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Man I feel for ya. I am a Viet Nam Vet with peripheal neurophy along with RSD (Reflex sysmpathetic Dystrophy) and RH (Rhemuatoid Arithritus)
I take a medication from VA that helps, its called 'pregabalin' its for 'Nerve Pain'.......I also take a slew of others. Listen man, the VA is a very large very complex, Government Agency, and they are 'masters' at what they do; namely.....deni claims responsibility.... Listen, I am gonna tell you what to do.....take it or leave it on the table, its up to you. First and foremost, did I hear you correctly? You re enlisted and active duty? If so that will have to be handled differently....however I will assume you are a veteran....and just entering the VA Nightmare. When you first apply for VA Benefits, they will tell you you have to 'register' with the VA......do that and they give you a VA card. Then ask for a manual explaining your VA Benefits....get hold of this...asap... Do not let your 2 years expiration date run out....before you make a claim.; Keeep allll of your records and compile them by date and procedure of Record Keep all of your apppointments as best as you can... Appeal Appeal Appeal any and all frivolous 'decisions' (like the one you have already gotten) The VA works on the premise that they will pay or accept responsibility for all Veterans that are injured or contract a disease or illness while serving active duty in the Armed Forces, but................. they will dispense treatment and assume responsibility only for Vets that apply PROPERLY and in the right format (VA FORMS) and with in the prescribed time-tables. There are a lot of great people that are part of the VA, but they don't even know how massive the Beaureaucy really is. You are a young man, the Military will use your patriotisim and service and when you are injured and or compromised to the extent that you can no longer serve in the capacity for your required MOS; then the military will discharge you to the civilian world. Your military career and service ends. You will be classified as a Veteran and you will be treated according to the rules and regulations of the Veterans Administration as afforded to by the Congress of the United States of America, and only according to what you properly ask for and are properly awarded, in their time table. Paper work and more of it.....but don't give up HOPE. Persevere and move on to the next station. In other words, you do what you are supposed to do and always Appeal the decision until you get what you want and what you deserve. If you never had the injury (neurapahy-what ever) prior to service, then you sustained the injury as a result of service connected injury,.they owe you....collect....don't give in to the damn Buearocrats. Make em pay and make em accept responsibility. appeal all the way to the Supreme Courts of America. Get in line with the rest of us. Yep take a number. But be sure to take that number and wait for your turn, and when it comes, stand up and state your case. The only support you can count on is from other Vets just like you, not some civilian that is "employed" by the VA. They want you to give up and quit trying, thats their job.....to get you to give up...... Thanks for your service...... God Bless you and keep you...... Don't quit or give up....... Keep on fighting ........ Good Luck.......
__________________
Butch |
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leeter:
Quote:
When you filed your claim, one of the Veterans Service Representatives (VSR) at the VA Regional Office (VARO) requested a Compensation and Pension (C&P) exam be conducted at the VA Medical Center (VAMC). The purpose of this exam is to determine if/how much you are disabled. It is not intended to nor will it ever result in medical care from the VA. If you want health care from the VA you must enroll in the VA Health Care System by filling out VA Form 10-10EZ. You can do that online here: https://www.1010ez.med.va.gov/sec/vha/1010ez/ or you can print out your completed form and take it and your last DD-214 to the nearest VAMC at the intake desk. Your call. Depending on income and SC conditions you may continue to be eligible beyond the 2 years. From your narrative, I'm having a hard time understanding the C&P examiners opinion. It just doesn't make sense. The problem here is that you will need a doctors opinion that your PN was "more likely than not" (that's important) a result of your military service because... and he must provide a rationale. There are three things every successful claim has: 1. Military Service 2. A diagnosis of a compensable disease or condition 3. A nexus or connection between 1 & 2 It is the veterans responsibility to prove each of them. 1 is satisfied by your DD-214 2 is satisfied by either a physician or C&P examiners statement that you have the compensable condition. 