Important Topics - Please Review This Thread.

[rentalguy1]

From Stretch:

Stenosis

http://www.hadit.com/forums/index.php?act=...post&id=764

Spine

http://www.hadit.com/forums/index.php?act=...post&id=765

[hollywoodnc]

Geez Rentalguy, and I thought that I knew about spinal conditions!

I am impressed with all of your links and info regarding spinal disorders.

Thanks for the info!!!

I do have several questions though...

First, HISTORY: (So what I ask can be better understood, or in the least, tied in)

1975: Suffered a Left hip compression Fx, while training, and it was found that a Knowles Pin was penetrating the joint space.

4/1976: Medically Discharged

5/1976: Diagnosed w/Osteoarthritis, and a 'Slipped Prosthesis', and lt. leg atrophy, and a 1/2" left leg length differential.

6/1976: Involved in a MVA, and compressed L/2-3.(NON S/C disability)

6/1976: Awarded 10% S/C.

It is a FACT that I've tried to connect Antalgic Gait due to the painful left hip and leg length differential, to the improper healing of L/2., based on a pelvic tilt, with each step taken, since 1977 on...but to NO avail. The DVA has denied this connection, and will not approve the spinal condition as 'Secondary to'. I remained at 10% till 1980. Severe DJD, only warranted a 20% rating from 1980 till a THR was finally installed in 1989 which warranted a 30% rating.

I suspect that this denial is due to the DVA not making the connection, due to the opening up of Pandoras Box. As your research clearly shows, once the spine is rated, and/or found to be "Secondary To", this rating would force the DVA to treat ailments involving any future conditions which may arise.

IF it's DIRECTLY S/C, than the VA has no alternatives, but to classify it as such...but secondary to, they won't touch with a ten foot pole!

QUESTIONS:

#1) In 2004-05, I submitted 200+ pages of documentation from websites such as The University of Maryland, e-medicine, Mayo clinic, etc., I guess to 'Educate' the reader, and to tie in my conditions involving gait to a non service connected disability, and it was viewed as "Lay Evidence". In this package, I clearly showed what VA doctors have said, -vs- what the respectable medical facilities were saying...in short, contradicting the (supposed) doctors opinion(s).

Now mine wasn't as "Detailed" as yours, however it was to the point.

The question here is... Did the DVA view your submitting of such information as "Lay Evidence"?

If so, how did you convince them otherwise?

No matter what I say, these brain dead imbeciles cannot comprehend the logical connection, that Antalgic Gait could have an adverse effect on spinal geometry (in particular-Lumbar). Any painful hip, including a hip which has a pin protruding into the acetabular, will create Gait. Gait, effects pelvic geometry/tilt with each step. Each unnatural movement by the pelvis + time will effect the lumbar region. In THIS case, I have a fresh injury to the L/2. What will the overall effect be to this effected joint?

#2) In what little that you know about my case, is this case conceivably winnable in Federal Court, if you use a biomechanical POV to show causation?

OR

#3) Am I just blowing Smoke up a Judges' skirt?

#4) Even though I possess crucial evidence, I do not possess a writeup by any doctor that can "Tie In" antalgic Gait effecting spinal conditions. Mine are vague, but it isn't concrete. I DO have a Neurologists' writeup that goes along the line of: "It is more likely than not..."...however it would not compete against: "I seriously doubt that..." (submitted by a VA quack).

Question is...Do you have a Bona Fied statement or link which directly ties in Gait contributing to spinal deformities or in the least has stronger wording then what I possess?

#5) With your knowledge of Title 38, is there a regulation that also shows that a hip disability could lead to spinal conditions?

OR

#6) (supra @#5) but instead using "Case Law", if applicable?

Thank You so much, for your diligence, in educating us in these ailments, and how to apply appropriate law.

[rentalguy1]

hollywoodnc:

Thanks for the kind words. I have read your posts of late, and you are a wealth of information yourself. Pleas keep up the good work, as there are still many vets out there that need all the help they can get.

