Misdiagnosed for years - Now What

[Galen Rogers]

Howdy all. I have suffered from allergy symptoms and chronic sinusitis symptoms for years. My STRs all hypothesized that I had moderate chronic sinusitis but never an absolute diagnosis.  I had xrays that indicated there might be retention cysts or polyps but were not conclusive. I had a CT scan in 2004 that definitively stated there were bilateral retention cysts in my sinus. When I filed in 2000 the VA gave me 0% for allergic rhinitis but denied that I had chronic sinusitis. Now I have had the constant pain and pressure around my eyes and ears clogging up for more years than I can count during service and after. I ate pseudoephedrine like candy for years until it started affecting my ability to urinate.  It is the only thing that lessens the pain and pressure. The allergy medicine only helps with the normal allergy symptoms like sneezing, itchy eyes, etc.. So I finally had it and went back to the doctor asking to be sent to an ENT. Instead she sent me to an Allergist. He confirmed that I was correct in that my allergies were not the true cause of the pain and pressure. He informed that I have vasomotor rhinitis along with my allergic rhinitis. SI guess I need to go back to the VA and request an increase in my Rhinitis since they both are rated under the one code. But I also feel it should be back dated to my original claim. Am I just being wishful or is it something I should pursue.??? I know the most I can get is 30% but that is better than 0%.

[broncovet]

No, it isnt wishful thinking.  Go fight them.  File your applicable appeals, You have a lot of legal precedence on your side.  Wait on the (possible) cue, however, until you have exhausted all other means, especially 38 cfr 3.156. 

You can also file for secondary conditions, especially stuff where the meds you take for your sc condition cause something else to go wrong, as you so indicated.  

A full review of your file is necessary to determine whether or not you have a case for an earlier effective date, either through 3.156, or a bunch of the other stuff.

It also may be worth your while to discuss your claims with an attorney.  He can at least tell you if he thinks its worth fighting for.  Here are a few examples.  By the way, I read what I am posting below, and actually hired Chris Attig to fight for an earlier date for me, because I saw some of the same things in my claim that he listed.  https://www.veteranslawblog.org/the-ultimate-va-claims-effective-date-checklist-how-to-get-an-earlier-effective-date-in-your-va-claim-or-appeal/

Chris Attig has my claim at the CAVC, but I wont know the results until probably toward the end of this year. 

Im encouraged that he took my claim, reminding you he does not get paid unless I win at least a remand.  Even better, the EAJA will likely pay most or all of my attorney fees.  I know this as I have done it before!  

Edited July 31, 2018 by broncovet

[Berta]

." I ate pseudoephedrine like candy for years until it started affecting my ability to urinate. "

Was it prescribed by the VA? If so have you discontinued using it?

[Vync]

What you indicate is not that uncommon. Around that time, the VA was giving me 360 count bottles of pseudoephedrine to help treat my AR.

[Berta]

I think people here might get tired of hearing what happened to my husband-that's OK- it has helped some vets.I will be brief.

My husband was prescribed pseudoephedrine for 6 years, to take capsule 4 times a day, for sinus problems.

The VA, in medical agreement with the multiple malpractice charges I made against them , after his sudden death,

found that the pseudoephedrine was a contributing factor to his death.

After he died and I got his Medical records, I discovered he  didnt even have a sinus condition, and this med (pseudoephedrine) contraindicated the HBP med he was on.No wonder he had a stroke and died of a massive heart attack with stroke contributing. The HBP med he was on, as within the VACO Peer Review (FTCA)was also the wrong dosage.

 

 

 

 

 

57 minutes ago, Berta said:

 

 

[Vync]

Berta is right. Pseudoephedrine definitely can have cardiac side effects. After taking it for years in the service and after, I had to switch over to something else after I was diagnosed with HBP and AFIB. The HBP still is an issue, but AFIB does not happen as often.

If the conditions are found to have been caused by medication used to treat a service connected disability, a secondary SC claim may be in order.

[broncovet]

Well, I guess the VA is not the "only" corrupt organization in our government, where profits are more important than people's lives.  I looked up psuedoephedrine on wiki pedia, and it does not show any thing about it causing heart problems, (long term, even tho we now know that is true), so of course, its continued to be marketed and sold (probably with or without prescriptions since I think this is now sold over the counter).  

The FDA is that way also.  Case in point.  The evidence is not unclear.  Hydrogeneted oil kills 30,000 people per year, according to a study by Harvard University.  It was recommend to be banned from all food products.  

The food companies lobbied FDA, so it isnt banned, because it would take them a long time and cost a lot to reformulate many products without hydrogenated oils. 

A few companies have responsibly take out hydrogenated oils (also called trans fats), such as Lay's Potatoe chips and Voortman Cookies.  But others continue to feed us this oil, which clogs our blood vessels and causes heart attacks and strokes.  

Hydrogenated oil (Aka trans fats) is great for food companies.  It makes an oil, which is normally a liquid at room temperature, a solid.  Even better for food companies, bacteria can not break down hydrogenated oils, so products made with them last on the shelf indefinately.  One person showed that Twinkies (rich in trans fat oils) was still edible after 20 years.  

Bacteria are smarter than we are, they dont eat trans fats.  We do, then die from heart attacks and strokes frequently.  Trans fats kill you very, very slowly, eventually clogging up your veins causing a stroke or heart attack.  Death certificates dont show "death by trans fats", they show you died of a heart attack, even tho its often the same thing.  

In some primitave countries, where they dont have trans fats, poeple often live longer.  The science is not debatable, its definative, but FDA still allows this poison to be in our food because it saves food companies money because they dont have to to throw as much food away, it has a very long shelf life.  

The ban on trans fats in New York has saved lives.  https://www.nbcnews.com/health/health-news/trans-fat-ban-saved-lives-new-york-study-shows-n745631