Just wondering, if this maybe a CUE?

[Sailorman]

In 2012, I was denied service connected for Necrotizing Myopathy. At the on-site of my disease my private doctors believed my muscle weakness was due to my statin meds. This is the reason the VA turndown my claim. I also submitted the claim under desert storm undiagnosed illness since sat time my condition was being examine to to find the try cause of the illness. 

After further testing, my diagnosis were Limb Girdle MD (adult onset).  The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions. Am I correct? Or, should I just resubmit a new claim for Limb Girdle?  

Yes, I do have a nexus. 

Much appreciated!

[Berta]

Statin meds have definitely been associated with Necrotizing Myopathy.

But was this diagnose changed to Limb Girdle MD, or o you still have the necrotizing myopathy diagnosis and current issues with that?

Limb Girdle MD can have a genetic component that would cause the VA to probably deny right away if you claim the LGMD.

https://lgmd-info.org/

Have you ever gotten a second opinion from a non VA doctor-if VA gave you these diagnoses?

Have you ever considered that?

Reason I ask is that I tried to find a necrotizing myopathy claim at the BVA….

I noticed that at least 2 claims there had NM in them but the diagnosis had changed.

For example, this vet had claimed Limb girdle  atrophy and scoliosis. Another diagnosis was muscular dystrophy.

“ORDER

 

Entitlement to service connection for muscular dystrophy is

granted.

 

Entitlement to service connection for scoliosis is granted."

https://www.va.gov/vetapp07/files4/0733072.txt

You stated:

 “ The reason I believe the initial, claim may be a CUE because the condition was chronic and therefore as should had fallen under presumptions.”

 

These are the main Gulf War Chronic presumptives:

https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp

VA added 9 infectious disease to that list in 2010:

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=1974

Also I did a radio show in our archives around that time describing these disease=available in our blog radio show archives.

What rationale do you have for the Necrotizing disease to be presumptive. Is it on your discharge certificate? Or were your treated in service?

Can you scan and attach the denial here as to their Reasons and Bases for the denial, and include scan of the evidence list? Cover you C file and name prior to scanning it.

 

[Berta]

One more thought-many years ago, (I had done some radio shows with Dr. Bash,who has Multiple sclerosis, and I seemed to have some of the MS symptoms, which was ruled out immediately  by a blood test for muscular disease- and I needed only a podiatrist and orthotics instead....)

There is some association between both  necrotizing myopathy and limb girdle disease on the net, with Multiple sclerosis.

MS has a very favorable presumptive period as this VA link shows:

https://www.va.gov/MS/Veterans/Benefits/What_Are_My_VA_Benefits_for_Multiple_Sclerosis.asp

You have probably acessed the many sites already as to your conditions...and do have a definitive diagnosis- but have they ( VA or private doctors) ruled out MS in your case?

 

[Sailorman]

Good morning, Berta!

I appreciate you assisting me, I sincerely do. 

“Statin meds have definitely been associated with Necrotizing Myopathy.”

Yes, this was new to me in (beginning 2014). Private doctors didn’t know what was causing my muscle weakness. It was initially diagnosed as NM. That when I submitted a claim to the VA and subsequently denied. I never appealed. After further testing, the doctors determined my muscle weakness was due to Limb Girdle MD. Furthermore, I never have went to he VA for care, I only have seen private doctors. I have a ton of records. 

“But was this diagnose changed to Limb Girdle MD, or o you still have the necrotizing myopathy diagnosis and current issues with that?”

They never officially ruled out NM as a diagnosis because I see listed as one of my medical conditions in my medical record. 

“Limb Girdle MD can have a genetic component that would cause the VA to probably deny right away if you claim the LGMD.”

Yes, I thought of that. However, being that it was adult on set I thought it my be possible. 

“Have you ever gotten a second opinion from a non VA doctor-if VA gave you these diagnoses?

Have you ever considered that?”

Yes, I only see private doctors. 

“What rationale do you have for the Necrotizing disease to be presumptive. Is it on your discharge certificate? Or were your treated in service?”

My blood work. I had a neg. ANA entering the service but had a positive while on active duty. That was the first sign of my muscle breakdown. Plus, I’m service connected for back, knees, and ankle with arthritis. 

“Can you scan and attach the denial here as to their Reasons and Bases for the denial, and include scan of the evidence list? Cover you C file and name prior to scanning it.”

I’m currently bedridden. The folder is in a box in my basement. I will have my son go get the box later so and have him scan it for me. 

[Sailorman]

“You have probably acessed the many sites already as to your conditions...and do have a definitive diagnosis- but have they ( VA or private doctors) ruled out MS in your case?”

Thank you! I know about the tie between NM and MD.  Yes, I have assessed many sites but never seen the one that you forwarded to me. All this have been so confusing. I’m just in need to get this illness service connected so I will be able to qualify for the housing grant. My wheelchair can barely maneuver in my home. Also, ingress and egress is a challenge. 

[Berta]

 

With 100% SC now you might already be eligible, but not sure:

"Plus, I’m service connected for back, knees, and ankle with arthritis. " Is that why you need the wheel chair?

https://www.benefits.va.gov/homeloans/adaptedhousing.asp

But I dont understand this part at all.......

*" This eligibility criteria is limited to 30 recipients per fiscal year (FY). The cap for FY 2018 was reached in November 2017. Servicemembers or Veterans that have the qualifying disabilities to be rated eligible, but did not receive one of the 30 grants due to the cap being reached, may be able to utilize this benefit in FY 2019 or future years if the authority is continued by law, and provided the new FY cap is not also surpassed."

Does anyone here have more info on this?

I would think this article would help you file a claim for Aggravation of the Non SC disability as due to the 100% other disabilities. That might set you up for SMC, depending on how they rate the NSC disability as to what level of aggravation the SC disabilities have caused.

https://www.hillandponton.com/happens-service-connected-condition-causes-disabilities/

Attorney Matt Hill is a hadit member.

 

[Sailorman]

“Is that why you need the wheel chair?”

Yes, it is. Currently, I am such  bad condition that I need aid in transport to and from everything. 

You may be right about about my eligible presently. I may be wasting my time on this CUE claim. As oppose to focusing my effort on submitting a new claim for SHA and A&A.  Like you said, that may trigger a SMC which would be great.