To answer your questions; I sent in six scholarly articles over the course of my claim being processed. They were acknowledged in the "Evidence Considered" portion of my decision letter simply as "Article, followed by the title and url." They did not call any of them lay evidence, but they did not mention them with any specificity in the "Reasons and Basis" sections. It is funny that they did not mention the 2002 VA Training Letter on IVDS. There is no way that they could have argued against their own publication. I don't know why they chose to take the articles I submitted at face value. They were all from peer review medical journals, and some were even written by VA physicians. I think the acceptance of such documentation varies greatly from VARO to VARO, and even rater to rater. I use the Nashville, TN VARO, and I have always contended that they are fair and accurate the vast majority of the time.

As I recently told another veteran, and you are already keenly aware; the human body is a well-balanced machine. It has a specific center of gravity, and all orthopedic sytems work around this. Any time that one of the systems is damaged, it will have a negative effect on another system, and this begins a cascade of problems to the machine. It's as simple as the old "foot bone is connected to the leg bone" song. Any physician is going to know this, and I suspect that most raters know it, too. The difference is that raters HAVE to have things in very specific language. They are bound by the laws and regs and have cery little wiggle room.

I cannot think of a specific regulation that would tie a hip disability to a spine condition. The VA Training Letter states the fact that a spine condition can and will cause other orthopedic problems, though. If it can work one way, it certainly can work the other, though. I am certain that if you did a thorough search of BVA and CAVC cases, you will find several that fit the same description as yours. Keep in mind that BVA cases are not binding, but they can be useful in showing a rater how he should be viewing the evidence before him. You also ask about having a viable case in a federal court. I am not sure if you are saying your appeal is going to the BVA, the CAVC, or the Federal Court of Appeals. I also don't have a crystal ball to see what a judge may think (although I wish I did ;) ).

The main caveat in your claim is the MVA that caused a lumbar spine condition. The VA will always use something like this against a claimant in the absence of medical evidence to the contrary. It is very evident that in your case you are going to need at least one IMO from a doctor who specializes in spine conditions. This should preferably be a orthopedic surgeon, since the hip seems to have caused the spine condition. I am afraid that without it, you are dead in the water. I also need to warn you that a IMO that interjects new evidence into the claim at this point can completely change the effective date of your claim. You need to build a good relationship with this doctor before they write the letter. It will need to be written in very specific VA language, and it will need to be very emphatic that the spine condition has always been either caused or aggrivated by the hip condition and the shortening of your lower limb, as well as the antalgic gait. It will also need to thoroughly discount the damage done by the MVA.

I won't lie. It's going to be hard to get exactly what you need from a doctor. You may have to "interview" several of them before you get a competent one that sees the picture with clarity. Most of them want to consult with a patient, then slice and dice them, and then head out to the lake. Not downing the profession at all (I was headed into medicine myself before I became sidtracked by journalism of all things), it's just that it is getting harder and harder to find a compassionate surgeon in this day and age. Another good idea for a IMO would be from a occupational therapist. I don't know where you live, but jbasser has a contact for a great OT in Kentucky. Sorry I wasn't more help. Maybe you can start a new thread and post a scan of your decision letter(s) and we can get a more clear picture of the VA's reasons and basis for the denial(s).

[hollywoodnc]

Rentalguy...

Again, I can't thank you enough for responding with such informative info. I also wish to Thank You again, for your compliments with my posting on Hadit.

I am here, because I've been put through the wringer, for over 34 or so years with this inept agency.

This includes everything from Wrong ratings, to Discrimination/Retaliation (Title 7), and now I'm seriously contemplating an FTCA case against the same agency for a 34 year old case. I DID research, and found that even though it is old, there is Case Law (incl. USSC rulings "Irwin v US) that supports my being so late in filing. Furthermore, and discovered just TODAY (12/08/08), I found additional Case Law that supports my argument in regard to the DVA FAILED to advise me (as far back as 1984) about "How to File an FTCA", AND they also failed at submitting a(n) SF 95!

This means that this case is STILL "EQUITABLY TOLLING".

Afterall, I did threaten SUING for MEDICAL MALPRACTICE on SF 4138!

Apparently, it wasn't taken seriously.

Here, I want to Amend law, so that even though Congress intended to force people to file a(n) FTCA claim, they will not be succumbed to the demands of the Statute of Limitations (SOL). My posting on FTCA

(FTCA, 1151, and the DVA) goes into detail regarding this.

