Military veterans. - Page 6

Zaphoon · 06-22-2009, 07:38 PM

Rayboo,

I am really hoping all goes well for you in this regard. Keep us posted.

Zaphoon

MtPockets · 06-23-2009, 09:04 AM

Just got my letter yesterday. I am now 100% disabled by the Veterans Administration.
I never could have done this without your help.
Thank you so much. It took about 10 months to process.

Rayboo · 07-06-2009, 08:37 PM

just an update .... met with VA rep on about 6/20. He filed claim within 24 hours. Received a call from VA Hospital on 7/3 asking if I would be able to come in for an exam. Very fast response. We'll see where it goes from here .... I'll keep you posted. Happy belated 4th to all of you!
Rayboo

MtPockets · 07-07-2009, 12:00 PM

I had to make my first visit to a VA hospital yesterday. It was one of the cleanest hospitals I have every seen. The people were very helpful and I was pleasantly surprised. I had a problem with bladder spasms and a leaking Cather, and they did a great job. Even though my appointment went beyond closing time for some of the offices 5pm. They stayed until I was taken care of.
I know all may not be this good but hooray for the Biloxi VA.

TxRR · 07-07-2009, 03:41 PM

After a year and a half, I finally received a ruling on my PLS claim (denied). My claim was chosen to be processed by the VA's "Tiger Team" in Cleveland, Ohio. The Tiger Team is supposed to expedite claims.

My letter ("Reasons For Decision") reads as follows:

"Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Service connection for primary lateral sclerosis is denied since this condition neither occurred in nor was caused by service".

"Service connection may be granted on a presumptive basis under 38 CFR 3.309(a) for primary lateral sclerosis if this condition is manifested to a compensable degree (severe enough to be evaluated at least 10 percent disabling) within a certain period after military discharge (specified under 38 CFR 3.307). The medical evidence establishes the existence of primary lateral sclerosis within the specified period after military service; however, the severity of the disability is not shown to be at a compensable level within that specified period. Therefore, service connection on a presumptive basis is denied".

So basically, PLS can be presumed service connected if manifested within a certain period of time after discharge AND the level of disability is at 10 percent.

I called my veterans counsler and he agreed the VA is just using symantics. I know for a fact that I was at least 10 percent disabled during my doctors visits. I could not run, hop on one leg, gait and balance issues, hyper reflexes, abnormal EMG etc. Two doctors told me I needed to find another job because my current job was too physically demanding.

I am going to meet with my VA counsler tomorrow and put together a strategy.

TxRR · 07-07-2009, 03:53 PM

Regarding ALS vs PLS the Tiger Team wrote the following:

Treatment records show that the veteran has been diagnosed with Primary Lateral Sclerosis, which, as the veteran has stated, is very similar in nature to Amyotrophic Lateral Sclerosis. However, there are differences in the two disabilities, and the two diagnoses are not interchangeable.

Zaphoon · 07-07-2009, 05:06 PM

Shucks! I guess its too bad the medical folks don't classify this as UMN dominant ALS. Thanks for all of your hard work on this, TXRR.

Zaphoon

MtPockets · 07-07-2009, 06:48 PM

That is so sad to hear that they ruled like that. I am so sorry. I hope something works out somehow.

ZenArcher · 07-07-2009, 07:59 PM

38CFR 3.307 states:
(3) Chronic disease. The disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen's disease (leprosy) and tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in paragraph (a)(2) of this section.

38CFR 3.309(a) gives the list of chronic diseases which will be presumed service connected if they meet the above requirements.

ALS falls under its own in 38CFR 3.318.

http://ecfr.gpoaccess.gov/cgi/t/text...r3_main_02.tpl

hopingforcure · 07-07-2009, 09:17 PM

I think there is a slippery slope between UMN ALS and PLS, I would think that you could get it considered UMN ALS, if you have any clinical lmn symptoms. I think a lot of people get disibility with PLS.. Some doc's put it under ALS..talk to the neuro.. Do not give up..

TxRR · 07-08-2009, 10:02 AM

I'm actually in alot better position than originally suspected. I thought the Va was going to deny me altogether. I meet all the requirements (veteran/presumptive service connection) except the 10 percent rule which, to me, is a no brainer because I know for a fact I was atleast 10 percent disabled at the time of my diagnosis. Less than 10 percent means you're healthy and normal. I had clonus, muscle twitches and spasms, bad balance and gait, brisk reflexes, abnormal emg etc..

My Va counselor feels confident that I could receive disability benefit's by providing a letter from my doctor giving his medical opinion (showing the time line, symptoms and progression of the disease). I have already appealed my decision. The Va counselor said the DVA raters are not doctors so you literally have to itemize each symptom so they can fully understand how you were not healthy at the time of the diagnosis.

I also asked the counselor about submitting new evidence vs appealing my decision to expedite things. I didn't quite understand his answer but he said appealling is preferred in order to prevent the closing of a window of opportunity, retro active pay and extending benefit's to my spouse when I die? Again, I didn't fully understand the answer.

TxRR · 07-23-2009, 12:51 PM

Question for ZEN...

I was told by a local VA Rater that the presumption of PLS is 1 year after military service because it is not specifically specified in 38CFR 3.307 and as a result defaults to 1 year:

38CFR 3.307 states:
(3) Chronic disease. The disease must have become manifest to a degree of 10 percent or more within 1 year (for Hansen's disease (leprosy) and tuberculosis, within 3 years; multiple sclerosis, within 7 years) from the date of separation from service as specified in paragraph (a)(2) of this section.

I thought, when not specified, they go by the next closes disease which, would be MS (7 years)? PLS should fall inbetween MS (7 years) and ALS (No time limit)?

ZenArcher · 07-23-2009, 07:25 PM

The VA follows what is stated in the CFR. I'm not sure where "they go by the next closes disease" comes from but I can pretty much guarantee it's not true. First, I've never seen it in the CFR and second given the fact that MS and PLS or ALS are completely different disease paths I don't think the comparison would ever stand.

Leprosy and TB get 3 years, MS gets 7 and ALS not time limit. Beyond that you need 10% disabling within 1 year of separation or you need to show a nexus to military service. Now based on what you've written earlier I would get all the info I could to show symptomology which would have been rated at 10% or higher. Get letters from family and friends, people you served with, in service medical records which you should have copies of by now, civilian medical records, letters from doctors, whatever you can get.

TxRR · 07-24-2009, 01:40 AM

Well i've been thrown for a big loop and I don't know what to believe anymore. According to the VA rep. here in Houston this statement from the people who decided my case in Cleveland is wrong:

"Service connection may be granted on a presumptive basis under 38 CFR 3.309(a) for primary lateral sclerosis if this condition is manifested to a compensable degree (severe enough to be evaluated at least 10 percent disabling) within a certain period after military discharge (specified under 38 CFR 3.307). The medical evidence establishes the existence of primary lateral sclerosis within the specified period after military service; however, the severity of the disability is not shown to be at a compensable level within that specified period. Therefore, service connection on a presumptive basis is denied".

My medical evidence does not go back to one year after military service. Somebody in Cleveland goofed up big time or not (don't know what to believe).

I'm totally lost and confused. I don't know what to submit because I'm not getting accurate information from them on my case. Do I go for service connection or presumptive service connection with 10%?

ZenArcher · 07-24-2009, 06:10 AM

According to that you simply need to show something that would be 10% disabling within the time frame. Find something here which is 10% or more disabling or a combination and submit all the evidence you can to support it.