Different Diagnoses Same Symptoms

[Bevo]

Another question. I talked to my VSO and got some discouragement. Here is the basic story: 2006 discharge, PDHA claim of symptoms get 1 diagnose, 2007 see chiro and va, same symptoms, new diagnoses, 2008 private ortho sand symptoms, new diagnoses. 2013 c&p same symptoms, new diagnoses. Denied because condition did not arise within a year of discharge. C&p and AMC both failed to include pre-2008 records of resumes in-service injuries and symptoms occurred as spelled out in remand.

So I'm feelingpretty confident at vlj and my VSO says he could still deny me because the diagnoses is different even though it's the same body part and symptoms. If that's true, it seems va could just change the diagnoses and say its new. Is there any case law or statute to prevent that? Or is my VSO correct?

Of resumes = or presume.

[Bevo]

Example: claim for cervical spine 2006 PDHA says muscle pain, 2007 chiro shows same symptoms as now, 2007 VA called it chronic pain, 2008 ortho called it cervical brachial syndrome and cervical pain, 2013 va comp calls it cervicis splenius syndrome and myofascial pain sybdrome. Symptoms = pain, slightly limited rom. Shoulder is pretty similar situation.

[free_spirit_etc]

Bevo - Do you have an IMO pointing out that the previous symptoms were manifestations of the current condition?

It is likely they will want to say it is something different, unless someone (i.e. a doctor) points out that the symptoms that were thought to be X in 19XX were actually related to the current disability - and tying the service injury into the current condition?

[Bevo]

I have a chiropractor saying he saw me in 2007 with the same symptoms and wrote a letter saying the symptoms he saw me for in 2007 and from 2009-2011 conform to the current diagnoses - we not even talking about the 19's here…I was complaining of symptoms as soon as I got home, and have had a pretty thorough continuity of symptomology.

They are saying my diagnoses for my current condition was not made until 2008, 16 months after discharge even though I had been complaining of the same symptoms the entire time. They already service connected lumbar spine based on the same incident. The remand even said " The Veteran has provided competent reports that these disabilities began after carrying heavy loads while participating in combat missions as well as being hit by an explosion in Iraq. Treatment records in June 2007, less than a year after his discharge from service, document complaints of upper back pain, shoulder pain and left knee pain." If they can just change the name of the diagnoses and deny for that, I don't know how anyone could ever get benefits. Just change the name of the issue.

[free_spirit_etc]

If the BVA remand points out that you showed your symptoms started long ago - and pointed out you had competent evidence of that the disability started when you carried heavy loads and were hit in an explosion - that is a good sign. There isn't really any law or statute to keep them from changing the diagnosis. Actually, you might even want to consider using that to your advantage, if you can. You might have several separate disabilities, (some of them being secondary) from the same injury.

Maybe your doctor could even agree with the other diagnoses, and connect them ALL to the heavy loads and explosion. It would be hard for the VA to say you did not have the other conditions. They diagnosed you with them. If your doctor connects the dots - the game might just turn on them.

Edited October 24, 2013 by free_spirit_etc

[free_spirit_etc]

I think you can blow right past the RO saying the conditions are not service connected because they were not diagnosed until after service...especially if the BVA has already pointed out "The Veteran has provided competent reports that these disabilities began after carrying heavy loads while participating in combat missions as well as being hit by an explosion in Iraq"

Is it possible for you to post the remand, decision and the C&P reports? You might be able to actually use the C&P report to support your claim -- and claim more conditions.

If the only basis they have for saying it isn't SC is when it was diagnosed, a good IMO will take care of that.

[Bevo]

Thanks. I was hoping there was a statute! Maybe mine can make it at CVC if the VLJ denies me! I think you are right that the previous remand wording is in my favor... just sitting here while the VLJ reviews it is taking a toll on my sanity!