Secondary Claims

[lcurle]

Hey all,

I just put in a claim. Since I was denied Tendonitis for my R ankle and due to the chronic nature of it, I filed for Tendonosis. In addition to that I filed a secondary "Chronic Back Pain" to my lower lumbar degeneration as well as IU due to said conditions. Since I am in now unable to move very well, 32 years old btw, I am debating about going to the VAMC ER since the muscle relaxers and naproxin that was prescribed to me does nothing. The only thin that touches my pain and allows me to move freely is cannabis. Unsure what to do, this morning I was unable to move until my wife helped me out of bed. Debating about going to the VA today....any advice is appreciated. If this is what my life is going to be like unsure if I can handle it.

[broncovet]

YOu should post your "Reasons and bases" for denial. Reason: Va gets it wrong about 2/3 of the time, and you need to appeal. Most Vets who do win their claims win them at one or more stages of appeal. Filing a tendonosis claim, when a tendonitis claim was denied is unlikely to help you, but possible. Dont withdraw it, just in case, but appeal also. Your appeal should address the "reasons" for your denial.

You need all three of these, every time:

1. Current diagnosis. No diagnosis, no benefits. If you dont have a tendonitis diagnosis, it will be denied.

2. In service event or aggravation.

3. Nexus, or link between the two.

For an effective appeal, you need to know which one of these the VA says you did not meet. Then, order your cfile and see if, indeed there exists in your records the disputed evidence.

If there is no evidence in your file, then you need to make sure that evidence does get in your file.

Edited April 20, 2015 by broncovet

[Navy04]

I totally agree with Bronco on this bud. I have DDD, DJD and whole in spine, along with 2 knee surgeries. I am awaiting R shoulder and L knee surgeries now. Sorry to hear of your pain, atleast you can take pain meds. I have Crohns and 2 blood transfusions, so I have and will never be able to take anything for pain, so I live with a lot of pain daily, and I am 33 and was Retired at 30. Good luck and God Bless!!!

[lcurle]

Ok, I am trying to get my duck in a row but hard to get things done. I am not working right now, so getting an IME and paying out of pocket is not feasible. The only medical care I can get is at the va and it would seem like they try to discredit everything all the time. Today I had to go to the Er for my back and was told I needed to stretch more and that would help. Excellent, glad to know that stretching is going to help. I am lucky that I can take pain mess but I do not take them unless my wife, who is a nurse, tells me to take something.

I have two thing in appeals right now, one for a increase in ptsd backed with an IME from a psychiatrist who think that my social and occupational impairment warrants a higher rating. Secondly, when they denied my right ankle claim and called it tendonitis I appealed with my SMR where I had numerous phase 3 ankle sprains during my time in service.

i have my good days and bad days with my back and ptsd. When I talk to my pcp about it he tells me to lose weight, which I have lost 50# before my back got worse. They have been fairly helpful on certain things but disregard other conditions. My pcp likes to ask, " what do you want me to do." I don't know, you are the doctor. Seems hopeless at times. Then once they find out I was a combat mos, 11 series, they think that it is all in my head and I need to figure things out. I have yet to lose my temper and start yelling at the Drs and nurses, maybe I need to to get my point across, then I fear they will kick me out and take my benefits I have currently.

Anyways, thanks for reading, your input is appreciated as usual.

[Fat]

Whatever issue you are claiming has to have a current diagnosis.

The diagnosis has to be "chronic" in nature (example: tendinosis is long term untreated tendinitis which results in microscopic tears).

Also, medical testing is gonna have to support the diagnosis (MRI, CT Scan, etc).

"DONT GIVE UP"

[lcurle]

My physical therapist in her notes said that the damage "would only get better with daily astym treatment." she also noted the scar tissue that was present during the astym treatment returned to the pre-treatment state after 3 weeks of non therapy.

Edited April 20, 2015 by lcurle

[lcurle]

Dammit, my wife noticed some fairly bad swelling and bruising around my spine where the pain has been recently....I have an appt on the 29th with my PCP, should I send them a secure message about the swelling/bruising so it can be documented later if I need the evidence?