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Old Vs New Evidence

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Hello Everyone,

I wanted to drop a line regarding some SC issues, maybe it will help someone else. I had a spinal fusion of T8-L4 with Harrington rods while on AD in 1992. After being medically discharged, i began my appeals through the VA. Three years ago I had xrays of my spine done at the VA. It revealed extensive osteopenia of the spine. My VA doc told me it was probably due to the Harrington rods, which severely limited my range of motion to my spine. Around the same time I had a nerve conduction study that showed I had distal and sensory neuropathy with radiculopathy in my left leg. Once I had the results of these studies I submitted them as new evidence for an increase in my compensation. I had suggested to my VA doc that I be placed on Fosamax to help with my osteopenia. This request went unanswered. Recently my Medicare has kicked in and I began to see docs that could address these issues appropriately. I have been receiving spinal injections (steriods) for the neuropathy/radiculopathy. I also had another bone density test which revealed my T scores were off the chart. I now have full blown osteoporosis to the point if I fall I run the great risk of bone fracture in my spine, hip and or femur. I have been place on Actinil and will be getting Testosterone injections. My feeling is the osteopenia could have been arrested 3 years ago when it was first diagnosed by the VA. It has gone untreated until now. So I have submitted all of this new evidence to the VA for consideration for an increase and to have it retroactive to when being diagnosed 3 years ago. I will let you know how things turn out. I know this is probably a long shot but going form 10% to P&T was a long shot too.

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Phil- glad you are aboard here-

I strongly suggest along with submitting this new evidence of additional problems that you file a Sec 1151 claim.

"My feeling is the osteopenia could have been arrested 3 years ago when it was first diagnosed by the VA. It has gone untreated until now. "

I suggest stating:

This is a claim under Section 1151, 38 USC. I believe my medical records will reveal that my osteopenia could have been treated when first diagnosed by VA and I have incurred additional disability from it due to lack of any medical care.

The enclosed internet prinout from the Mayo Clinic reveals that this is a treatable condition and that it is progressive without proper medical care.

put your c file number on it and sign and mail certified.

(Make sure you have all of your VA medical records first because when the VA gets these claims, the MF comes in and plays around with the c file (Mysterious force who hides the good stuff)


(they say estrogen but were refering to women- testosterone is the treatment for men)

Any search under this condition could show treatments available-I am sure that any Medicare doc would also be willing to give you an independent medical opinion that shows this was treatable when diagnosed and therefore it has progressed in your case because it was not properly treated.



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HI Berta,

Thanks for your reply and suggestion. I did as you have suggested and fired off the letter today along with Mayo report and a copy of my bone density study. As I previously stated the plan is to start me on Actinil and Testosterone injections. As always thank you for your help.


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