Nod For A Denied Food Hypersensitivity

[Scott D]

I have received a letter from the VA that denies SC for food hypersensitivity. While in service I became allergic to almost all fruits, vegetables, grains, nuts, and shellfish. My SMR mentions my first consultation with a Navy Corpsman who referred me to an Army hospital for testing. I have the results of the skin prick test but not the write up from the Doctor. At this time an Epi-pen was also prescribed in case of anaphylactic shock. I have had most of my treatment done since separating. I have been placed on a restriction diet due to complications from eating these foods. This has proven to be damn near impossible to live up to. How do I go about getting SC?

Thanks

[Nathan104]

I have received a letter from the VA that denies SC for food hypersensitivity. While in service I became allergic to almost all fruits, vegetables, grains, nuts, and shellfish. My SMR mentions my first consultation with a Navy Corpsman who referred me to an Army hospital for testing. I have the results of the skin prick test but not the write up from the Doctor. At this time an Epi-pen was also prescribed in case of anaphylactic shock. I have had most of my treatment done since separating. I have been placed on a restriction diet due to complications from eating these foods. This has proven to be damn near impossible to live up to. How do I go about getting SC?

Thanks

Does it state in the decision why they denied service connection? My tinnitus claim was denied and stated there was no evidence in my SMR's to support the claim(there was, they missed it so Im appealing while sending in highlighted copies this time)

Two other conditions I was turned down for state that although they were in my SMR's and chronic in service, they were not considered a chronic condition at the present time.

It should state in your decision what the problem is.

[Scott D]

Yeah it says there is no evidence in my SMR. Very similar to your case.

[Berta]

Scott-

"Yeah it says there is no evidence in my SMR"

I never believe what the VA says- unless it is something good-

You need to get your SMrs and give them a good look yourself.

Allergies can alter our lives-mine cost me thousands this past summer-

Do you have a private allergist who could write an IMO for you?

Still they would need to state the nexus and they would need a copy of your SMRs for that too-

SMRs-

http://www.archives.gov/

You can apply on line----

If I were you I would request -on the SF 180- all of your personnel records too----as well as medical ones-

did allergies in service - affect your duty in any way-causing perhaps a change of duty?

[Scott D]

Berta,

I have been working with a allergist for over a year now. He has written multiple IMO's but the VA here in Wa has failed to acknowledge them.

[Berta]

I can relate to that- do you have a vet rep?

I have sent my IMos to the Director, the VSM, to the DRO, via the regular mail with just attention to and the odd re: number on their mail, and to my POA.Also in a letter to Senator Craig I referred to them-which the VARO got letter from him 5 days after he got mine- but they still have not answered-

Even the BVA on my remand sent them the IMos which I attached to my remand request-sent there-

I filed SF 95 federal tort claim in Sept as I have been damaged to the tune of $4500.

VA Counsel isnt sure yet if this is a tort- they never had one like it- if it is -I will tell you how that goes-talked to the RC yesterday-

I dont want the money back-I want Due Process-An acknowledge that the VARO has these IMos-

then I could withdraw the SF 95 charges.

Yesterday the VA by Iris stated that they have never received my IMOs. Since sending 2 in 2004 and one more in Aug 2006. 12 times the initial 2 IMos have been sent-

I await the latest from my POA since this VA inquery damages their credibility as to their own assurance that they gave the IMos to the VARO also on two specific occasions-

This is a direct violation of our due process rights and I sure won't stand for it.

If they do not acknowledge medical evidence-obviously they can easily deny a claim.

However they must address all competent and probative medical evidence as stated within 38 CFR Book C adjudication, 4.3 and 4.6.

As I told counsel yesterday-I HAD to go outside the VA system to get "competent" medical evidence in the form of costly IMOs-

for 6 years the VA medical care Rod had was so incompetent (FTCA Sec 1151) that they killed him so this is one more reason my supporting IMos are probative. The third IMO completely knocked down some VA quackola-from a VA "expert".

You need to get tough on this-

what VARO is this?

I can deal with anything they could come up with to go against the IMos I have and am willing to get another one- of a different type-

but I told the RC they would probably s__t -can a fourth one too-

I think the VA would actually have to invent some new disease to try to go against my IMos.

I say get tough but I thought I did everything I could-yet-

I have just put the big squeeze on my vet reps on this too-they have some answers I want to hear.

This is a direct violation of our most basic rights within Duty To Assist.

I absolutely refuse to accept it any longer.

Edited December 14, 2006 by Berta