Loss of Use

[carlos_v]

Hi, my husband’s health has poorly deteriorated and has been diagnosed with Functional Neurological Disorder. The doctors say he developed this because of his PTSD. He had severe PTSD and was an alcoholic. He attempted to kill himself many times before. He finally stopped drinking after therapy after many years but since December has developed this disorder. The PTSD was service connected back in 2011 at 70%. He is now experiencing loss of use of both lower extremities, Lou of right arm, he cannot see out of right eye and cannot hold bowel or urine. How should I go forward with his claim? Can someone give me some advise please. Thank you so much for any input because I’m kind of loss.

[john999]

Are  you getting Caretaker benefits. You should be getting them!!!

[Dustoff1970]

Even though you may meet the criterial and qualifications for a VA service connection disability you may not be able to receive an important formal doctors nexus opinion or DBQ stating your disability is due to your service or another service connected condition because some doctors and their staffs are lazy, indifferent or hostile to vets receiving VA money.

Here is what has worked for me since 1987 to present day.  I have submitted copies of VA, Army, private medical records and other evidence with my numerous claims and appeals with almost 100 percent success and won those claims/appeals without a doctors nexus statement with only one recent exception where the paid for opinion was also successful.  I have been 100% P&T since 98 and now also with SMC-S.  

IF you contact me I can send you a detailed list of the medical and other evidence that has won my claims and appeals.  What has worked for me is no guarantee it will work for you.

It is a disservice IMHO for anyone to discourage a vet from filing a disability claim just because they cannot get some chicken*** doctor to fill out a DBQ or sign a nexus statement as the vet may still have the other medical and non medical evidence in their files or possession to win. 

I encourage vets to seek opinions of others and do their own research as I have done.

Some vets like to brag about their receiving a VA or private doctors nexus opinion free of charge or it was paid for by their insurance or others and I congratulate them on their good fortune.  I have learned and worked the hard way for my benefits and proud of it.

I learned many years ago to in my case to correctly assume the VARO will deny my claim with a BS statement like "NO EVIDENCE" and then I have to appeal to the BVA or higher U.S. CAVC court which I have done on my own successfully.  This has created jealously on part of some other vets.  Too Bad they can still get happy.

My comment is not legal advice as I am not a lawyer, paralegal or VSO representative.

[brokensoldier244th]

A nexus is not a specific form or letter- a simple statement within your medical notes or labs or whatever bout the possible etiology is enough. The records themselves are often enough if you have extensive enough treatment. Veterans have developed the idea from somewhere that they need a formal letter/IMO etc for a claim. Maybe for an appeal, but for a regular claim its the lack of medical evidence that usually causes them to be denied, not the lack of a specifically formatted letter. I see them every day- a veteran had one instance of a condition in service (not a presumptive- thats a whole different thing), and then no medical treatment afterwards, didnt note it on their exit physical, etc. No private or VAMC treatment, or just 1 visit here or there afterwards. Its now been 10 yrs after you got out and you file. There is barely medical evidence, much less enough to form any kind of Caluza connection to plausible cause by military service. Rather than focusing on getting a letter (or the lack thereof) as a reason for a claim being denied for lack of evidence focus on the denial that tells why it was denied. 

For new claims I advise people not to go to 1 doctor visit and blindside them with asking for an opinion, much less telling them that you want to file a claim for disability (this goes for VAMC or private). Regardless of the opinion of your doctor about immediately asking for a decision from them about a medical connection, it doesn't lend a lot of plausibility to connect a condition now to something that may be from years ago unless you have a continuity of care from after discharge (again, not for presumptive stuff). They can't make a supposition like that without history, and without history with them. Two things. You may have tons of records from before them but it's their medical license and expertise you are expecting them to make a decision with. They aren't going to just toss out a belief about service connection or plausible connection until they have something to go on besides your word, a pile of records that they didn't have anything to do with, and no treatment history from them (yet).

I waited at least 6 months after starting to see a doctor for anything service related before I filed- to give them time to have a clinical history, and to have a treatment relationship with me. THEN I filed. It worked in every claim I filed except 1, and for that I needed an appeal to the BVA and a doctor's statement supporting my contention. The circumstances of that one were pretty specific, though, and I don't blame them for denying it the first time- its the only one that I filed after about 2 visits rather than waiting to build up more of a history. 

[Whodat]

This is where I see a problem. Continuity of treatment and the VA lives by that rule. 

But never consider length of service, deployments/special assignments, the rigours training vets have to go through for that special assignment. 

In order to keep the assignment, you must not have a physical profile. So what do? Avoid sick call just to keep our status. 

Leaders, officers, senior NCO's can not, will not lead troops from the medical center. We just do self treatment and move on and lead our troops. But lack of treatment. Denied. 

Now on the other hand, pvt Joe snuffy isn't motivated to train or excel in his or her career. What do they do, ride sick call, becomes a Chairborne sickcall Ranger. Do 4 or 8 years and get out. Have an encyclopedia size medical packet, apply for benefits, 100 percent P&T. 

Vietnam Vet 20 years, deployed, PTSD, can't walk 10 percent but needs an IMO. 

But VA's thought process, lack of treatment and continuity. Denied. 

What is the world coming to?

[brokensoldier244th]

Continuity doesn’t just mean in service. but claiming for arthritis 20 yrs after RAD with no treatment? That’s what I’m talking about. They give you an exit exam opportunity? Use it. At least mention the stuff in passing. That’s all I need most of the time to get a claim as far as at least getting exams for stuff.
 

They don’t? Then start going to the doc at least for a few times after you get out to establish something within the year or so after. The longer people wait the harder it is to connect without having to consider other environmental factors being the cause. For example, don’t create the opportunity to have conditions not service connected because after 20 yrs of no medical history you suddenly have arthritis or something. After 20 yrs there are too many competing possibilities to just say it’s SC because you were in. Just because something shows up now doesn’t mean it has to do with being in, back then.
 

That’s the point I’m trying to make. 
 

 

[deedub75]

I had about a 12 year gap from the time I left active duty in 2000 to the time I filed for allergies and sinusitis. I had developed sinusitis and allergies while on active duty and I had been treated for these. It wasn't until maybe 2004 when I started having chronic allergy and sinus issues that kept me going to urgent care and I ended up having to take daily medication. I started allergy injections in 2005 and had sinus surgery in 2006. By the time I filed claims for these in 2012, I had extensive medical records. The MD that was treating me for an acute sinus infection and allergies prescribed my Afrin to help with the symptom. I had to go back a couple of times because I really wasn't getting better. What's funny is that the MD wrote a statement in my file saying that the Afrin most likely my sinusitis chronic and that basically ended up being my medical opinion. Even though I had a gap of about 4 years without seeking any treatment, continuity wasn't questioned. Unfortunately, I wasn't aware that I could have claimed this when I was leaving active duty in 2000 and I didn't find out I could until 2012!