Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
mtau

PLS and ALS

Question

I would like to know if you are diagnosed with pls, are you able to get disability under als.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

http://archneur.jamanetwork.com/article.aspx?articleid=793404

There is a difference.

Was the PLS diagnosed by the VA or by a non VA specialist? Did they say they would expect a possibility the PLS could advance into ALS?

Share this post


Link to post
Share on other sites
  • 0

This vet had his PLS service connected as a variant of ALS.

http://www.va.gov/vetapp12/Files6/1241096.txt

The vet cited some treatises and also he had a strong IMO.

Would your doctor (if non VA) be willing to prepare and IMO for you if needed?

The above articles or medical treatises the vet used might be enough for VA to connect the dots but probably not.

Have you filed the claim yet?

 

Share this post


Link to post
Share on other sites
  • 0

Thanks for the replys Berta. A private neurologist said that it could be pls. I've been going to the va for the last 8 years with neurological problems ie lack of mobility in legs, numbness, etc. First they diagnosed pinched nerves in my back. Got mri, seen a neurosurgeon, he said there was no evidence of pinched nerves in my spinal column. The last neurologist I went to at the va, said that he didn't know what I have. Haven't filed for PLS yet. Did file for PD last year, because I thought that was what I had. It was rejected, which I thought, Just wanted my neurological disorder on record.

Edited by mtau

Share this post


Link to post
Share on other sites
  • 0

I would file for ALS as a variant of PLS ,as the vet at the BVA did.

There are a few more PLS claims there but I don't have time to read them today.....when I can ,and if they might help, I will post their links. If that Neuro you see would agree with the variant statement and give a brief opinion that you do have PLS ,"more the .llikely" as an ALS variant,  and you can refer the doc to the studies in that decision, I think you can definitely succeed in the claim.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Bertha,

You are a walking wealth of knowledge. Whenever, I observe your posting, I generally stop to read. Interesting reading about PLS as a variant of ALS. Particularly as it relates to  my husband's gradual worsening condition of indeterminate onset after Vietnam/Agent Orange Exposure.

My husband finally  took my advice and made it known to his VA doctors that he has lost use of his right hand. Since he is left handed, he has managed to cope for many years as he gradually lost use of his right hand.. This issue with his hand has been a gradual process over the years to which it is not one that can continue to be ignored at this point. It first became more noted about 9 years ago. However, his right hand has become increasingly clawed and deformed looking. One of his fingers on his right hand is completely crooked and immobile. He cannot push back on force when right hand or fingers are pushed on with force.  My husband cannot screw lids off jars with his right hand. He can no longer grasp the car's steering wheel to steer the car with his right hand. The responsibility of preparing his ostomy bag by cutting a hole to fit the size of his stoma and clipping the ostomy bag closed at the end is completely on me now. Because my husband can no longer use scissors for cutting and cannot clip items together due to the loss of strength/use of his right hand.

On the possible/likelihood of the contributing condition of my husband's neuropathy in both feet and hands; the VA's desire is to continue to blame my husband's past use of heavy alcohol consumption for his neuropathy. To that effect, he was denied the neuropathy claim. We appealed that denied finding. it is presently on appeal. He now has been determined to have DM2; but, his neuropathy was denied prior to the DM2 determination. 

My husband use to always say that a pinched nerve was causing his hand to gradually become worsened to the point of losing all use, The VA doctors in the neurology department are saying his hand has increasingly become worsen over time due to a pinched nerve in his neck and degenerative narrowing of his spinal cord. After my husband's MRI, we had a consult . it  was proposed to operate on my husband's neck to relieve the pinched nerve. In discussing possibilities of the underlying cause, degenerative arthritics was mentioned. They also seemed to think tht my husband's condition could be related to the neuropathy;; however, had gone beyond neuropathy. ALS and MS was sort of mumbled by the doctors as a musings of wondering to pinpoint. Then, after the X-ray, the supervising/Chief doctor called to say upon viewing the X-ray, surgery would not alleviate the problem. So, next month, my husband has an upcoming EMG, So it seems, the jury is still out to say exactly what has caused my husband to lose the use of his right hand.

Edited by DonH
spelling, clarity, and adding more details

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Ads

  • Our picks

    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines