tdiu Posterior And Tibia Neuropathy

[pkbivins]

Its been awhile since I posted last. I had submitted a claim regarding osteopenia which was diagnosed by the VA about 5 years ago. Also dx by the VA was Posterior Neuropathy as well as distal sensory neuropathy. Neither one of these conditions have ever been treated by the VA, UNTIL I had started receiving tx from my civilian MD's. The osteopenia is now full blown osteoporosis, and I am taking Fosamax as well as Testosterone. The neuropathy is being tx by another civilian MD with steroid injections and denervation procedures. Needless to say my claim was shot down. Stating that I was receiving the max award for my back, which is the leding cause of these other problems.

My question is if I could get my MD say that the neuropathy was caused by my spinal fusion would this be beneficial to submit as new evidence? Understand that I am a 100P&T TDIU w/SSDI. What I am looking for is retroactive benefits from the time the neuropathy was first dx (which was about 5 years ago). I file a Chapter 11 (???) due to the VA not treating either of these conditions. As a direct result of the nontreatment by VA these conditions have continued to get worse to the point I am today.

Appreciate any thoughts or input.

Phil

[Berta]

Phil- I think you mean a Section 1151 claim.

If the VA failed to diagnose and treat any condition a veteran has- and then the veteran suffers additional disability due to their medical error, the veteran should file a Section 1151.

They dont like these claims- but with strong medical evidence that they could have diagnosed and treated before they did and a strong opinion as to the additional disabilities you have because of it-

they have to award compensation under Section 1151.

It sounds like you have excellent evidence in your private med recs and this is what VA will need to see.