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Claim Denied

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michael09070

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After 2 years the Chicago RO denied my claim for multiple sclerosis. I had the medical nexus,buddie letters,solid medical evidence and a written time line of events. my claim was in Chicago since June 2011and around feb. 2013 they outsourced my claim to the Des. Moines Iowa RO. And within a couple of weeks my claim started to move but in the wrong direction. Talking to them it was oblivious they just pushed my claim through without weighing all my evidence. I have zero faith in the Chicago RO or any for that matter. Now I was told the appeals will take 3-5 years to even be seen by a human again. Way to go government, taking care of those who afforded you the job you have..

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The SSDI award will be critical info for an award of TDIU or 100%, when you get them on the right track.

You said:

“Tbr, my diagnosising neurologist and a multiple sclerosis specialist both provided a nexus letter connecting my ms to within my first 4 years after service (per medical evidence). I served from 87-92 and didn't get a diagnosis until 2011. Ya I don't buy that 50/50 rule, the Des Moines RO va over road a multiple sclerosis dr who specializes in this disease due to wording. “

This happened to a local vet I helped some time ago. He had been to the CAVC twice, with continuous denials for DMII (not an AO vet)

He had one of the best Diabetes doctors in NY. The IMO the doc prepared however was awful.

The doctor felt his stature and the fact that he was well known in the Endocrinology community alone would support the IMO but he didn't follow the IMO criteria and even got mad at me because I did a healthgrade print out on him for the vet to send to the VA, because he didnt attach any CV to the IMO.

We had to explain to the doctor exactly what VA needed.

The key word to this case ,I found in the first paragraph of the BVA decision. The medical word was a symptom of diabetes that no one, to include 2 vet reps, and 2 CAVC lawyers ever even bothered to look up. It involved a lot more work for me than just that one word ,but I knew right away that this vet's claim was a winner.

A new IMO was prepared by this doc and the veteran won his claim after about 8 or 9 years after filing it and getting multiple denials.

The claims process is a War of the Words.

The type of nexus statement you need is a referral directly to your SMRs as to any inservice symptoms,

and a medical rationale that the MS was at least at 10% disabling (per the VA SRD here at hadit) within the first 7 years after service.

A strong IMO needs to rule out any other possible etiology for your MS.

(I started this post at 8 AM but had to leave for church and just got back...I see now why the VA disregarded the IMOs you had.)....they dont conform to this criteria and the key wording as to “as likely as not” is further down the topic.

The raters aren't doctors but they are familiar with that key wording in an IMO verbiage. Also they are very good at finding words like 'maybe, possibly, 'highly suspicious ', and/or anything that VA can say is speculative.

IMO criteria I need to punch this topic up a little in the IMO forum.

I feel you can succeed on this claim if a Neuro follows the IMO criteria here at hadit.

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And PS don't get discouraged.

Many, if not all of us hardcore claimants here ,went through the same VA bull s--t.

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I'm so sorry to hear about your denial. The people here at hadit are very knowledgeable and can help you in ways no others can. Follow their advice and with time, you can and will beat this. Good luck to you!! Never give up the fight!

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My nexus letter:

Michael-------------MD

Board certified neurologist

RE: Michael Powell

--/--/----

To whom it may concern:

My name is Dr. Michael ---. I'm a board certified Neurologist and licensed in both Missouri & Illinois. My practice is in Illinois, Mr. Powell has been under my care for Multiple Sclerosis since December 2010. I ordered blood test, MRI's and a lumbar puncture preformed to rule out other illnesses. After collecting all needed tests, I determined Mr. Powell has multiple sclerosis.

I have personally reviewed Michael's medical records both military an civilian. While reviewing Michael's military medical records, I observed Michael had been to the doctor many times while on active duty for muscular skeletal pain starting in July 1988 and continuing the May of 1991. It is my professional opinion that this was as likely as not the first signs of multiple sclerosis. And missed several weeks of work due to debilitating vertigo and dizziness. According to Mr. Powell's medical records

On November 7, 1996 Michael's civilian medical records show more likely than not a more distinct sign of multiple sclerosis (dizziness,vertigo, and gait problems) which caused Mr. Powell to be hospitalized (er) and miss several weeks of work due to debilitating vertigo and dizziness. According to Mr. Powell's medical records the etiology was uncertain at this time but, the attending physician stated he believed it would fully resolve in time.

On may 5,2002 mr. Powell experienced symptoms ( total left side numbness) that were more likely than not an exacerbation of his multiple sclerosis. This information is all documented in Mr. Powell's medical records.

I am familiar with Mr. Powell's medical history and have been his primary care physician for his multiple sclerosis since December 2010. Mr powell's has no other known risk factors that may have precipitated his condition.

It is my professional opinion that there is a medical nexus (more likely than not) between Mr. Powell's early medical records ( 1988-2002) and the multiple sclerosis he was diagnosed with in December 2010.

Contact number------

Signature

This is on BJC hospital-letterhead. This is the nexus I sent when my claim went to appeals.

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That is a good IMO in many respects. But It could have helped if he attached his CV (maybe the letterhead was enough) and if he referred to one or two good medical abstracts to support his medical rationale, and if he demolished the C & P exam results with medical fact.

Did the VA actually consider this IMO at all?

If they didn't even list it as evidence, that means they didnt even read it.

If they did list it and refer to it in the decision, what exactly did the VA say about it?

"Des Moines RO va over road a multiple sclerosis dr who specializes in this disease due to wording"

Do you mean here, they mentioned but then disregarded the opinion in the decision narrative?

What was the date of the decision?

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