Administrative law judge

[vetquest]

My case has now been forwarded to the administrative law judge attorneys.  What does this mean?

[Gastone]

I think you've got an eventual LOCK on the IU when all is said and done. RO just has to re-Rate all your current SC's 1st.

The pdf labeled Malingering was a concern until I opened it. Any mention of possible Malingering would be bad. Nothing at all about Malingering stated or discussed, that's a relief.

As to your Claim of IPN Secondary to Heat Stroke, I see problems. The 02/2010 PN DBQ really hurts. It appears that your IPN symptoms, as reported by you to the VA Examining (?Neurologist?) Dr Whaley MD, 1st appeared around 1995 about 12 or 13 yrs after the  "In Service" Heat Stroke.

Dr Whaley, in no uncertain terms states, that your IPN cannot be Nexus to the 1983 Inservice Heat Stroke because of the "Many Years" post Heat Stroke before symptoms presented (94 or 95).  Do you know if Dr Whaley was a Board Certifed Neurologist?

[Gastone]

Had I opened your PTSD pdf I would have seen the IU Award. I was right on the IU Award, just a little late.

Just checked Dr. Whaley's Creds, Grad 2003, Board Certified by American BD of Psychiatry & Neurology. Your IPN claim may come down to Dueling Neurologists.

I believe most "Non-Hired Gun"  MD/DO's are very reluctant to knowingly disagree with a fellow Physicians opinion. That said, even the possibility of a Jump Ball Decision, would get you the SC.

Semper Fi

[vetquest]

Thanks for replying, and reading that saga.

I am hoping that Dr. Whaley loses his credibility after calling my service connection not service connected, especially after another va neurologist in 2006 said it was and affecting my job significantly.  They say that it was years before the neuropathy became apparent but in a discharge medical report it was reported that loss of feeling in the hands and feet is prominent when I was suffering the "atypical seizures" that were the reason for my discharge.  Small fiber neuropathy can take years to show up on tests.   I called it malingering because when he did the C&P he was rude and called me a malingerer.   

Should they have evaluated me for IU when I went to 80% in 2007?  They specifically noted in my SOC that was not considered.

Thanks again.

[MikeR]

I read that report of Dr. Whaley, and he sounds like a real hoot. You are on a lot of drugs, depressed, and have migraines....but in his opinion could probably work, but he can't opine wink wink. That letter pushed my buttons. VA psych docs are a lot of charlatans.

[vetquest]

3 minutes ago, MikeR said:

I read that report of Dr. Whaley, and he sounds like a real hoot. You are on a lot of drugs, depressed, and have migraines....but in his opinion could probably work, but he can't opine wink wink. That letter pushed my buttons. VA psych docs are a lot of charlatans.

Dr Whaley is a neurologist believe it or not.