New To Hadit... Needing Assistance With How To Proceed With Claim

[JFizzle]

Hello Hadit.com Members,

I am new to the site, but I have reviewed a lot of information throughout the different forums and I must say the collaborated efforts to assist an in need fellow veteran is refreshing. Hopefully I am not too much of a burden with my situation and hopefully I can benefit from your guidance because right now I am at a loss on how to approach my claims.

I served the USAF from 2000 to 2007 with an honorable discharge and I am currently 40% service-connected for

• TMJ - 20%
• ACL Reconstruction - Knee Joint Pain - 10%
• Right Ankle condition with Achilles tendonitis -10%

Here is my issue:

In 2005 I suffered facial trauma to my nasal area while participating in a squadron event that has since then continued to affect my breathing to this present day. During the event, one of the participants collided into me very hard at full speed, descending from an airborne position, and inadvertently came downward with his elbow ramming into my nose, which resulted in my visit to the Emergency Room. Upon impact, there was a break in the skin (aka hole) to my nasal area that required 3-4 stitches to reconnect the right alar sidewall to my cheek. My nose instantly bled internally, as well as from the right alar sidewall. I suffered a headache, dizziness, facial pain, and obstructed breathing. The impact felt like my face was broken. During my visit to the Emergency Room, the Emergency Room doctor looked at the injury and after 3 minutes of observation recorded his findings (without an x-ray or CT scan) as a facial laceration (I strongly disagree with this finding because of the symptoms I have experienced since the injury). The Emergency Room doctor then sent one of the aids to stitch my nose, prescribed Motrin for the swelling/pain, and told me to return to the Emergency Room in a week and one of the aids on site can/will remove the stitches. When the stitches were removed, I was still suffering a headache, nasal pain (tenderness), and difficulty breathing through the right side of my nose and made it known to the aid and she documented that. Since this event I have experienced various episodes of sinus troubles and infections (to include sinusitis), and a constant and consistent feeling of a blocked nasal passage.

2009 - sleep study diagnosed mild sleep apnea

Could not tolerate the CPAP machine... felt like I was suffocating

2009 - 2013

Various sinus issues including sinusitis, allergic Rhinitis, and headaches.

referred to ENT doctor and he stated there was a high septal deflection with Internal Nasal Valve narrowing on the side that

may account for my complaints. Would require surgery for correction.

2013 - sleep study diagnosed moderate sleep apnea

Trying to use the machine but it feel like I am suffocating.... may ask for different options on visit in 2 weeks.

My questions are:

Is there away for me to challenge a military ER diagnosis as an incomplete diagnosis to reflect the damage caused?

My initial claim for my nose injury was denied because I claimed facial laceration. I did not have a VSO at the time, but when I acquired one, we put in an appeal claim in for a nose injury which has been pending since 2009. Will a nose injury suffice for a claime or does it need to be more specific?

Could my sleep apnea be service connected if my sleep doctor provides a nexus letter stating that the moderate sleep apnea condition is more likely than not aggravated by the nose injury that occurred in 2005? or would the nose injury need to be connected first? Would a sleep doctor or ENT specialist opinion trump an ER doctor?

Any direction or opinion or answer will be welcomed and respected.... sorry for the long story

JFizzle

Edited December 28, 2013 by JFizzle

[Navy04]

Welcome Aboard,

Just post questions on here and everyone will help as much as we can. Good luck

[Loose Cannon]

Welcome! We lean each other here all the time. Chances are very good that someone has the experience you are seeking or has the ability to point you in the right direction. Thanks for your service!

[JFizzle]

Thanks... I edited my first post and provided more information with my situation.

[jbasser]

Yes there iis a way to challenge it. Do you have any Xrays or reports from the Military?

[JFizzle]

Unfortunately I do not have any x-rays from that time...I only have the two visits to the ER concerning the injury....... At the time I was ignorant to the fact that I was able to get a second opinion or have a specialist look at my injury..... which also had me unaware of the long term effects of my injury at the time. The only facts I can gather is the ER reports and the current opinions of the sleep specialist and the ENT specialist I am currently seeing..... and the frequent visits to the doctors office from 2009 to present day about my various nasal problems......If I would have known better I would have done better to tackle my concerns.

[meghp0405]

I believe that your only option would be to obtain a letter from your current ENT Doctor. He/she will have to annotate the diagnosis; explain why he/she thinks your current disabilities are a result of your injury; and why he/she comes to that conclusion and also annotate if any similar cases have been reviewed that assisted him/her in the decision that they came up with.

I would focus on the nasal, respiratory and headache issues right now. Get them service connected, then begin with your sleep apnea issue.

With your headaches, how much medical documentation do you have since your initial injury pertaining to your headaches. You would have to obtain a letter from a neurologists (with the same criteria written above) about your headaches.

Once you have the medical documentation to support your claim, submit a VA FM 21-526ez with your attached medical documentation and submit it to the VARO in your state.

Good luck!