

Rental

I am 60% for cardio and I have never seen a cardiologist at the VA even for my C&P exam. There is really only one way to determine if you have a serious problem with your heart and that is to have a heart cath done, and no way would I let the VA do that. As the Captain says "the VA waits until you blow up" but that is too late.

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  • HadIt.com Elder

Thanks guys. We're certain it's not my heart. I've had chest pains for several years, and have always had clean EKG's and bloodwork. Even as recently as two months ago. It almost always coincided with when my GERD is at it's peak. The few times that GERD isn't involved it was attributed to anxiety and panic attacks. This time it feels completely different. Very pinpointed pain that almost feels like a burning kind of pain along with mild/moderate pressure and shortness of breath. It does make me lightheaded and dizzy sometimes, and resting does not relieve the symptoms. Given all of that, and the fact that my liver panel and my mean platelet volume has been elevated for the last two years, the line of thought is drug induced hepatitis and drug induced secondary thrombocytis, which has likely led to a current pulmonary embolism. I don't have concrete confirmation of this, though. It's a daisy chain of events. First you blow a knee out and start taking high doses of NSAID's, then two years later you break your spine in three places and dislocate it at L5-S1. After a very short rehab (2 days, at my insistence) I was released back to full flight status, and I rangered on with the help of even higher doeses of NSAID's and non narcotic pain meds. Six months later I barely passed a MEB, but on the stipulation that I could prove my ability to continue the expected physical fitness levels the army demands. I ended up failing the next two PT tests and they mustered me out. The VA immediately gave me 30%, and I had no idea what it was all about. They sent me a check every month, took care of my health care, and sent me to college for four years. I still had to use the pain meds, though, just to function.That lasted up until several years ago when I got so bad that I had to start opiods and heavier pain meds. Taking all that crap for long of a time wrecks your liver. Neither me nor my doc was surprised. At this point I just have to keep from dying from a pulmonay embolism, cirrhosis, or esopjageal, stomach, or liver cancer before I can get this stuff service connected. I no longer have aspirations of living to be a old man. At this point I just want to be here long enough to walk my daughter down the aisle, and be sure that she and my son both get started off on the right track in lifef.

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rental,

Have you tried say a three week period of being extremely

strict with eating and eating habits ?

What you eat, when you eat and how you eat?

Do you have the head of your bed raise enough ?

What do you take for your GERD and the dosage?

I'm not joking as this is a serious issue.

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  • HadIt.com Elder

Carlie:

Have food journaled several times. We have found several things that make it worse, namely caffeine, citrus, onions, garlicy foods (italian), and spicy (mexican) foods. I do my best to stay away from all of these, but because I can't sleep much I need regular coffee and/or a Red Bull some days. I love citrusy fruit, italian food, mexican food and onions, but I try to eat them very sparingly. I have my bed elevated, and when I actually sleep I use two high end, thick pillows. Sometimes I have to try to sleep sitting upright in a recliner. That actually makes it easier on my back as well. I was diagnosed with GERD in 1997, and started taking Omeprazole 20mg once a day then. That worked for a while, but eventually I ended up having to go to the 40mg dose. In 2007 I had to go to 40mg twice a day, and a few months ago we added Pantaprazole 20mg twice a day on top of that. In addition to this, I end up taking OTC acid reducers, eat Rolaids like candy, and go through a regular sized bottle of Pepto Bismal almost every week. Believe me, I know how serious it is. My brother has it as well, and his has already turned into Barrett's Esophagus. Mine is probably there, too, but I haven't let them scope me yet. They wanted to scope me for a C&P during a DRO review in 2008, but since that is a invasive procedure that is in no way necessary for a diagnosis (much less a dx that has been in existence for a decade), or for the rating criteria, I told them to pound sand and withdrew the claim. In my mind, at the time, I didn't see a need for the rating, because I was already TDIU P&T, and having the procedure would not help me medically. If they request one this time I will do it, if I haven't already had it done on the medical side. I need to get it SC'd before it turns into cancer and kills me.

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Sounds like you've tried all the things I can think of and have heard of.

Chocolate at anytime and coffee late at night kicks my gerd off into really rough levels

but spicy doesn't bother me at all.

Heck - maybe you need to be scoped (if all goes right it's not bad)

but maybe there's more going on than your medically aware of -

If you don't feel comfortable doing it at a VAMC I know you can find a way to do

do it with private care.

It sounds pretty rough.

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