tinnitus New Here, First Time Questions

[DDuck]

Sorry I just found this forum, I sympathize with so many of you. So a little background I was med boarded out in '98 at 20%. I was very upset, I suffered a AGE (Air Gas Embolus) from a diving mishap upon successfully removing a distressed diver (I was 2nd Class Diver at the time). I suffered photosensitivity and migraines after a TT6 with two extensions. I was told to suck it up or lose my pin, so I did.

Later in the middle of Phase I EOD training a DUI driver drilled me going about 60-80 mph the cop estimated. Being young and stupid I sucked it up and went back into training for a week until I was urinating blood and my left leg went numb. Later they found a undiagnosed bone spur that shredded my urethra and I have to self cath to this day. (NEW add as of today 2/12/2014) My Creatine levels are 1.38 so the doctors think I may just be starting very early stage kidney failure. They are going to test monthly to see if it stablizes.

A year ago they re-evaluated me at 80% my breakdown is:

Right hip injury/pain (was dislocated in the accident) 10%

Neuropathy of right foot 10%

Urethral stricture and Bladder neck contracture/stricture 60%

DDD L4-L5 and L5-S1 (two surgeries) 10%

Vascular migraine 10%

Tinnitus 10%

My question is my upper back is starting to obtain a moderate curve and is starting to cause breathing problems and shoulder pain (which I have been complaining to the VA about).

How would I try to process this? Attached to a pre-existing back condition or as a separate claim?

Also starting this last year I have been on HCTZ for high blood pressure (over a year of 164+/100+) due to chronic pain my doc figured. Is it to much of a pain to fight for that (not overweight no family history of HBP)?

Last question is I have had flat feet since I was released (no records indicate this that I can find) but my QTC doc stated that with my training and job that I should put in for it, I have been out for 15 years, or is it too much hassle. I am really not able to jump through too many more hoops, I feel like I will choke a doctor out. I have spent my life since age 25 dealing with this and mentally I am shot at 42 now. I have held jobs up until five years ago, the pain/stress have been so bad my wife said I needed to quit or get a divorce. So I quit.

I apologize for the format and the shotgun style questions but I have received no help of significance from the Legion or the DAV.

Regards,

Dan

Edited February 13, 2014 by DDuck

[NavyWife]

A basic definition of a traumatic event that can lead to PTSD, is that you think your life or someone else's life is in danger. You definitely had that. The other part of PTSD, is how a person processes that event. Does it affect their current life, in ways they probably don't realize? Since VA keeps asking, " How's your PTSD"?, it kinda sounds like the VA doc already diagnosed you back when they prescribed those meds. If so, you'd be well on your way to an approval if you decide to file for that later.

Here's a link with more info. http://ptsddiary.com/?p=16

Regarding TBI's showing up on MRI-they usually do not show up on MRI. Plus, VA rates only on the after effects of the TBI, things that affect a persons life now--TBI symptoms such as; difficulty concentrating, memory loss, hypersensitive to lights or sounds, difficulty with directions, headaches, dizziness, etc.

I really hope your TDIU gets approved, but it never hurts to have a Plan B!

Never be sorry for venting here. Getting information & venting are the two main purposes of sites like this. It actually helps other people to hear your story. Trust me, there's many who feel exactly the same as you!

Edited February 16, 2014 by NavyWife

[Navy04]

Navy on the money as usual.

[DDuck]

@NavyWife

TBI symptoms such as; difficulty concentrating, memory loss, hypersensitive to lights or sounds, difficulty with directions, headaches, dizziness, etc.

Wow my 10% for migraines are specifically for photo-sensitivity and hypersensitive to sounds also noted is dizziness. It seems almost comical that they never connected the dots?

What you said about PTSD struck me: PTSD, is that you think your life or someone else's life is in danger I make myself sick when my wife and family are out of my sight. I never ask them to stay with me but I have thrown up many times if they are away from me for longer than 30 mins. My wife checks in with me every 30mins, on long trips only, and because she says I am worth the bother! (I use to call her every 10 mins).

I just thought this was a personality quirk. I have never worried about myself though, sometimes it is a peaceful thought that I would die (a heart attack or something) but then it would scare me because would my family be safe? I told my wife when she asked what I was thinking one time,it made her cry so I don't talk about it anymore.

Sorry if you read that last (I deleted it) this is a ton of information to process, didn't mean to sound snarky.

