1151 Spine Claim

[63Charlie]

In 2007, I went to the VA because I was having back pain.

A thoracic MRI was ordered.

Two different VA doctors said they reviewed my MRI and that it was normal.

Kept working in construction and kept complaining to the VA about back pain.

They sent me to another VA doctor that said I had a small fatty cell lipoma in my right scapular area.of my back.

I asked him if this was causing the pain and he said that they are usually painless.

I was hurting all of the time and called them(VA) and said I'm tired of the back pain and I want the thing cut out.

I was getting nowhere with them so I started taking OTC meds for chronic pain,

Three years roll by and I'm still valiantly trying to keep up doing my construction job in agony.

Stepped in a pot hole on a job site, twisted my kneed badly, and ripped my right meniscus on my knee and had a MCL sprain.

Knee never healed back right so I was unable to return to my former job involving heavy manual labor..

I decided I needed to file for SSDI.

Gathered my VA records and records from private docs for SSDI.

Got a copy of my MRI from 2007 on my back and the radiologist reported multiple herniated discs abutting my spinal cord in my thoracic spine.

All of my suffering and chronic pain complaints and not one VA doctor read my radiology report.

This is a clear case of medical negligence.

My spine is a total wreck now, Got a consult in two weeks with an ortho spine surgeon.

I currently think I have about nine herniated discs, and some are causing marked spinal cord compression, and many neurological abnormalities, scoliosis, loss of cervical lordosis from all the muscle spasms, numbness in my extremities, and more.

Thanks to VA  doctors I kept doing heavy lifting at work. believing their diagnosis until it was too late for my spine.

This line of work accelerated the progression of my IVDS.

It's too late.

I'm screwed for the rest of my pain-ridden life.

 

[Andyman73]

63Charlie,

I feel your pain, literally.  I fell down a flight of stairs during boot camp, 23.5 years ago. The VA's own radiology lab found degenerative disc disease at several locations in 1997.  To this date, I have no SCD rating for that.  I did get a 10% for low back pain/strain dated to my EAS of 11/98, which was bumped to 40% on 03/15. 

My injury date was 11/21/1992.  I also injured my knees and neck during same shortcut down the stairs.  I'm now dealing with pain throughout my SI joint/illiac crest region-bilaterally.  I had injections for the pain in both SI joints, on the 4th of this month.  No relief what so ever.  All this through the VA.  Went through PT, which was stopped after 3 sessions by the PT himself, due to no change and increased pain.  Saw physiatrist, who referred me to the ASU for pain relief injections.  So far I've been looked at, poked at, prodded, and enjoyed an EMG, by 6 different VA medical types, but not one official DX offered or given.

 

[Berta]

9 hours ago, 63Charlie said:

Got a consult in two weeks with an ortho spine surgeon

Would this surgeon be willing to prepare an IMO/IME for you, following the IMO criteria here at hadit?

If not you could consider contacting Dr. Craig Bash Bethesda, whose contact number (and many radio shows with us) are here too

because , although IMOs are expensive, they have helped many here. He is a NeuroRadiologist.

The VA will fight 1151s aggressively.

They could try to say the pot hole accident caused the herniated discs and then ignore the fact that the MRI , revealing the herniated discs was done before the pot hole fall.

"All of my suffering and chronic pain complaints and not one VA doctor read my radiology report"

In my husband's case they couldn't even read a X ray of his heart nor his EKGs.

You will need an IMO/IME that gives a full medical rationale ( in my 1151s there  was also a time table I prepared , with reference to specific medical entries, or lack of entries ( lack of proper diagnosis and treatment) and a full medical rational from me.

I do NOT advise doing this yourself however. Get a real doctor to go over your complete VA and private med recs.

I used Dr Bash for my direct SC claim for misdiagnosed DMII due to AO. My RO refused to consider his IMos but the BVA didn't and awarded that claim

I had no IM0s for my 1151 claims, but I can tell you they were ruthless in some of the things they said in order to deny the initial 1151 in 1998.

They immediately changed that denial however when the GC called them up ( FTCA settlement- wrongful death)

They ignored the settlement papers I sent to them until GC called them.

I think you are far beyond the FTCA Statute of Limits. 1151 should bring  what you want, if a strong medical opinion agrees with your claim and also that non VA opinion can determine what additional disabilities you have now, solely due to their malpractice.

 

I would think Dr. Bash  could help you with a strong IMO for this claim, if the surgeon can't.

 

 

 

 

 

 

[63Charlie]

The mental anguish of dealing with the VA is too much for me. 

The VA has granted my anxiety 1151 claim at 50%.

I just had a C&P for tinnitus/hearing loss done.

The VA has deferred my spine claim.

Deferring my spine claim enabled the VA to deny my claim for TDIU.

I'm hiring a good attorney and he will be able to fight for me.

I'm in too much pain and irritable most of the time to do this alone.

[Berta]

They count on us to become too disabled and too frustrated to deal with them.

The very system you men and women created due to your service , insuring them nice pay checks , has become a National Disgrace.

VA is wracked with scandals worse than anything I have seen in 30 years.

The VA got bad after they became a Cabinet post.

 

 

[Vync]

14 minutes ago, Berta said:

They count on us to become too disabled and too frustrated to deal with them.

The very system you men and women created due to your service , insuring them nice pay checks , has become a National Disgrace.

VA is wracked with scandals worse than anything I have seen in 30 years.

The VA got bad after they became a Cabinet post.

110% accurate!

[Andyman73]

Makes you wonder how other countries treat their Veterans.