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New Diagnoses Agent Orange Exposure

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SprayedandBetrayed

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Good Evening Everyone,

I have been browsing this site for a few hours. I did not find answers to what I have questions for. So I am hoping someone can advise me.

My Father served in the Marine Corp In Vietnam from 7/1967 to 5/1970. It was determined that he was exposed to Agent Orange. Along with being on a registry for Camp Lejeune for water contamination.

My Father wears AFO leg braces for the Neuropathy. He was falling a lot and I had discussed with his Primary Care Dr a few years back that I felt my father had the beginning stages of Parkinson's. The Dr sent him to the Neurologist at the VA. Which they did a EMG, along with a MRI. They found that my dad had really bad Neuropathy. He could not even feel them shock him. He also had filed his claim for PTSD. Which initially they had denied, he appealed. He finally got it. But after seeing QTC Dr they tried to say my Dad was incompetent to manage his affairs. Which I had taken my Dad for 2 different evals to prove competence. So that did not go thru with the Fiduciary. My Father's conditions make it where he can not drive. He had an accident because he could not feel the brake pedal. My Dad has lived with me for the past 8 years. He manages all of his own money, medication refills, everything. He just needs help to get where he is going. Because of the physical limitations. Fast forward to 2015. After he got his claim for PTSD about 3 years ago my Dad was having chest pains. I took him to the Emergency Room where my father was found to have 2 major blockages in his heart. They did 2 Stents. There were still some more blockages they could not get to them because it was not reachable. I want to say they diagnosed him with CAD which I found VA referes to this as IHD. I believe he also has COPD I am waiting for his medical records. He has quite a few disc issues in the Cervical, Thorasic, and Lumbar areas. Along with the Siatic Nerve issues. My Dad was receiving VA transportation but since they say he no longer qualifies for this. With the new regulations. But he is unable to drive because of no feeling from the waist down.

We were in to see his Cardiologist a few months back and he asked me how my dad was. I had told him my concerns that he was falling a lot. That I cannot leave him at home alone. Because of the falls.We are with him 24/7 My dad has fallen and broken his ankle he was complete and total care for 3 months. He also fell before that and broke his toe and had a huge laceration. When I had addressed the issues a few years back with PCP, he said the Neurologist said all of this was from my Dad's Neuropathy.

I have addressed it multiple times with my Dad's PCP about the worsening of his symptoms with nothing being done. My Dad was finally diagnosed by outside Neuro with Parkinsons. The funny story is this Dr we did not know at the time had worked previously at the VA. I took my dads records into the office with me. He asked questions did the testing. He did another MRI to check for any issues that could cause this. He put my dad on some Trial medication with a follow up a few weeks later. My dad was falling at least 5- 6 times per week. Not small falls very hard ones. He had all the symptoms of Parkinsons. The medicine helped my dad in the past few months has only fallen 2 times which is a major improvement. So we cant chalk all of my dads issues up to the Degenerative Disc issue, Neuropathy. The medicine would not have worked. My dad had another EMG done with same Dr and his neuropathy is so severe. We follow up next week with him for results.

Sorry for the long winded history. I just thought it may be helpful. If they look at the new diagnosis will we have to go back for an appointment with QTC? Went to VA when we were into see PCP we told him of the new Diagnosis.. He said wow I know you had mentioned it a few times in the past. So with me mentioning that would they back date it? The Neuro said my dad has had the symptoms all along but the VA said it was the Neuropathy. Which is not fun either. The VA now sends my dad his meds for the parkinsons. On top of all of this my dad also had a Upper GI bleed, from the medications VA had him on. It tore his stomach up. My dad has an Abdominal Aortic Aneurysm as well. They have done nothing for it. Just watching it.

