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Secondary conditions

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seabee7

Question

Two part question here.

1. I've been SC for degenerative disc disease and bi-lateral radiculopathy since 1992 after a fall from troop carrier during deployment in Dessert Storm. I started out at 10% and have slowly increased through the years to 70%. Last year from out of nowhere my right leg started giving out on me and while I was waiting for appointment with my PC doctor my leg gave out at work when I stepped off of the curb and I ended up falling and landing on my back on the sidewalk. Since then I've had continuous pain in neck and numbness and every other sensation you can think of in my shoulders arms and hands. I've missed 4 months of work this year mainly due to the inability to sleep because my arms and hands go so numb they hurt when I lay down. I filed a workman's comp claim and was denied even though neurologist stated the injury was due to fall and an eye witness account to the fall. I spoke to the workman's comp adjuster who stated the main factor in the denial was that it was my service related injury that caused the accident. Now to my question, can I file a compensation claim for my new injuries as secondary to my service connected injury since it was my service connected injury that caused the fall.

2. I was recently granted 30% for depressive disorder due to chronic pain syndrome. Since the VA has indicated that I have chronic pain due to SC injury couldn't I also claim chronic pain as secondary to my lower back SC CONDITION. Thanks for any advice.

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You said you were waiting for appointment- was it with a VA doctor? :

while I was waiting for appointment with my PC doctor my leg gave out at work when I stepped off of the curb and I ended up falling and landing on my back on the sidewalk. "

Did this happen at a VAMC or VA facility?

If so were you taken to the VA ER?

Were there any witnesses?

 

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I dont think Dr. Smith's report was strong enough-

do you have appeal rrights with workman's Comp?

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2 hours ago, Berta said:

You said you were waiting for appointment- was it with a VA doctor? :

while I was waiting for appointment with my PC doctor my leg gave out at work when I stepped off of the curb and I ended up falling and landing on my back on the sidewalk. "

Did this happen at a VAMC or VA facility?

If so were you taken to the VA ER?

Were there any witnesses?

 

Yes ma'am it was my VA Doc. and it was at the VA medical Center in Biloxi Ms. which is also where I work. I did not go to ER it didn't start hurting until that night. The very next morning I went to Occupational health and they told me to fill out a accident report and workmans compensation claim. There was a witness and I have his written statement.

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1 hour ago, Berta said:

I dont think Dr. Smith's report was strong enough-

do you have appeal rrights with workman's Comp?

The guy was the only neurologist within 50 miles that would accept federal workmans comp so I was kind of stuck with him. Pulling teeth through an ear would be easier then getting this guy to write up something more definitive. Took me over a month of constant calling his office to get him to write what he did. When I asked him if he would fill out a DBQ he said noooooo " I don't get involved in that stuff".  

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1 hour ago, Berta said:

I dont think Dr. Smith's report was strong enough-

do you have appeal rrights with workman's Comp?

I do have appeal rights. How can the VA have it both ways? VAMC challenges claim based on service connected injury being the cause of accident and new injury. While VA compensation denies claim on the basis of not related to SC injury. I'M SO CONFUSED!!

 

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What about FERS? I think someone mentioned that here-

My neighbor could no longer work at the National Cemetery ( 20 years Ret. USAF) at the local VAMC.

He applied for SSDI but was denied because he was still technically employed by the VA. The VA helped him file for FERS, and then the SSDI awarded him.

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