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HadIt.com Anniversary 24 years on Jan 20, 2021 ×


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HadIt.com Anniversary 24 years on Jan 20, 2021

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Hi,

I received me letter today, and I was denied. This time the error is clear. The Doctor who preformed my ACE examine said my initial diagnoses was Epilepsy then proven to be pseudo seizures. Initially at the ER (and my week long hospitalization after) and for about one month after I was diagnosed with PNES and not epilepsy. However since I kept experience both petite mal and grand mal episodes and then Epileptic medication treatment began to WORK, I was diagnosed with Epilepsy. My doctor in my civilian record's back dated the diagnoses to the May when the first event occurred. I've attached my letter; you'll see that they received my Neurologists note about my treatment since may and then confirmed my Diagnoses on 04DEC2019. Pseudo seizures are only mentioned in my records between May2019-June2019. I think this VES contracted doctor saw the diagnoses labeled in may but didn't review(or care) to look at the LETTER AND NOTE DATED BY MY DOCTOR ON 05DEC2019 WITH MY CONFIMRED DIGNOSES AND THEN UPLOADED TO THE VA ON 24DEC2019. Opinions? HLR or do I wait 3 months to see my VA Neurologist, as I no longer have Tricare to see my UCHealth DR., and have him confirm the diagnoses... I'm only 5 months away from all this stuff lasting a year and getting really fed up with the VA. My first denial was also because of the phraseology used by my ER and Hospital doctors after the first event in may. Hint that's why I had my specialty neurologist who had been seeing my since June confirm my Epilepsy diagnosis... uuuhhhggg.

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Lets back up to "the basics".  

1.  Do you have a current (not in service, but current) diagnosis?

2.  Do you have an "in service event" or aggravation, that you allege caused seizures?  (I dont know what that would be..not sure). 

3.  Finally you need a nexus, which is a doc's opinion that your seizures are at least as likely as not related to your (documented) event in service or was aggravated by service.  

     It will take a review of your file to know this.  

     Right now, I would appeal, and not "raise the bar" to CUE.   Getting VA benefits is hard enough without having to jump over the "undebatable" hoop of cue.  My further advice is to take this to the BVA, and make sure all 3 of the above are documented.  

      Sometimes buddy letters will suffice to document an "in service event".  

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At this time there is no rush even if you file a NOD, it may take VA awhile before you get to the HLR.   Your rating was just rated and you have a full year to appeal.  Not sure exactly what was in your doctor's notes but the phraseology you are looking for is that your  condition is at least likely or not caused by or as a result of your military service.  Make sure you don't miss your deadline.

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Just got back my ACE C&P DBQ report, and this general practice geriatrics doctor put on the forum three times that I have a confirmed diagnosis of Epilepsy from a neurologist as recent as December 2019. Final notes the geriatrics doctor left " The diagnosis of Epilepsy came from the veteran report himself but i cannot confirm based on physician notes in the records. Therefore, the only diagnosis I can definitively make is "Psuedoseizures" 

 

Attached is my DBQ by VES. Glenn Dawson (Disability Benefits Questionnaire-Epilepsy).pdf

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This is what I see so far in the decision, but I will have to find your original topic-

it pays to stay in one thread.

The Letter from UC Health is in question.

Is that the letter from Dr Martin?

They are questioning your nexus to your service.

Their final statement just states Pseudo epilepsy, not Epilepsy.

It looks to me like you will need a strong IMO/IME that follows the IMO/IME criteria here at hadit.

The IMO/IME doctor will need a copy of your SMRs (even though VA admits it was originally epilepsy), the fact that the VA diagnosis  changed will need attention from the IMO/IME doctor- to correct it.

 

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