I will start to research this site and if I get denied I will put in for those if my wife's perspective agrees. Thanks so much.

Edited February 16, 2014 by DDuck

[NavyWife]

I don't know how many times I've seen posts by people who say they thought these things were personality quirks. That's exactly what I was referring to when I mentioned that people could have their current life affected by a past event and never know that was the cause.

I found this from the VA website PTSD page, "Feeling keyed up, jittery, or always alert and on the lookout for danger. Or, you may have trouble concentrating or sleeping. This is known as hyperarousal."

http://www.ptsd.va.gov/public/PTSD-overview/basics/what-is-ptsd.asp

[Berta]

“I left to use Voc Rehab because things started getting bad with my knees and back “

I see you are SC for the DDD, but not the knees (which could possibly be secondary to some of the other problems you are SCed for)

“VA counselors suggested I file for UI because they found me not able hold hold employment and canceled my benefits, I have the letter.”

Ifd Voc Rehab said that cntinued Voc Rehab was not feasible Solely due to your SCs, that is great evidence for TDIU.

Have you sent VA a copy of that letter?

On the employment form....maybe you should contact the former employer to see if the VA really sent them th form yet.

The Deluca Factor:

Discussion here:

and in this BVA decision:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp96/files3/9626201.txt

In part the BVA stated:

“The Court noted that the Board’s and VA’s interpretation of

regulations governing the assignment of the rating in DeLuca 
was essentially that, “because pain can cause limitation of 
motion, any regulation that specifies a rating for limitation 
of motion ipso facto includes a rating for pain, and thus the 
application of § 4.40 in the instant case would constitute 
pyramiding of ratings.”  DeLuca, 8 Vet.App. at 205.  The 
Court further observed that, although “[r]ange of motion 
undoubtedly can be affected by pain in certain situations and 
a limitation of motion due to pain might be reflected in a 
rating under DC 5201,” section 4.40 provides that “t is 
essential that the [rating] examination . . . adequately 
portray the . . . functional loss.”  DeLuca, 8 Vet.App. at 
205-06.  The Court observed, however, that the VA examination 
relied upon by the Board in DeLuca “merely recorded the 
veteran’s range of motion at that time, and did not indicate 
consideration of the factors cited in § 4.40, and required by 
§ 4.40 to be considered and portrayed in the rating 
examination as to functional loss on use or due to 
flare-ups.”  DeLuca, 8 Vet.App. at 206.  (In DeLuca, there 
was medical evidence that the veteran’s shoulder condition 
would flare up at times.)  Accordingly, the Court held that 
“the case must be remanded for the Board to obtain a new 
medical examination which complies with the requirements of 
§ 4.40, and the medical examiner must be asked to express an 
opinion on whether pain could significantly limit functional 
ability during flare-ups or when the arm is used repeatedly 
over a period of time.”  DeLuca, 8 Vet.App. At 206.”

I think you have a very good claim for TDIU at this point and I just hope the VA considers the Voc Rehab letter.

[DDuck]

@NavyWife

Long talk with my wife and much emotions last night, I will be going to see a VA psyche doc on Wednesday about PTSD/TBI symptoms. I don't really know how I feel except I don't want to when I think about it, but I know my wife loves me and wants me to go for my health. Thanks.

@Berta

I see you are SC for the DDD, but not the knee

Both knees were damaged on active duty and documented. Left knee was a Grade II torn meniscus documented. The right was damaged (swollen and discolored) documented, and given 3 days R/R which never happened due to dive ops, which is no biggie cause that knee rarely ever hurts. The left I have had problems with since the damage mostly hitching and giving out.

I have a current claim for my L Knee and GERD. Those were put in in 2009 and somehow got dropped. So I put in for it last year which is probably why my TDIU has taken so long. Sorry forgot to mention that point.

oc Rehab was not feasible Solely due to your SCs, that is great evidence for TDIU

My VSO said not to submit that because they should already have it and it would only slow down the process? I thought that sounded odd, should I submit it now?

you should contact the former employer to see if the VA really sent them the form yet

I have tried to call Rob multiple times (my last employment was in 2006 with him). I am on great terms with him he called me 2 years ago and took me out to lunch seeing if I felt better hoping I would come back to work for him. So I know do not think he isn't dodging my calls.

The Deluca Factor

So is this High Blood Pressure or pain with range of motion? Sorry I will do more research.

Thanks for all the information, my wife says to thank you also.

Dan

Edited February 16, 2014 by DDuck