Service Connection Fibro 1977

[SueEdel]

I recently received a denial to SC fibromyalgia. My symptoms started while I was enlisted in the Navy. One of the issues is that it is the term fibromyalgia was not used in medical jargon on a regular basis until about 1988 which is 11 years from my honorable discharge (under medical conditions). Nothing in my military medical records says fibro--but the symptoms--which they were chasing around trying to find a diagnosis were there.

The statement is "SC for fibro is denied because evidence does not show an event, disease or injury in service. You submitted a lay statement to support your claim. A credible lay statement may establish what was seen, heard and directly experienced. The lay evidence was found not to be competent and sufficient in this case to establish a link of nexus between your medical condition and military service or to establish that such a link has been found by a medical professional."

I provided two letter to provide a nexus. One was from my PCP at the VA who has treated me for about 10 years (although recently was removed as my doctor for reasons unexplained to me). The other letter was provided by my rehab chronic pain specialist who has treated me for over 15 years. Both letters follow the sample nexus formula.

I am wondering why they would not consider one of their own doctors a medical professional? For that matter, why a highly respected doctor in the treatment of pain and fibro is disregarded? Why are these considered lay statements and not medical opinions?

[SueEdel]

I was never afforded a C&P exam for the fibro. The denial does state that I do indeed have fibro and that I am currently being treated according to VA records.

It also states medical records show no diagnosis of fibromyalgia. Of course they don't as the term was not generally in use at the time. It was about 1988 that the symptoms were linked and the medical community then called it fibrositis (yes I had that). By 1990 the term fibromyalgia was in use.

I had a year of unusual symptoms that they could not link together. It was suspected at the time that I had MS.

[FormerMember]

The doctor recited your history, noted that he had review your STRs and made a nexus statement. He neglected the cogent thinking and supportive research to butress his contentions. Try this one:

http://asknod.wordpress.com/6051-2/

It's in Micro Word so you can make a copy for your doctor to get a feel on how to do it. Just like cookies. It's a recipe. No substitutions.

[SueEdel]

Thanks for the info as I may need to submit another letter although I suspect that the original letters were not included in their decision. They are not acknowledged or mentioned as even existing.

[Shyne-I]

Asknod....was your last post concerning my nexus letter or were you referring to SueEdel's nexus letter?

Do you think my letter touched on the points that they are looking for?

He also responded to the reasoning of the VA examiner's opinion and countered some of her points about the etiology of Fibromyalgia, although both of them seem to be taking a best guess because of the mystery of Fibromyalgia itself!!

Shyne-I

[FormerMember]

I was referring to post #1 by SueEdal. But VA is often guilty of what you describe. After the denial when you file a NOD, many of you submit N&ME with it. You can ask for a reconsideration but a large majority go straight to NODland. VA sends you back a SOC continuing the denial but it's illegal to announce a decision in the SOC. By law, there has to be a de novo decision but there's also supposed to be a tooth faery and an Easter Bunny in this story somewhere. I've never seen them yet. This usually indicates the N&ME was not perused. I've submitted new stuff after the SOC and gotten a SSOC and at that point filed my Form 9. VA would prefer to get their hands on the F9 early on as they can then imply you are finished fiddling with the RO and are prepared to head to DC.

Ever seen a three card Monte game?

cp

Edited October 13, 2013 by asknod

[Shyne-I]

Lol...yes I've seen a 3 card Monte game and that sure feels like what they are putting us through!! I will keep submitting N&M evidence until they have no choice but to say..."where the hell is she getting all of this s***"...Lol. I don't give up on anything until I get the results that I am looking for, I am close to being Obsessive Compulsive. When I'm not in pain all I do is research. I went in to change my POA from AMVETS to TVC last week and the Representative was shocked that I had so much evidence and that I had all of my SMR, C-file, private medical records, statements, submission dates, cases resembling mine granted at the BVA, etc. organized and tabbed in 3- 3 inch binders. She even asked me if I could work and if so, had I considered doing it for a living!! If push comes to shove, I have until 4/2014 to file the Form 9.

Thanks,

Shyne-I