Elders Please Help...

[SubicBay0311]

Suppose a veteran was discharged from the service due to disability. Specifically, ongoing weakness in both legs. The cause at the time was considered psychosomatic illness. Years after discharge, it is determined the veteran has and had MS as the cause of his weakness. The veteran files a claim for multiple sclerosis (MS), and leg weakness “secondary to M.S.”

The VA denies the claim for M.S., stating he was not diagnosed with MS while in service. They also deny claims for leg weakness claimed as “secondary to MS”, stating A) did not have diagnosis of MS in service, and B) that did not have symptoms of leg weakness while in service (clearly an erroneous oversight)

QUESTIONS: Can the veteran file new claim for direct service connection of leg weakness, based upon showing them the in service complaints of leg weakness (that led to medical discharge)(along with IMO nexus statements), AND at the same time, file NOD/appeal for the underlying etiology, M.S.? Or, would the RO state that they will not reopen the direct service connection for the leg weakness, because the “etiology” (MS) is currently on appeal?

Important points:

1. VA psychiatrist has already stated in the C&P notes that veteran did not have psychosomatic illness while in service, and that his service connected depression is worsened due to his “in service Multiple Sclerosis”.
2. Another VA examiner said MS “less likely than not” incurred in service. But that C&P exam was conducted a week before the RO even requested STR from the veteran and National Achieves (proof of that is in c file in form of letter sent to veteran requesting STR the week after the C&P exam)
3. Veteran had submitted FOUR IMOs from neurologist stating they have reviewed STR and its clear it was MS while in service based upon review of neurological exam findings while in service.

They basically ignored a mountain of evidence in favor to the single C&P opinion (#2 above).

Any advice greatly appreciated.

[SubicBay0311]

The IMEs are perfect. They have blatantly and intentionally blown me off. Along with their very own VA C&P psychiatrist that has told them THREE FN TIMES that I was misdiagnosed while in the service. But the way, these IMEs doctors opinions are not wishy washy "more likely that not.." crap. These are emphatic, well rationaled, certain opinions that would bring pause to anyone reading them.

By the way, the request they sent to the examiner that opined negatively, tells the doctor to review ALL the evidence, and and they LIST the 7 (SEVEN) Doctors that have stated i had this condition while in service. The RO had basically already conceded service connection. (In fact, the psychiatrist they had me see five days earlier told me this issue has been resolved.) This doctor never looked me in the eye. He was pissed at the world and intent on giving the RO a gift. He concludes his reports with the following: "Should the veteran require any further evaluation about this issue, me recommendation is for him to be seen by another compensation and pension provider." Honestly, have you ever heard such a statement made?

[free_spirit_etc]

In many cases, if the RO wants to deny the claim, they will deny the claim, regardless of what the evidence says. If it is a simple misinterpretation of information, that might be resolved at the RO level. If they are twisting and distorting information in order to deny a valid claim, they will most likely continue to do so.

In my case, I saw enough evidence of twisting and distorting information that I pretty much decided my claim would never be granted at the RO level. I went through the motions with them that I had to, but focused mostly on getting my claim ready for the BVA. Unfortunately, this takes time. But I didn't want to waste any more time at the RO than necessary, because I figured I needed to get to the BVA to have a better chance of having a decision made based on the actual facts and evidence.

[free_spirit_etc]

When were you actually diagnosed?

Okay this is what it says verbatim:

1. the diagnosis in 2006 was not “being made” in 2006, but rather stating that my current MS began in 1989

[Berta]

"But the way, these IMEs doctors opinions are not wishy washy "more likely that not.." crap."

It was, as you defined "wishy Washy "more likely than not "crap"

that got me the most important VA Award of my life.

It was for a disability that VA had never diagnosed or treated my husband for the whole time he was a VA PT.

It trumped the prior wrongful death award I got... There is no honor in death by VA.

"At least as likely "as not by Dr Bash, with a corroborating brief freebee email from a another Neuro .and my Extensive medical research and additional evidence gave my husband Peace with Honor in his death.

I regret I have nothing else to offer you.But others will chime in and help.

The IMO criteria here is what VA is familiar with.

I developed it from my 2 IMOs from Dr. Bash, because he not only is a disabled vet with MS, he is also a former VA doctor and has helped many many of us here.

." But the way, these IMEs doctors opinions are not wishy washy "more likely that not.." crap. These are emphatic, well rationaled, certain opinions that would bring pause to anyone reading them."

If VA listed them as Evidence, and considered them ,apparently they sure were not impressed.

Edited April 24, 2015 by Berta

[free_spirit_etc]

http://www.vetsfirst.org/obtaining-va-benefits-for-veterans-with-multiple-sclerosis/

Presumptive military service connection for multiple sclerosis (MS) must take into account how and when MS first manifested to a degree of 10 percent or more within a seven-year period from date of separation from service.

It’s important to know that even if you’ve been separated from service for more than seven years when your MS was first diagnosed, you could still be considered eligible for service connection entitlement benefits. The main reason for this is that it can take time for MS to be properly diagnosed.

Your first step should be to have a qualified neurologist review your past and current medical records for the seven years following separation from service and provide a medical opinion that the symptoms you experienced were most likely due to MS, although it had not been diagnosed yet.

http://www.benefits.va.gov/warms/bookc.asp#p

8018 Multiple sclerosis:

Minimum rating........................................................................................................ 30

So ANY manifestation of a condition that is later identified as MS should meet the 10% standard required. And again, this doesn't even have to be while in the service. It only has to show some type of symptoms within 7 years of your discharge to be considered presumptive.

[free_spirit_etc]

The decision doesn't even show they considered whether it could be presumptive.