New Evidence...

[rpowell01]

Okay I want to get this correct.

I filed two claims last year for Bladder and Bowel Incontinence. I was denied both of them because the C&P Examiner said I haven't been diagnosed with them even though Dr. Bash diagnosed me back in July 2012 with them.

Today I go see a VA GI Doctor and in his notes he writes in his impression: "44 y.o. mail with urinary and fecal incontinence since 2010, most likely related to spinal injury from jumping from helicopter"

Is this enough evidence along with Dr. Bash's to refile with NEW EVIDENCE instead of a NOD?

The GI is going to try some treatments on me to see if they can "help" with these issues.

Edited July 9, 2013 by rpowell01

[Vync]

Was the VA doc who did your C&P a GI specialist or just a regular doc? If it was a GI specialist, then the VA probably weighed the opinion of the specialist more than Dr. Bash. But you never know. I have had some pretty dorked up C&P opinions where they simply failed to read the evidence that was submitted.

Your logic sounds convincing to me. Your new VA GI doc used the proper "most likely" jargon. It would have helped if he connected your incontinence to a specific date in your service treatment records and added a bit more medical rationale.

If your time to request a reconsideration has not passed, it might be worth trying. If it is getting close, you might try it, but keep in mind the timeframe to switch it to an NOD. For what it's worth, I filed an NOD and requested in-person DRO review and it took them a year and a half to see me, but I presented everything clear as day and two months later had a decision reversing the denials.

[rpowell01]

Okay thank you a million. I am researching on reconsideration right now...

[Vync]

I believe you have a one year window to file a reconsideration. I recall reading that if the one year window expires without the VA doing anything, then you better submit a NOD otherwise your window would have expired. Someone here can correct me if I am wrong, but my memory is not what it used to be.

[rpowell01]

Well after reading up on the reconsideration I found that a majority of the time its not in the veteran's favor to do this. So, I am going to present it all on my NOD. I sent a copy of this report to Dr. Bash and my attorney will be getting all my records on Thursday and Friday to work on the hearing for the NOD.

Good thing about this it has taken a huge weight off of my shoulders of why this stuff was happening. Yes I had Dr. Bash's IME/IMO stating the same thing he wrote LAST July 2012 but I just had to know in person. It's not good because I don't want this and it causes me to stay in my bedroom a majority of my time here at home. But, hopefully somebody can get this under control. But, I know the only way is to have reverse the progression in my lumbar spine which we all know isn't going to happen.

I am just worried how much further is this progression going to continue. I have read medical journals/books that say that in some people it stops pretty fast but in others its goes on to be severe.

Osteoarthritis is one tricky thing because XRays doesn't result in a person's pain and symptoms. The XRays and MRIs can show mild but you have moderate to severe symptoms. Its one of those things that is still "up in the air" with Doctors and how to actually treat it.

They really don't know. Maybe this is why I am receiving more and more meds each month because my PCP is trying to find the right ones for me. I don't know. LOL

Thanks for the info brother.

Edited July 10, 2013 by rpowell01

[Vync]

There is a place for reconsiderations, despite the problems some people encounter. Ask your attorney if they would recommend a reconsideration, regular NOD, or a NOD with in-person DRO review.

I hope your issues do not get worse.

X-rays and MRI's can help diagnose the presence of a condition. In cases of spine injuries, most of the ratings involve ROM, except ones like abnormal curvature or kyphosis. One thing they have to factor in is pain on motion. If your ROM is 60 degrees, but pain is evident at 30 degrees, they are supposed to rate you where pain begins.

If you haven't already, don't forget to consider the mental toll you endure daily.

Yeah, sometimes it takes a bunch of trial and error to find the right combination of medications to treat each patient's situation. Just be aware that some medication may have unintended side effects. I was being given some pain meds that almost wiped out my sense of taste and smell. I got off that crap really quick!

[rpowell01]

Well I do have reversed lordosis in my neck and NOT once did the C&P examiner even note this and would have wiped out any ROM on my cervical spine. She had the evidence but didn't even mention it. Its all good...

I don't take narcotics, the VA will not give me any because of the New policy....They would rather for you to dope up on psych meds now for pain.