The outside Neuro has filled out the DBQ saying he does have Parkinsons. His Motor Manifestations are Stooped Posture Moderate. Balance Impairment Severe. Bradykinesia Moderate. Loss of Automatic Movements Mild, Speech Changes Moderate. Tremor Yes Right Upper Mild. Left Upper Mild, Right Lower Not affected, Left Lower Not Affected. Muscle Rigidity Yes R Upper Moderate, L Upper Moderate, R Lower Moderate. L Lower Moderate. Depression he marked Yes and wrote PTSD. Cognitive Impairment None. Loss of sense of smell None. Sleep Disturbance Moderate. Chewing None. Urinary Problems 2-4 is marked Constipation no. Sexual Dysfunction Yes Mild . Financial Responsibility he marked dad in his judgement is competent. Then does the veterans parkinsons impact his ability to work he put Yes. Unable to walk because of Postural Instability.

My questions are 1 with him already being at 90% SC, with Unemployability making it 100%. Does he have a claim to compensation for the following Diagnosis's

Parkinsons Diagnosis.

IHD or CAD ( I will check his records and see exactly what it says)

Sleep Apnea

Severe Peripheral Neuropathy ( it says on the report Length, Dependent, Predominatly axonal peripheral neuroapthy. 2 Sensorimotor median neuropathy across the right wrist consistent with carpal tunnel syndrome. Acute C8-T1 radialculpathy on the right. Chronic L2,3,4 and S1-S2 radialculpathy on the right. Acute on Chronic L4-5 radialculpathy on right. absent responses of the lower extremity sensory nerves. In short his Neuropathy has worsened.

Hypertension

Drop Foot

Abdominal Aortic Aneurysm

ED ( You guys will know what that is)

My dad gets a lot of swelling as well retention of water. Which he is taking meds for.

The person down at VA we had stopped in to get the clothing allowance form. We had asked a question. He said my fathers case when he pulled it up he had no clue why he wore the AFO's we told him the Neuro had ordered them a few years back. He said well if it was correctly put in there he would have seen why. He also said that if my dad wears those. Then he should be getting more compensation. ( He briefly explained how it all worked) We have an appointment to go and talk to a rep there about my dads case. We did submit the DBQ for his Parkinsons. The Dr will fill out a DBQ for the worsening of the Neuropathy. Should I take a DBQ to the cardiologist? My dad takes blood thinners for life with the heart issue. He also gets very short of breath. But is not on O2 yet. He gets also SMC (I)

My father had applied a while back for Aid and Attendance when he broke his ankle. The PCP at VA filled out the paperwork. To date we have heard nothing. I cannot even see the claim status on the ebenefits. Nor do I see the Parkinsons claim

My Dads conditions says below that this is all service connected to Agent Orange. Will we have to go and see numerous Dr's if he files for benefits for these since there is a trail already?

The guy we spoke to at Clothing Allowance said there are some grants that will modify or add onto a home for him to have accessibility. We own our home, but it is in our name. Will my Dad still qualify for these to make things accessible for him. or do an addition of a downstairs bedroom for him? Below are his ratings.

Disability Rating Decision Related To Effective Date diabetes mellitus, type II with diabetic nephropathy and tinea pedis 20% Service Connected

Agent Orange

02/2004

early peripheral neuropathy, left lower extremity

10% Service Connected 02/2005

early peripheral neuropathy, right lower extremity

10% Service Connected 02/2005

hypertension

0% Service Connected 02/2004

peripheral vascular disease left lower extremity

20% Service Connected 12/2008

peripheral vascular disease right lower extremity

20% Service Connected 12/2008 posttraumatic stress disorder (PTSD)/major depressive disorder 70% Service Connected 10/2008

Thank You for all of your help. I will honestly say that it is an honor to take care of my Father. But it is also the hardest to see his decline with his physical abilities. My Dad has always been my best friend and Hero.

Thank You to each and everyone of you for your Service and Sacrifice for our Great Nation. Welcome Home!

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Robert P. Walsh

Attorney

2 Michigan Avenue West

Suite 301

Battle Creek, Michigan 49017



Telephone (269) 962-9693

Telecopier (269) 962-9592

E-mail: rpwalsh@sbcglobal.net

____________________________
Dr Bash
Neuro-Radiologist

http://www.veteransmedadvisor.com/list.html

4938 Hampden Lane
Bethesda, Md 20814

Cell/Text 240-506-1556
Fax 301-951-9106

Dr. Bash also has done many Blog Radio shows here in our archives. And Bob Walsh too,

FTCA (Feteral Tort Claims Act) has a 2 year Statute of Limits as to when the patient became aware of the malpractice.

Section 1151 claims have no SOL or filing deadlines.

If filing one or both, they both need to same medical evidence. FTCA start out with a SF 95, and that form ios here under a search.

Section 1151 claims -no form I know of, and they can be filed as a regular claim, citing Section 1151.,38 USC

You need to review all of the FTCA and 1151 info here.

You can file FTCA without any attorney or even without an IMO , (I won wrongful death under FTCA without a attorney or an IMO ) because you have the right to do that.

And in those days I could not find a malpractice lawyer or an IMO doctor ( this was pre internet as we know it now.


I strongly do NOT recommend filing that way however, unless you want to practically become a doctor and lawyer to do it.

Bob Walsh is not specifically a malpractice lawyer and there are malpractice lawyers on the net who handle FTCA -VA issues.

However I think very highly of Bob Walsh and am sure he has probably sure handled FTCA and/or 1151.issues

You will need ALL available medical records, for these types of cases.

SMC S is , in your dad's case what appears to be the Housebound Award. He should probably be eligible for a higher SMC level.

If you contact Bob Walsh or Dr. Bash tell them hadit referred you to them and you could even send them the link to your entire post here.

I know Bob and also Dr. Bash and want to highlight this if you send them a link to or copy of this thread:

"Did he ever ,in any past VA decision get a rating for the heart disease, but was denied for it? No we never knew that the Heart Disease was linked to AO. So he never filed a claim for it. You know they will never put the pieces together for you and say hey this was or could have been caused by your AO exposure. But there are numerous records where it shows some CAD before my dad was having issues."

Bob and Dr. Bash would want to look over the past rating sheets and also consider Footnote One of Nehmer.

I received a very favorable EED of 1988,under Nehmer because I used Footnone One of Nehmer, under the "should have been rated " clause. Perhaps he should have been rated for CAD in a past decision.....

My husband had never been diagnosed or treated with IHD. Nehmer RO had to first resolve a CUE claim on the lack of diagnosis and rating first,that I had filed in 2003, and then

awarded IHD under direct SC. 2012 .This stemmed however from my husband's initial Section 1151 claim,filed in his lifetime ...he feared they were malpracticing on his PTSD and also might have malpracticed on other disabilities such as heart disease and stroke..and said in the claim that they might cause his death.
he was right . They did.

"20% Service Connected 12/2008 posttraumatic stress disorder (PTSD)/major depressive disorder 70% Service Connected 10/2008"

"He sees Mental Health for PTSD What I find ironic is they bill my Dad's Private insurance for it"

Do you mean he gets PTSD treatment from the VA and they bill his private insurance? ?????

When I contacted Dr Bash for my AO DMII claim ( my husband had never been diagnosed or treated by VA for DMII as well as the IHD)

I had prepared a cover sheet, referencing specific entries in the records, and autopsy etc.revealing the diabetic condition.

As I mentioned before at hadit, I used his driver's license ( because he had bagged the first deer in the county in 1987 but by 1988, even with a new scope on his Mossberg, he would not take a shot at 7 deer I drove out of my woods to him , as his vision had suddenly become impaired ...symptomatic of DMII) and even his VA dental records oral candisiasis) to prove he had DMII.He was a VA employee and even some of the performance appraisals and also testimony in a EEOC case he had , became probative evidence.