3 is satisfied by either a physician or C&P examiners statement that he has examined you and your Service Medical Records and your Service Personnel Record and finds "at least as likely as not" that your condition is a result of your service. He must support his claim by a rationale that is scientifically acceptable. IOW, he can't just make it up and he can't rely on your testimony exclusively to support his opinion. At this point, I would do two things. Get the results of the C&P exam and see what he really did say. Go to the Patient Advocate and ask them for the C&P exam results. Every VAMC has a Patient Advocate that works for you. They also have a "Release of Information Office" that supposed to provide you with medical records collected about you. If it's still unsatisfactory, ask the VARO for another exam or get one from a private doctor. Also, make sure the VA has the name and address of every organization that ever treated you for PN. Oh, and if you don't have a Service Officer (SO) helping you with your claim, you better get one. I probably missed some things but that'll do for starters. |
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TincanMan,
The exam I had at the VA was not a 'C&P' it was setup by myself to try to get the treatment that my civilian doctor said I needed. The reason I set it up at the VA is because of the 2 years of healthcare I have with them. My claim was put in about 2-3 months before the visit I scheduled with the VA and I'm still waiting to hear on my claim. Thats why I was wondering if that visit I scheduled would affect it. I am moreso worried about it being denied which would deny me the treatment that I need then not receiving the money. Reason being now that I am diagnosed with this Neuropathy, getting civilian healthcare is going to be next to impossible unless I win the lotto to pay for it. Butch, I did not reenlist AD, I did my 6 years in the national guard (2 tours during the time) and reenlisted for another 6 because I love serving and doing my job when they call on me. |
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leeter:
If you are absolutely sure you were getting medical treatment and not a C&P, this doctors opinion will not get to the VARO and be evaluated as part of your claim unless you told the VARO about it. Personally, I'm not so sure about that as it sounds like a C&P. The usual procedure for new folks just entering the health care system it to be assigned a Primary Care Physician (PCP) who, after an initial interview, will schedule you for any specialists you need to see, lab tests or procedures he feels is necessary. Did you get a PCP interview? As an OIF/OEF veteran you should be scheduled for a TBI evaluation as well. If this is truly treatment, I would suggest you see the Patient Advocate and request a new doctor because this one seems to have preconceived notions which don't seem to fit your scenario. Don't go in there and read the PA the riot act. It doesn't work. Be prepared to present your case and reason it out. No matter what happens, don't lose your cool, stay calm. You need a Nexus, without one, your claim will fail. It's just that simple. You either need to get a more supportive physician at the VA or pay for your own. If you decide to pay for your own, it's imperative he state he has examined you, your Service Medical and Personell records and it is his opinion that your condition is "more likely than not" the result of your service. Then provide the rational for his opinion. He cannot rely on your testimony for his nexus. The VA is a large bureaucracy. There are statutes, regs and case law they have to follow and they usually do despite all the nonsense to the contrary. Every organization has its one percenters, incompetents and folks with an agenda. The VA is no different but the vast majority try to do the right thing. For what it's worth, forty-five percent of VA employees are vets and a good percentage of them are disabled. The reality of the situation is that it is always easier for a decision maker to approve a claim than to deny one. Many veterans spend years in what they call "fighting the VA" after which a certain percentage finally achieve success. They blame the VA for all those lost years. Generally, they finally stumble on submitting the necessary evidence. I've told you what you need to succeed. Get the evidence. Sometimes it isn't easy, but it's still necessary. Oh, one last thing. as an OIF/OEF vet your claims will take precedence over all others excepting the financially destitute, terminally ill and over 70 folks. Last edited by TinCanMan; 05-18-2007 at 10:11 AM. |
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leeter:
I'm not a medical professional but a quick web search shows a couple of Hereditary Neuropathies but it also says there are tests available to determine these. Go here: http://millercenter.uchicago.edu/lea...pn/hereditary/ I'd doubt comming up with this out of the blue is gonna fly unless you don't have a good nexus. For what it's worth, there's also the presumption of soundness based on your intake physical. |
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