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

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    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

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63Charlie

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Question

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Edited by 63Charlie

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On ‎6‎/‎11‎/‎2016 at 1:43 AM, 63Charlie said:

   In 2008, I went to a VA doctor for back pain.

   The doctor ordered a thoracic level MRI.

   The doctor reported that the MRI results were normal.

   I kept complaining of back pain.

 

   In 2009, another VA doctor reviewed my MRI and reported that it was normal.

 

   The pain continued.

 

   I worked until  2010 when I had a job injury to my knee.

   Had to have knee surgery but it didn't heal right so I couldn't go back to doing construction work.

 

   I knew I'd have to file for SSDI.

 

   In 2011, I sought out my VA medical records to use for SSDI, and discovered the VA doctors had misdiagnosed the MRI spinal examination.

 

    Almost three years later, I discover that I had thoracic degenerative disc disease,indicated my the 2008 MRI, with a herniated T6-7 disc abutting my spinal cord.

  

   Shortly thereafter, I informed the VA doctors they had misdiagnosed my MRI results, and the VA expedited me for MRI of my thoracic, lumbar, and cervical spine.

When the results of the new ones came back, I had two additional herniated discs in my thoracic spine, and the other levels of my spine were even worse.

I had thoracic degenerative disc disease with a herniated T6-7 disc abutting my spinal cord.

 

   SSDI was granted in an on the record decision in 2011 and back-dated effective to the date of the last day I worked in 2010.

My spinal disorders and chronic back pain were listed in my SSDI application.

 

   The VA doctors were negligent through misdiagnosis of an exam, and failure to timely diagnose and render treatment for my spinal conditions when they should have in 2008.

My disease continued to go undiagnosed/untreated by the VA until it had permanently crippled me.

 

   After providing proof in my 1151 claim of negligence, the VA denied and said it was unfortunate but there was no negligence on their part or no causation of my disabilities.

I';m taking it straight to the BVA on appeal.

   

   This is where I hand the ball off to Dr. Bash.

 

 

for what???   you said

 

   In 2009, another VA doctor reviewed my MRI and reported that it was normal.

 

   The pain continued.

 

   I worked until  2010 when I had a job injury to my knee.

   Had to have knee surgery but it didn't heal right so I couldn't go back to doing construction work. Good luck

 

Edited by RUREADY

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You already gave the VA a chance to own its mistake, time for you to get a lawyer.  Similar cases for failure to diagnose have done very well against the VA via FTCA.  If you filed 1151 and were turned down, did you have an IMO pointing to the error, or was it just your lay statement?  You can reopen w/IMO if you didnt have one.  

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