To many people are persuaded into thinking, that a case is FOREVER BARRED from a hearing IF they file late. This case is over 33+ years old, but there are a lot of scenarios to consider...

eg: Administrative Due Process, Fraudulent Concealment, dealing with the source (agency) to correct or properly rate, cooperation from outside sources (doctors), adverse effects on other body parts/functions.

It is worth mentioning here, that anytime I approach a court room, or administratively file a claim, I always want to amend new law.

Recently, in a SSOC response, I specifically complained about being "Under-rated" as far back as 1976, when the VA failed to grant me a rating for Slipped Prosthesis. I was only awarded for DJD/Osteoarthritis @ 10%. Theoretically, I had "Prosthetic Devices" , and they contributed to my S/C disabling condition(s).

However, there is NOTHING under Title 38, regarding "Pins, nails, screws, plates, cages, wire, etc."

In deciding MY CASE, I asked the DVA to Amend law, which includes the items listed above. As you are aware, there are a lot of NEW Vets that will require "Manmade" hardware to be placed into their bodies. If these devices fail, there is NO provisions in the CFR, to RATE these items, and their disabling effects if and when they fail (except for THR's).

Anyway...

I reside in North Carolina. I grade the RO here with an "F". I also worked here, and have learned that a huge reason for the DVA failure, is based on the lax attitude, and the unnecessary demands by management. Managements' PRIMARY goal is the Quota Bonus! So many claims resolved within a certain time frame. Employees, also hold Pot Lucks frequently, to break the monotony. The RO is so packed with claims, that there are Vet folders on top of the cabinets (some even act as 'Bookends'). A lot of adjudicators FAIL at using COVERS, so when clerks search for folders (to insert new Veteran mail), it cannot be found! A lot of folders pending resolution are sitting in, around and even under desks!

In short, the DVA is an ABORTION!

I was a Whistleblower to these conditions, and I was terminated from my job (in part) due to this. I lost my job primarily due to filing an On the Job injury to OWCP. Management did not want to accommodate.

So, you may say that I have a PERSONAL VENDETTA against these clowns...

YES...I DO! I'm out for blood, for their lies, and blatant disregard towards my, and others disabling conditions.

They ARE NOT above the Law.

Sorry, I got into a "Rant", but that's just part of the reason why I'm here!

BTW...You mentioned that you are in Journalism. I myself, worked at a local news TV station. It sucked! I'm not crazy about the producers at mine. They were Psychopathic! hahahaha

But, my reasons for bringing this up, is because I want to write a book.

When you get a chance, kindly go to guru.com, and, under 'Search' type in: THE JUDICIAL FAILURE . It's a writers search website.

See if you would like to consider this, and contact me either through here or that site.

Take Care, and I hope to hear from you soon!

[vmo]

"Rentalguy" and "hollywood", great posts. Can't thank you enough. Well said. Aaaaaaaaaaaamen and Amen. I think not a day has passed that I have not learned something new about my spine or confirmed my suspicion's about the VARO's bulls..t.

[StormWolf]

Rentalguy,

One Word... INCREDIBLE !! Thank you so much for the time you obviously put into your posts. I applied for SC for a my lower back right after I got out, but was turned down due to lack of a chronic history of back pain. Now I look back at my service and I am wishing I would have went to the hospital every time my back hurt (but I did ask for it). So ten years later I am looking at DDD L4-5 & S1, out of work for since Jan 07, and currently waiting for a disability determination from both the VA and SSD. I am just now finding this site and learning the ropes. I have been being treated at the VA for this wonderful malody I have since I re-injured/aggravated or just plain really screwed up my back while at work (which is another story in itself). All I can say is this has to be a fate worse then death. I can't work, I am only SC 10% for a gun shot wound and I am living on $117 a month - 100 for cable, phone and internet. I am not sure what the best course of action would be to try to speed up the process and light a fire under my file. At this point I am undergoing the shot series, scheduled for #2 in march. I was also just recently diganosed with PTSD. But I am under no circumstances going to file for that SC right now, otherwise the claim I got in now will go back to square 1. Seems like I am on never ending road leading nowhere and covered with land mines.

Storm