Planning to file for husband Parkinsonism caused by drug prescribed by va help appreciated.

[AprilNC]

Hello, 

my husband has the current ratings 

• 70% ptsd sc
• 10% tinnitus sc
• 0% bilateral hearing loss sc
• 100% TDIU for the ptsd.         

last summer my husbands doctor upped his olanzapine dose from 2.5mg to 5 then 10

he was suffering panic attacks ...the idea was to help with the panic while the new dose of Prozac was getting into his system. What this ended up causing was Parkinson’s like symptoms, and they were scary.We reduced the dose back down to the original and even lower, by December he was only taking the olanzapine every 3rd day per my request with a doctor who was covering until a new psych was hired ...the doctor who upped the dose had retired. On Dec 23 he had a dose that was less than 1/4 of the smallest pill ...so approximately .75 he threw him right back into the full blown Parkinson’s like episode..

I informed the doctor I was not giving him another dose of this medicine, period. 
He of course went thru withdrawal and because his psych was gone, I contacted his primary who has always been awesome ( and now he’s retired ) finally after lots of waiting we got in to see his new psych in person ... she dx Parkinsonism and wanted him to see his neuro. We contacted his neuro ( you guessed it ..he also retired ) so finally he sees va neuro in June 6 months after last dose she examined and per her notes his gait and other neuro symptoms are not caused by anything physical ..she also believes the drug was the cause. He’s been on two Parkinson’s drugs and neither are helpful ..we use Benadryl to control the symptoms of dystonia and horrible eye bouncing ... I know i wrote to much and that not even close to what all has happened ...he broke his hand due to the neuro stuff and fell and totally destroyed his rotator cuff ... because of the neuro stuff... he falls, he’s weak, he has tremors ....and is currently being tested for adrenal insufficiency or addisons by the va ....but the doctor we are seeing because they all stinking retired would not be bothering if I hadn’t insisted that something is very wrong ... 

I had to resign from my job to be home, he’s has good days and bad days but the bad days are starting to out number the good ones .. 

where do I start ? 
thank you ~April 

[Dustoff1970]

Did your hubby serve in Vietnam or on a Blue Water Navy ship sailing within 12 miles of Nam Coast or put into a Nam port.  If so then he should qualify for automatic disability compensation for Parkinsonism due to his presumed exposure to Agent Orange sprayed throughout Vietnam

Since he has a VA doctor's diagnosis of Parkinsonism then all he needs to win a claim is proof of his Vietnam in country service such as assignment orders to Nam unit and DD214 plus anything else showing his actual Nam service and exposure although the DD214 should be enough. Recently VA added other locations of Agent Orange spray besides Vietnam that a vet is presumed exposed.  Check the VA website for Agent Orange locations.

If no Nam service then you will need to find a qualified doctor medical nexus opinion to say the VA drugs caused his parkinsonism and you and the doctor need to provide reputable studies, medical treatise showing the cause and side effects of those drugs causing Parkinsonism.  You can start with doing a Google search on the side effects of the drugs and on the causes of Parkinsonism and then search for the medical research studies showing the drugs cause and aggravate Parkinsonism.

You need to also find a paid professional VSO at a VA Regional Office or major VA hospital to assist you with this.  Their services are free and all the major veteran's organization such as DAV, VFW, Amer Legion, AMVETS, PVA, etc have them at the VA regional offices along with state and county VSO.  I can recommend a doctor to maybe help you who recently helped me win a BVA appeal for Sleep Apnea due to PTSD and PTSD medications.  Good luck

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

 

Edited August 14, 2022 by Dustoff 11

[Dot09]

You might want to also claim housebound Smc s which is a extra 375 a month. If a Dr determines he is substantially housebound you could be awarded. Granted they or you would probably put in a increase for his mental health

Edited August 14, 2022 by Dot09

[broncovet]

In order to get (service connection for parkinson's), you would need a doctors opinion that his parkinsons was at least as likely as not caused by medications prescribed for sc PTSD (or other sc conditions).  

Perhaps more importantly, to increase his compensation "above" TDIU (100percent), you will need an additional 60 combined  percent seperate and distinct . (SMC S..statuatory).  If you review his records, and a doctor has rendered such an opinion then go for it.)

Another way, however, if this applies is to seek aid and attendance, especially if you dont feel comfortable leaving him at home alone.  

Aid and attendance can be performed by a relative, and the Veteran still receive compensation for it.  As an example, if hubby could not be left alone due to panic attacks, or that he was unable to cook for himself or deal with other every day activities of life, he can probably get a and a.  

My advice is to focus on how to increase the compensation, and to focus on things that would likely result in an increase, such as SMC S (housebound) or SMC L (aid and attendance, that is, if those apply to you.  

There is something called an 1151 claim, but that involves negligence of his treatment.  

On the other hand, if you the meds he is taking have been known to contribute to Parkinson, its possible you have a complaint with the drug maker.  VA does not guarantee that "med x" has no adverse symptoms.   But, if you discover that "med x" did not list Parkinson as a possible symptom, and, indeed it caused your hubbys parkinson, then the medication company may be at fault.  

For most drugs, your doctor weighs a balance between "possible benefits" and possible side effects.  Your doctor then makes a judgement call if the benefits outweigh the risks.  The problem occurs when the pharmaceutical company fails to disclose all the risks.  

Of course, I have not read your file, have no idea what symptoms he has, and dont know if a doctor failed to do what is required or not.  

I would simply suggest you review the file, probably with an experienced pro, such as an attorney familiar with Veterans benefits, and decide what/if to do in your case.  

Many attorneys will review the file, if he has had one or more denials, to see if there is potential, at no cost to you.  Then you can decide whether or not to hire the attorney, go through a VSO, or represent yourself in the matter.