The deer ran right by him but he told the guys at work (VA) he was afraid he would hit me instead.
As they correctly commented, he could always get another wife, but not shooting at 7 deer? That was awful!

His VA vision exam at that indicated something ( forget what now) that also revealed a possible symptom of diabetes.

I left no stone unturned.


You need a strong IMO and also a lawyer to pursue FTCA and also I recommend filing a Section 1151 claim.

Timelines are excellent ways to sorting out these issues.
They can be referred to actual entries in VA medical records..

Medical acronyms in med recs can be looked up at any good medical acronym site on the net.

Anything appearing crossed out....try to figure out what it means...then again this is all what a good IMO doc like Doctor Bash will do.

FTCA and 1151 can become too overwhelming to a lay person.

Those NSAIDS,in my lay opinion, did a LOT of damage to him , as well.as what appears to be misdiagnosis of the Parkinson's, which also seems to me ,to be basis for both direct SC as well as falling under Section 1151.

Many of his past ratings might be too low by now.








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  • HadIt.com Elder

If I were you the information you posted about your Dad, I would find all of his private medical records that pertain to all of his disability's hi-lite the most important parts that you want the VA to Definitely read.

and get his medical records from VAMC (Veterans Affairs Medical Center)and sort threw those and get the ones that the MH social worker or Dr's mention about the negative things about his disability's and hi-light all of the things that pertain to his disability,

or make a call to Attorney Bob Walsh and tell him everything you mention here on hadit or let him know you have these post on hadit so he can read up on them. Bob is a hadit member also!

I think your Dad has good chance of getting boo -coos of retro $$

Also you may want to email Under Secretary Allison Hickey about the unsatisfactory treatment from the VA and what was said to him about the Dr's not listing to him, but don't go into to much detail about it try to make your point short as you can!

By doing this your not only helping your Dad but thousands of other veterans that has a situation as your Dad.

I mention about your Dads Retro $$ above, I hope he gets a lot of $$ but mostly I hope your Dad starts to receive better medical care through the VA.

Note: I am not a Medical Doctor or an Attorney at Law, all my information is just lay opinion's and I am not a leagal advisor, and therefor not held liable/responsible for my advice.

......................Buck

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I searched for some condensed FTCA info here for you:

The evidence needed for Section 1151 claims and FTCA cases is the same.

Medical evidence that reveals the malpractice and additional disability or death directly due to the malpractice.

Omission also is a critical factor. And omission of follow care or proper diagnosis is also malpractice if it causes additional ratable disability of death.

These links will help explain it better

And the topic I thought would help the most has plagiarized info in it:

I went over this above topic carefully many times and it all came from many past posts I made here, some over a decade ago, and on the old hadit board, pre 2005, so the info is sound and it is from me , based on my husband's untimely death due to VA health care,

and not the law firm.

And that information is definitely not originally from the person who posted it.

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  • HadIt.com Elder

Ms berta

How would one find the old hadit board prior to 2005?

I join hadit back around 2002- 2003

......Buck

Edited by Buck52
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I dont know. I have found posts back to 2006 but that is about it.

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Thank You everyone. I have picked up my Dad's Cardiologist records today. I went thru all the records on my healthy vet. Then I went thru records that they mailed him. The healthy vet is defnitely not a complete medical file. I highlighted stuff I also went thru and wrote up a word document of page refrence what was said etc. Let me copy it here This is a work in progress. So please excuse it I removed dates and changed names for dr's.

