Denied

[Disenchanted]

Good morning, new member here recommended by a fellow shipmate. We were all in the same squad at the same time as our admin @Tbird was. So you know it’s been a while since we were at 34 together.
I was an AMS and worked in airframes. 
I just found out my disability comp was denied. Zero percent service related disabilities. I’m fn numb. 

My claim included lumbar disc disease, but someone in their infinite wisdom at the VA put cervical spine, not lumbar. I don’t have any concerning issue with my neck. The reams of documentation I submitted all said LUMBAR.  
 

It got bad enough to require surgery because of non-existent discs, so a fusion was done S1-L5. My second claim was interstitial lung disease. We all were exposed to so many chemicals - we were dumb enough to douse our skin with freon to cut the hydraulic fluid. When I went for my C&P exam (drove an hour to get there), I get there and the nurse practitioner is conducting the exam 10 feet away from me from behind her desk. I ASKED for her to do a pulmonary function test on me, bet she said she couldn’t because, Covid. She never even listened to my lungs with a stethoscope. I was out of there in under 5 minutes

I keep getting worse every day. I had a cardiac catheterization because I bad an 80% blockage on my left ascending coronary artery. I never ever had a cholesterol issue and my lipid profile has always been pristine. 
 

Guys and gals, I don’t know what to do.
Do I request to open up a new claim? 
Do I appeal? I assuredly will be dead before the decision. That’s what they wast, I’m sure. Thin that heard.

thank you in advance for your recommendations!

Disenchanted
 

[Disenchanted]

On 10/6/2021 at 8:04 AM, pwrslm said:

Prior to your claim, did you get copies of your Navy medical files from St Louis?

Documenting the event in service for visits to the sick call is in the file. You also need to get copies of your DD201 file, showing your duty assignments, and link exposure to the records. You also said there were people that you knew before that you are in contact with. They can give you buddy letters confirming certain details about your service. Everything they denied appears to land on a connection to your service. Your lay statements on each individual part of your claim should be very detailed and give dates (from and to), assignments, and job description when the exposures occurred. Your statements should coincide with your active duty records and the medical evidence for a win. Example:

Lay statement intro

     1. info on claim 1

     2. info on claim 2

     3. info on claim 3

     4 info on claim 4

Summary and sign

Keep it within reason, no 10 page documents, maybe 2 would suffice, a single concise paragraph on each. You have up to 1 year to submit supplemental claims with new evidence.

The errors in your claim on the cervical/lumbar issue should be addressed in a supplemental claim. Present info on your lumbar condition, and add a lay statement telling them about the sick call visits. They will need to address the error, and include as new evidence the info connecting the lumbar to your active duty service. Should get cleared quickly.

On exposure to chemicals, you need to clearly document where and when you were exposed, and link it to the records in your 201 file and/or the military medical records. Research some of the chemicals because some of them were commonly used in 66. Try to add info on exposure into your supplemental. You must document that for the idiots that run the circus so to speak.  Get your pulmonary specialist to directly address the effects of some of the chemicals and how they affect lungs (like JPS) included in your letter. The confirmation of cause and effect from your MD will seal that deal with documentation of your duty position in your 201 file.

Was your C&P examiner a VA or outside contractor? Non-VA contractors can be BAD. After you get the mess cleared, maybe think about an IG complaint.  Veterans deserve better service than what you got, there is no excuse for the failure of the examiner missing documented medical facts like that. If IG gets enough complains on the issue, they will check it out and maybe get it addressed. 

 

pwrslm, 

Thank you so much for all of this information, it’s overwhelming, isn’t it? I requested my records from St. Lou about 6 months ago but you know, Covid is every entities excuse for dragging their feet even more

The C&P examiners (one for lumbar and range of motion and the other ‘special’ one for the lungs) are contracted by the VA and work for LHI (Logistics Health, Inc.). They were both nurse practitioners. 

Question about the supplemental claim for my L/S spine… would I go to VA.gov and do it there? My claim is closed, am I still able to add?

I have the VA form 10182 Decision Review Request: Board Appeal (notice of disagreement), and was going to use that to narrate my disagreement and select 11B in part II. Is this appropriate? I would send in copies of the medical documents I shared here. 

Can you tell me a little more about the buddy letters? I’m sure my “brothers “ would do that for me, but what do they have to say?

Oh, and I don’t have a pulmonologist; just a cardiologist and a primary care provider. 

I will research these chemicals more in depth today, but I do know (I’m a semi retired Oncology nurse) that MEK is a carcinogen. Fk!! If I get cancer as a result of exposure, I’m going to die before I see one thin dime from the VA. 

Back to St. Lou, I’m going to try to contact them today. I need those records and I swear to Poseidon, if I see the word malingering in there, and I do vaguely recall it being there in writing, I’m going to sue and my family will be rich, baby, RICH!!!

l have lots of work to do and calls to make today.
I very much appreciate your help and encouragement!!! 

D. 
 

 

Edited October 7, 2021 by Disenchanted

[Disenchanted]

Really good news my fellow Vets,

I found my entire medical record. I must have requested many years ago and in cleaning up and clearing out my behemoth of a desk.

Lots of documentation of my complaints of back pain and (regular) xrays not showing fractures. They just kept feeding me narcs and muscle relaxers and put me on light duty each time I went to MSC with the same complaint. 

Coincidentally, pic #2 shows complaints of classic chest pain. I had a cardiac cath 3 weeks ago due to the LAD (“widowmaker”) being 80% blocked. 
Tonight, I drink to celebrate my find as a proper Scalliwag would.
Tomorrow, I’m taking the VA to xxxxxxx church. 
Bonus points for me being a nurse and being able to read medical chicken scratch. 

D. 

[pwrslm]

Nice!

Back is done. Now get your military personnel records jacket to put together the chemical exposure claim. Takes a while for St Louis to ship them out, so get that done ASAP.

[Disenchanted]

Yes indeed!! I requested it from the archives at St Lou yesterday. 
Now, this cardiac problem was treated and tested in the military. I did not claim that because I forgot about it, tbh. Now of course I want to claim it as (possibly) service related. 
Do I open up a new claim or can I add this as a supplemental claim to the existing closed and denied one?

As always, grateful for all of the guidance!!

D. 

[pwrslm]

If it were never claimed in the past, it is new. 3 things you have to present:

Current condition in medical records.

Condition existed in Active Duty medical records.

A link between the two.


If it is obvious that the current condition is the same as the active duty condition, the link should be obvious to the C&P, however, it would likely be smart either way to have a letter from your heart Dr specifying the conditions are the same. It is easy for the bureaucracy to screw up so get the letter from your Dr and it should sail right through in 90 +/- days. Your lay statement also should include that your symptoms were continuous since you left active duty. Copies of your medical history since ETS also would benefit this claim if you can dredge them up.