Questionable Diagnosis

[burkhm]

Team,

Since I filed my claim in 2002, I have been bewildered by the decisions of the VA concerning my case. BRIEF HISTORY: During my 26 years on active duty, I was periodically seen for various joint conditions and pain. All of the conditions can be contributed to years of physical abuse of the body, parachuting, rucksacking, etc. It all started with my left foot being injured after a parachute jump. Initially diagnosed as a sprain, several years later and numerous tests, it was determined that I had an auto-immune disease going on and the foot was fusing on its own. Eventually after waiting for a couple of years for the foot to fully fuse, a decision was made to attempt to speed up the fusion process surgically. Over a ten year period, I had three surgeries on the left foot and during the last surgery, a nerve was clipped and I lost feeling on the left side of the foot. Additionally, the middle toe was operated on to remove bone growth and also fuses the toe. As you know, problems with the feet contribute to other joint problems. I eventually had to have two surgeries on my cervical spine to fuse C4-C5 which left me with extreme limited range of motion in my neck. I’m also experiencing tingling and numbness in arms and occasionally in legs. A compression fracture was also diagnosed at T-12, although I refused any surgerical treatment for this. All my other major joints, shoulders, hips, and knees were diagnosed as degenerative joint disease and the rheumatologist provided numerous anti-inflammatory medications for the pain and swelling. My initial claim identified all of these joints as there was plenty of evidence, both medical records active duty and post active duty and also diagnostic tests to support. I also filed for scars from surgery, GERD, anal fissure and conjunctivitis of the eyes. VA DECISIONS: Originally in 2002, I was rated at 50%, given 40% for Rheumatoid Arthritis and 10% for the compression fracture of the spine. I non-concurred with this decision and in 2004 was given an additional 20% for neck condition, now total disability is up to 60%. I appealed this decision in September 2004 by submitting a VA Form 9 and continue today awaiting a decision. So as I understand it, all my original issues are under appeal. I believe the evidence I presented supports my claim for approving a disability for all of the affected joints. Bone scans and X-Rays don't lie. I continue to be seen by Rheumatology and Orthopedics for these conditions. ADVISE: What do you think? I believe the VA didn’t want to rate me for all the affect joints and assigned me a 40% rating for Rheumatoid Arthritis. I believe they’re attempting to rate the nerve damage as part of Rheumatoid Arthritis. Thanks!!!!!

[burkhm]

Vike,

Once again appreciate your insight. One point that I failed to mention in previous post was that notification letter I received in December 2006 indicated the issues on appeal were increase in service connection for post operative degenerative disk disease, cervical spine and service connection for right knee condition. I don't know why they didn't mention all the other disabilities that I assumed were still being considered. In my response to the VA indicating my desire for a DRO, I referenced the VA Form 9 I submitted in 2004 appeal the previous 0% ratings and advised them I still consider these to be under review. I believe I do have objective evidence in the way of x-rays that clearly show degenerative arthritis to my shoulders, back, neck, hips, knees, feet and even fingers, and they warrant a rating based on these radiological images and some on range of motion. I admit that I am probably good at physical examinations as I tend to under emphasis my problems. I've been taking anti-inflammatory and pain medications for over 25 years, also taking mediication so stomach can tolerate. Generally, the medication maintains a pain threshold that I can tolerate, however, I can assure you if I miss meds for 2 days, the pain would become somewhat severe. Those Cox-2 inhibitors meds, (Bextra, Vioxx) were probably the best meds I've taken to combat the pain, but they are off the market. Fortunately, I don't believe I've aquired any life threatening illness/disease from taking these. So my plan is to use my C&P results and have my personal either substanciate or disagree with findings and also will request him to be specific when addressing each joint. If it takes 12-18 months for the DRO process, I believe I have time to get this taken care of. I totally agree with your assessment the VA regional office in Baltimore took a rather long time to process my NOD/Form 9. If I only had maintained a log on the number of times I called the DAV and VA inquiring on my status. Not sure how long it will take to receive a letter from the DRO acknowledging my issues on appeal, but we're over 60 days so far.

Thanks Again!!!!

[john999]

Burkham

Personal visits to the RO are a good way to get these dogs off their asses and to get your paperwork straightened out. I went their to see my file and found gross errors and stopped them from shipping my file to the BVA by mistake. Sometimes seeing a human face to face can work wonders. 2.5 years to resond to an NOD is insane. That is the time it takes to go to the BVA. You need to work this claim in person and stay on it. How far are you from the VARO? They are dogging you around with these waits.

[burkhm]

John,

I am approximately 75 miles from the Veterans Office Regional Office, definitely close enough to visit, especially if it will speed up my case. As the DAV has my Power of Attorney, do you recommdend I inform them of my intentions of visiting the VARO. They are co-located with the VARO and I'm sure would be upset if I didn't. Also, I'm sure I would need to make an appointment with them. Pardon the questions, this is the first time this has ever been suggested to me. Thanks for the advise, looking forward to your response.

[Hoppy]

burkhm,

Do you work? If not, have you investigated Social Security disability.

[burkhm]

Hoppy,

I am currently employed and actually believe this helps my medical condition as the position keeps me moving, thus exercising my joints which all my doctors agree I should be doing. I don't believe I am at the point where I can't work so I have never considered filing for Social Security disability. Thanks for your thought!!!

[burkhm]

UPDATE:

Team,

I was contacted by the Baltimore Regional Office on Saturday, Feb 3 at 0730 in the morning. The young lady said she was one of several DRO's that had been looking at my case and wanted to verify some information. Basically, she reviewed the disabilities that were on appeal which I agreed with and questioned several other disabilities that were not on appeal. These were disabilities that were not mentioned in the previous claim that I had acquired in the 30+ months this appeal has been going on. I would periodically write the VA a letter and inform them of my current situation and also mention new disabilities that I believe were secondary to my Rheumatoid Arthritis. I ask if this would slow down my current appeal if new claims were added and she indicated it would. I informed her that I would like to get the current case closed and I would apply for the others later. She informed me I would soon be receiving a Statement of the Case and need to determine from their decision if I wanted to appeal to the BVA. I didn't realize the VA worked on Saturdays, but it was sure a pleasure hearing from them.