Current Benefits:

SMC SL Rating Date 2008 and 2014

Diabetes Type II ,Diabetic Neuropathy, Tinea Pedis Service Connected Agent Orange Exposure

20% Rating Date 2004

Hypertension Service Connected 0% Rating Date 2004

Early Peripheral Neuropathy Left Lower Extremity Service Connected

10% Rating Date 2005

Early Peripheral Neuropathy Right Lower Extremity Service Connected

10% Rating Date /2005

Peripheral Vascular Disease Right Lower 20% Service Connected Rating Date 2008

Peripheral Vascular Disease Left Lower 20% Service Connected Rating Date 2008

PTSD 70% Service Connected /2008

Total rating 90% with Unemployability bringing to 100% Service Connected

VA Problem List ( this is the sheet that says his current conditions)

Gastrointestinal Hemorrhage SCT 74474003 Date 2015

Parkinsonian Features SCT 304535004 Date 2015 ( When I see this its not 100% saying Parkinsons. Unless I am mis reading something. But my father has been 100% diagnosed with outside Neuro)

Bells Palsy ICD- 9-CM 351.0 Date /2013

Ankle Fracture ICD- 9-CM 824.8 2013

Seborrheic Dermatitis ICD-9-CM 690.10 2013

Ischemic Heart Disease Code 414.00 2012 <----- Right here it says 2012 they know he has had it. So Im not sure if he can claim back?

Unspecified Psychosocial Circumstance ICD-9-CM V62.9 2012

Coronary Atherosclerosis of unspecified type of vessel,native,or graft. ICD-9-CM 414.00

Spinal Stenosis in Cervical Region ICD- 9-CM 723.0 2011

Vitamin D Deficiency ICD- 9-CM 268.9 2011 with an earlier mention 2008

Sleep Apnea ICD-9-CM 780.57 2011

Leg Pain ICD-9-CM729.5 2010

Shoulder Pain ICD- 9- CM 719.41 /2010

Depressive Disorder NOS ICD-9-CM 311. 2008

Post Traumatic Stress Disorder ICD-9-CM 309.81 2008

Hypertension ICD-9-CM 401.9 2006

Chronic Low Back Pain ICD-9-CM 724.5 2008

GERD ICD-9-CM 530.81 /2006

Diabetes Mellitus Type II or Unspecified ICD-9-CM 250.00 /2006

Diabetic Neuropathies ICD-9-CM 250.60 /2008

Medical History

Cardiac stents 2012

Ankle Fracture 2013

Pg 164 Dr Tremors, Declining health, 2014

Page 238 Dr notes about Caregiver ( was saying that I am my dads caregiver)

Pg 518,519,522, Mentions Abdominal Aortic Aneurysm 2008, 2008

518 Mild Atherosclerotic Vascular Disease is present. 2008

Page 511 Possible COPD

Dxc

2013 pg 240 progress note . Talked about falls and caregiver

2013 p 264 Le Bilateral Hand Tremor, Fall, Cannot Drive.

/2012 p 511,512 LE Eval for Shortness of Breath

2011 p515,516 MRI of the Brain without Iv Contrast Indication Progressive Unstable Gait and Falling

/2011 p 516 Radialculpathy

Consult Requests.

Pg 5 2013 Provisional DX Essential Tremor

Pg 6 201313 Veteran With Parkinsons is referred from PCP for weighted utensils/cuffs to address tremors and functional status. ADL Status MOD I, with difficulty. Pt demonstrated mild tremor with wt utensil.

2013 pgs 19,20,21 1 pg 21 I notice that he has preserved,and brisk reflexes in the legs. This is inconsistent with just a Neuropathy. 2 Neuropathy Also his Neuropathy is most likely related to Diabetes and Vit B12

3 Gait Problems He has had multiple PT Evals in thee past. Staff Physician 2011

2011 PT consult pg 23 Fall with required stitches in chin

2011 PG 211 PCP saying deemed disabled and is not able to be employed in any meaningful manner.

2011 pg 222 call to nurse with no feeling in legs. Legs tremble and falls

pg 223 Leg Weakness Bilateral, Leg Weakness, worsening unable to walk

2010 p295 Cpap Clinic DX Obstructive Sleep Apnea

These are what I have so far. I need to go thru the Cardio Records. Get the records from outside Neuro. Also the rest of the VA med records. I have scoured over these night and day.

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