Not service connected

[Yharris 0]

Hello all. So I got my rating for multiple disabilities.  The main issue I thought would be awarded was Kidney Disease.  I have a sponge kidney and suffer from kidney stones frequently.  I had no issues before service.  I had a back injury and was continually given 800mg Motrin to help with the pain.  I did and have done research that states too much ibuprofen can cause kidney damage.  I'm at a crossroads.  I know that every issue a person develops can not be blamed on the service and I'm not trying to seem ungrateful because I truly am blessed for getting the  80% that I  was awarded but, I'm wondering if I should seek an attorney to get this issue service connected? Any advice would be appreciated.  Thank you and have a good evening. 

[brokensoldier244th 968]

what is your basis for claiming that your kidney disease is service connected? What was your doctor's rationale for creating the connection between service and your kidney disease? What did the denial actually say? 

 

[broncovet 4,245]

Were you denied SC for this within a year?  Then an appeal is the first step.  

You are going to need medical evidence that your kidney issues is either secondary to an already SC issue, or that a doc opinies your kidney issue is at least as likely as not due to an inservice event.  

[Yharris 0]

Good morning,  my claim just closed last week.  My rationale is that the damage to my kidney had to have been caused by the medication given to me for my back pain.  When I got out of service,  my primary care provider told me that sponge kidney occurs when you have consumed too much ibuprofen or if I have sickle cell and I don't have sickle cell disease. My kidneys were just fine upon enlisting.  If it's not service connected then I have no choice but to move on.  Just thought I would ask to see if any of you had any insight on this.  Thank you for responding

[brokensoldier244th 968]

What did they prescribe, how much per dose, and how long did you take it? 

 

For example. I got out in 2002. For 6 months up to that point I was taking 3200 mg ibuprofen a day. After I got out and got home, I got into VA healthcare and was taking the same 3200 a day, plus Gabapentin 1600 a day. I asked about the same thing, potential damage to kidneys/liver from taking NSAIDS. I was told by VA and by my own doctor that it takes years of dosages like mine, or higher to get to a point to consider it a possibility.Took ibuprofen and Gaba for about 6 more years.  Its now 2020, I take tramado (an opioid)l and Etodalac- a stronger NSAID like iburprofen, but only 1 of those. Same strength, just fewer pills. No kidney damage or liver problems. 

You may have kidney problems from NSAIDS, but you are going to have a difficult time finding a doctor to prove it because it takes years of high dosages, and it only occurs in about 5% of patients. 

 

https://www.ncbi.nlm.nih.gov/pubmed/1894754

 

Good luck to you. 

[vetquest 1,032]

That is good that your claim just closed.  What was the decision, a denial or an award?  If you redact personal information and post it here we can help you decide which route to take.  

I was once on salsulate, a form of ibuprofen at 1600 mg a day, prescribed by a VA doctor.  When I went to see a urologist, he freaked out.  Was this prescribed or just something you were doing on your own?  It has bearing on how to file a claim.  If it was not prescribed for you I would first file an higher level review or supplemental review depending if you have new information.  You might need an IMO or independent medical opinion.  These are expensive usually but are usually a win at the board of veterans appeals if they have all of the right information.

Edited February 26, 2020 by vetquest

[Yharris 0]

All meds were prescribed.  800 mg ibuprofen and naproxen.  I got injured in 1994 and took the medication until discharge off and on. I was granted SC for high blood pressure as well as for the injury to my back.  I also claimed UTI but that was also listed not service connected.  I am unable at the moment to upload my documents because I'm not good at doing that on my cell.  Don't get me wrong,  I am thankful for the percentage I was awarded.  I just know that there are some very knowledgeable people in our circle and just wanted to see if any others may have information about this. 

[Guest]

2 hours ago, Yharris said:

Good morning,  my claim just closed last week.  My rationale is that the damage to my kidney had to have been caused by the medication given to me for my back pain.  When I got out of service,  my primary care provider told me that sponge kidney occurs when you have consumed too much ibuprofen or if I have sickle cell and I don't have sickle cell disease. My kidneys were just fine upon enlisting.  If it's not service connected then I have no choice but to move on.  Just thought I would ask to see if any of you had any insight on this.  Thank you for responding

Please forgive my language and I am not trying to be a jerk. Your rationale doesn't matter. You will need a medical rationale of a doctor's medical opinion that being prescribed pain medication is as least likely as not the cause of your Kidney disorder.  Yes, being grateful for getting service connected is great but if your disabilities are military related then these are benefits that you have earned. We know that you are not asking for something you don't deserve, you are asking if by chance could it be military related and with that you will need a medical nexus (opinion) with a plausible rationale that state "it is at least likely as not cause by your military service".

[Yharris 0]

I don't perceive your response as being one of a jerk.  That's my main purpose for posting because I know no one would sugarcoat or steer me wrong and I appreciate all responses.  I will wait until I can get my c-file and see the reasoning behind the denial.  Thank you so much for the feedback.  Truly appreciated!

[brokensoldier244th 968]

The denial reason should have been in the decision letter.

[ruby 14]

It’s a secondary condition related to the Motrin.  Just 1 Motrin can cause kidney failure rare but it happens.  Plenty of research available to prove this is a cause and I’m sure there are many court cases too

[brokensoldier244th 968]

You can't cite Non VA court cases or opinions unless they apply to you, as in, you were as part of it. They may point to potential causality but they aren't evidence that same thing is happening to you specifically.

[ruby 14]

If he  just applied for kidney disease they would deny at the RO level.I haven’t researched this but I’m sure there are plenty in the BVA.  

If he applied for kidney diseases as a primary  and didn’t specifically state secondary to medications prescribed to me by the VA for my Sc back problems.  Motrin 600 mg as evidenced by my SMRs then attach those pages the ro will deny.

I would fight the decision, then I would attach any BVA cases related to Motrin and kidneys first then I would attach medical  literature to support.  Any medical articles that state Motrin is a known or has been shown to cause kidney damage is evidence that can be used to support.  The RO will deny but a good DRO will look at the articles.  It happened in one of my claims.  I inundated them with case law, BVA decisions, Rules and Regs and medical articles.  I was denied at the RO level but approved at the DRO. Had it gone to the BVA I would have had more then enough evidence to win.  My condition was not in the VA conditions ( can’t think of the CFR section). I was awarded additional secondary conditions at the same time related to this condition.

granted I had mds state more likely then not, the RO denied because the VA examiner didn’t look at anything just a basic denial. The DRO needed the medical articles to under the secondary conditions.

all my literature I attached said that people with this condition are known to have etc.  the DRO said it’s similar to an auto immune disease and I said kind of.
 

 

 

[jfrei 213]

But you can get IMO who feels like your reason is correct write a opinion use that as evidence file a DRO if you’re retro isn’t going to be over 25k. And that’s the quickest or you could just reopen in a new claim with the new evidence. Both have worked for me and I wasn’t worried about retro just that they got it right...

[Yharris 0]

Thank you