Should I get a lawyer?

[kenvan19]

I separated from the Army in May of this year and have had a pretty quick process with my claim. I was seen in July and today received my ratings but that is where things take a ridiculous turn (as I'm sure is not uncommon). See, I don't have any combat injuries. In fact, my only "injuries" resulted from a completely non-necessary wisdom tooth extraction that was completely botched. While removing my teeth, they pierced my sinus cavity and damaged my trigeminal nerve (the one that controls basically half of your face). As a result to the nerve trauma I developed (and was diagnosed by Army Neurologists with) Paroxysmal Hemicrania; a very rare headache condition consisting of extremely painful one-sided head aches lasting only a few minutes but occurring near daily. Important to note that, by the way, my diagnosed headache condition states that I get headaches almost daily. As for the nerve damage...Ever bitten into something cold and had that horrible pain in your teeth? I have that in my bottom front teeth constantly combined with a burning sensation along my left side lower jaw. Again, this is diagnosed and I take 900MG of a nerve pain pill called Gabapentin (Neurontin) daily. On top of that, I have semi-paralysis of the left side of my face. I can't really feel it and I cannot fully close the left side of my mouth. When I smile, its not crooked because that side just doesn't do as much. This is all massively documented.

 

The decision I received from the VA stated that I got 0% for the nerve pain because "not warranted for neuralgia of the 5th cranial nerve unless the evidence shows the nerve damage is moderate". So constant pain that must be treated daily combined with partial facial paralysis does not constitute "moderate" damage?

 

For sinusitis 0% (infection from the piercing of my sinus cavity, they said I don't have "three to six non-incapacitating episodes of sinusitis characterized by HEADACHES, pain, and purulent discharge or crusting." Well, headaches are covered and I get a sinus infection at least every few weeks with crusting and purulent discharge...all documented.

 

For episodic paroxysmal hemicrania 0% (claimed as migraines, which is cool because they are completely different from migraines but whatever) I would need "characteristic prostating attacks averaging one in 2 months over last several months". Remember the whole "almost daily" thing about my headaches? Not sure how almost daily doesn't qualify as one in 2 months. 

 

Basically, I have the evidence to prove all of this. Hell, THEY had the evidence and somehow managed to ignore all of it and decide things that made no sense. So should I get a lawyer? Should I get seen by another medical provider for further evidence? I'm baffled here because they literally looked at my medical records and said "We're going to just ignore that". I am furious and confused and I need help.

 

 

[Buck52]

kenvan19

check out this link

http://www.va.gov/vetapp97/files1/9703954.txt

[john999]

I would get a lawyer when and if you feel that you are in deep water and don't feel competent to handle your appeals etc.   I think for your claim you need more evidence via an IMO and you need to appeal the rating decision.  Brother, do I know about military dental care.  I, too, had a couple of teeth pulled including a wisdom tooth in the Army.   The dentist made a mess of it.  I went to army dentist with clear case of TMJ  (1969) and the dentist was careful not to document my condition while doing nothing to treat it.  I remember claiming TMJ and finding out the dentist did not document the DX.  For the VA to ignore your evidence is nothing new.  This is why you must appeal via NOD to start.  I would get the IMO/IME type exams to bolster your claim and attack the exact points where VA has gone off the rails to low ball you. I would see a VA shrink also.  If this injury is causing you to feel depressed or socially isolated  due to disfiguring mess they made of simple tooth extraction you could even file a claim for depression or social phobia.   I feel for you since I also had the VA maim me with totally incompetent dentist.  They made no attempt to save my back tooth.  They just pulled it so I would not miss my trip to Vietnam. 

 

 

[kenvan19]

@buck52 Awesome link! I'll keep that case file stored so I can reference it since its pretty similar to my own.

@john999 Oddly enough a friend of mine went in for the same procedure around the same time and has pretty much the same issues now. Sadly, she was also forced to break a profile and fell off a climbing wall and is now undergoing a med board for that but I'm going to forward buck52's information to her as well. Appreciate the support!

[broncovet]

If this was a RO decision, then the procedure is to file a NOD and ask for a DRO review.  Then, you should either get the benefits you seek or get a SOC.  If you get an SOC, then you have 60 days to file an I9, "Appeal to the BVA".  

You probably dont need a lawyer at this point, its not to difficult to file a NOD, and an I9.  If the BVA denies, then is a great time to get a lawyer.