Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    111%
    $1,668.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021
  • 0

Claim Denied


Question

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..

Link to post
Share on other sites
  • Answers 31
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

Also the otitis media and labyrinth were from the er in 1996 and it was not a dx just the er opinion at the time but, a couple days later I went to the ears,nose, and throat dr and he found no ear issues. The er dr told me if it didn't get better in a few days then go to my regular dr. He sent me to get hearing test and nothing was found and then I got better and let it go. I was out of work for sometime due to debilitating vertigo and then one day I got up and could walk and preform my work duties so I let it go as instructed by my dr. Then in 2002 my left side went completely numb and I went to the dr and he though maybe I had hurt my back but it got better in a couple of weeks roughly. All this is in medical records, I even made a timeline of events to connect all dr visits. The emergency rooms job is to stabilize a patient not diagnosis. I did as instructed. Thanks again..

Link to post
Share on other sites

My denial letter didn't really say much to me. Basically they just disregarded the systemic evidence that goes with ms. Their was like 6 years in between my episodes so I never put 2 & 2 together.but if you look at the timeline of events after the fact (high insight) my ms is apparent to my dr.my first nexus was from an ms specialist (his word was highly suspicious) so now I have my dx'ing dr.'s nexus that states it exactly the way the va wants it, I was unaware of just how much they could chew up my ms specialist letter just because they didn't word it exactly to va request. This is really dumb to me, stalling tactics for sure. I don't want to bad mouth the taters because they have a tough job but when they have the evidence I would hope they would do what's right but I guess not.

Link to post
Share on other sites
  • HadIt.com Elder

“They support the diagnosis of acute labyrinth it's and otitis media not multiple sclerosis. “

Vertigo and symptoms similar to labyrinthitis are consistent with early symptoms of MS:

Did the IMO doctor make that point and support it with a good medical printout such as:

http://www.nationalmssociety.org/about-multiple-sclerosis/what-we-know-about-ms/symptoms/dizziness--vertigo/index.aspx

Was he fully aware of the many warning signs of MS that might have appeared in your SMRs?

http://www.healthline.com/health-slideshow/multiple-sclerosis#6

“3 lesions in brain as secondary to multiple sclerosis “

Did he give a strong medical rationale that, but for the MS, there is no other etiology for the lesions in your brain and support that with a good medical abstract such as :

http://www.nationalmssociety.org/about-multiple-sclerosis/what-we-know-about-ms/diagnosing-ms/index.aspx

“I have since gotten my diagnosing dr to word it correctly. More likely than not.. But it was too late to stop the appeals process. “

Did you mean that the VA did not have that IMO before they made the decision?

Did the doctor fully adhere to the IMO format here at hadit?

What type of a doctor made this opinion?

The VA sent you (I assume ) a Statement of the case and you have 60 days I think ( need to check that or someone else will correct me here) to rebutt their denial and ask for a DRO hearing.

If the IMO conforms to the IMO format here in our IMO forum, or the IMO doc has time to correct it, make sure you send it to the VA as a response to the denial and get proof of mailing. Others will opine here too but I think you should request a DRO hearing.

Also do you have a copy the C & P results? It is often the actual wording of a C & P negative opinion that makes an IMO rebuttal have much weight with the VA. C & P results are invaluable to IMO doctors.

My husband presented very similar symptoms to the VA long ago and the VA gave MS as one diagnosis along with many more VA diagnoses that followed and that were all wrong.

After multiple ER visits for TIAs which VA said were due to a hole in his eardrum (not true)he had been diagnosed with acute labyrhinitis as well, and could hardly move, and spent 3 weeks at the VAMC before VA ( at my insistence) gave him an MRI. The diagnosis was stroke.

“The va examiner stated that records from 11/01/1996 were received and reviewed. They support the diagnosis of acute labyrinth it's and otitis media not multiple sclerosis. “

That record is critical and I sure hope the IMO doc you had recognized this as a major symptom of your MS that gets you right into that 7 year window ,and that the doc expounded on this fact in his IMO.

Also what kind of a doctor did the actual C & P exam?

Was it even a real doctor?

A veterans can overcome a negative C & P exam with an IMO from a doctor whose credentials and areas of expertise outweigh that of the VA's opining C & P “doctor.”

I hope your opinion came from a Neurologist.

I had a brief email from a former VA Neuro who had treated my husband at the VA before he went into private practice.It took me months to find him and then many more months to get a clean copy of the critical blood chem report that he needed from VA. Every copy they had sent me was cut off in a way that the chem results could not be matched up with the actual blood work abbreviations.

In any event my IMO doc, Dr. Bash called him up,when I got his last email , and had him type the email onto his private Neuro practice letter head.

The BVA gave that brief Neuro opinion.....it was only three sentences … as much weight as the opinions from Dr Bash, a NeuroRadiologist, because it corroborated them.

VA had denied with 2 endocrinologist opinions ( at least this was a Real VA doctor but I knocked her credentials down with a www.healthgrade printout and Dr Bash had no problem rebutting her two C & P opinions either.

When the brain is involved, the is nothing better than a Neurologist or Neuroradiologist to opine on

brain trauma due to a specific disability.

You are definitely in that 7 year window in my opinion.

Have you yourself gone over your SMRs carefully? Look for anything that could be a symptom of MS.....there are many MS sites on the net.....

were you ever so fatigued you could not go to your duty station?

did you ever complain inservice of the vertigo and/or have problems with your balance?

Were you hospitalized for what they thought was the acute labyrhinitis? If not can you get lay statements,if needed, from significant others who can verify your vertigo symptoms?

I however hope the IMO will turn the tide for you here.

As long as it complies to our IMO criteria here at hadit and the doc who wrote it has more expertise or medical rationale (supported by good medical literature), this should become an award for service connection,in my opinion.

BTW do you get SSDI for MS?.

Link to post
Share on other sites

Berta thanks for your time. I will try and answer some things you mentioned; I never had a C&P exam the va in Des Moines just looked at my file and made this decision. In 1996 I had sever vertigo and had to be taken from work to the emergency room. They just gave me an iv and let me go after about 4 hours. My er report said they though it could be an ear infection but to go see my regular dr if it doesn't get better. Well it didn't so I went to my doctor and he sent me to an ear nose and throat specialist. They found nothing wrong with my ears or anything else.(all in file I sent theVA) my first nexus I sent to the VA was from a ms dr, but in his statement he used the term highly suspect not more likely than not. My POA said for me to call that ms dr and ask him to reword his letter but my dr said that was dumb and what he stated means the same thing. Now after my denial letter I went to my treating neurologist who dx'ed me with ms and I gave him the hadit format along with the ms specialist report and all my medical records to include my Smrs. I was never hospitalized in 1996 just went to the er. Also Berta there is possible evidence in my Smrs that my neurologist said was as likely as not the first delaminating event. If I could figure out how to scan this letter I would but I'm not that tech savvy..lol I had a lay statement from my supervisor who came in and took me to the er in 1996. Yes I am on SSDI for ms. Can't tell you how much I appreciate your advice. As you know this will take its toll on a person. When my claim was outsourced it was done in about a week, my gut says they didn't look at all my evidence after they seen the er report from 1996 saying possible ear infection.that was their out to hurry up and close me out of backlog.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 10 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 41 replies
    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines