Painful motion

Jason Perry

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Attached is the section from the VASRD on painful motion. Note that the Army routinely rejects ratings based on painful motion. If you fall into this category, pay special attention to this section. Also, I urge all attorneys who practice in this area to consider arguing this point using this section. I don't suspect you will have success at the PEB, but it will certainly lay the basis for arguing error later.
 

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douglas.collins

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OK so I'm not really sure how to start this so I'll begin at the beginning. in 2007 i had a vasectomy done. on post by a military doctor. The surgeon who performed the procedure messed up and accidentally pulled my vas defrence out too far and ripped everything attached to it inside me. I basically had a sergical hematoma (blood clot) the size of a grape fruit on my right testicle extending down to my knee. The swelling and blood clots slowly went away over a period of six months, but the pain was always there. the closest i could relate it so anyone could understand is, well its like you just got kicked by a toddler over and over again. its constant and has flair ups where i will go into shock and black out. ive had nerve blocks pain killers and all kinds of drugs pumped into me, and nothing seems to help. i deployed, it got ripped back open, i left iraq and got more nerve blocks, and then went back to iraq. i came home and the pain was always constant and since it ripped back open it had gotten worse. i lived with it for a long time and just kept doing my job. after ncoa, i went in to do my yearly physical and with all the new downsizing they decided to med board me. i have since researched and looked up everything i could pour through to find out how i go about this. i couldnt really find anything for my conditions. So i figured i would take whatever they gave me. i have since received 0% with severance pay and am getting ready to final out. My peblo said if i fight it i wouldn't get anything and they would just boot me. i went to the lawyers on post and treid to see what they could do but they told me it wasn't worth fighting and i was lucky i got that. i went and talked to the peb doctor trying to get some kind of help, he called down the the peb in san antonio to find out why i got such a low rating and the peb said they couldn't figure out a way to rate me so they just let me go and gave me what they thought was fair. oh, and V.A. wont even schedule me an appt to start a claim. they say there booked up and cant get me in any time soon. I'm kinda stuck and have no idea what to do but just roll with it even though this really doesn't sound right to anyone else i have talked to. im sorry this is so long thanks for any help.
 

maparker

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Were you on active duty when you had the surgery? How many years of active duty do you have in?

Do you have other medical conditions and were they included in your MEB/PEB?

You do not need an appointment with the VA to file a VA claim. There are ways to file by mail and electronically. See the DAV, VFW or other veteran service organization to assist on the VA claim.

Have your PEBLO explain under what scenario/process they would kick you out without anything if you challeged the IPEB findings. I would love to hear the answer.

Mike
 
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douglas.collins

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I was on active duty. i have been in since march 05, they didnt include anything else. i have had a lot of other injuries and sleep and anger problems but they told me that since i never went to sick call for these issues and tried to "tough it out" they couldnt do anything about it. i'm just trying to figure out a way to keep the va from doing what the army has done. im not so much worried about the money but i dont want to be forty and in a wheel chair, with my wife and kids trying to pay for everything.
 

Pat

PEB Forum Regular Member
Registered Member
Attached is the section from the VASRD on painful motion. Note that the Army routinely rejects ratings based on painful motion. If you fall into this category, pay special attention to this section. Also, I urge all attorneys who practice in this area to consider arguing this point using this section. I don't suspect you will have success at the PEB, but it will certainly lay the basis for arguing error later.
The important part is have it in your medical record even if they give you motrin every time. When you talk to the VA before your appointments you can include this and any condition you think you have for review when you go to the VA hospital for your appts.
 

Pat

PEB Forum Regular Member
Registered Member
OK so I'm not really sure how to start this so I'll begin at the beginning. in 2007 i had a vasectomy done. on post by a military doctor. The surgeon who performed the procedure messed up and accidentally pulled my vas defrence out too far and ripped everything attached to it inside me. I basically had a sergical hematoma (blood clot) the size of a grape fruit on my right testicle extending down to my knee. The swelling and blood clots slowly went away over a period of six months, but the pain was always there. the closest i could relate it so anyone could understand is, well its like you just got kicked by a toddler over and over again. its constant and has flair ups where i will go into shock and black out. ive had nerve blocks pain killers and all kinds of drugs pumped into me, and nothing seems to help. i deployed, it got ripped back open, i left iraq and got more nerve blocks, and then went back to iraq. i came home and the pain was always constant and since it ripped back open it had gotten worse. i lived with it for a long time and just kept doing my job. after ncoa, i went in to do my yearly physical and with all the new downsizing they decided to med board me. i have since researched and looked up everything i could pour through to find out how i go about this. i couldnt really find anything for my conditions. So i figured i would take whatever they gave me. i have since received 0% with severance pay and am getting ready to final out. My peblo said if i fight it i wouldn't get anything and they would just boot me. i went to the lawyers on post and treid to see what they could do but they told me it wasn't worth fighting and i was lucky i got that. i went and talked to the peb doctor trying to get some kind of help, he called down the the peb in san antonio to find out why i got such a low rating and the peb said they couldn't figure out a way to rate me so they just let me go and gave me what they thought was fair. oh, and V.A. wont even schedule me an appt to start a claim. they say there booked up and cant get me in any time soon. I'm kinda stuck and have no idea what to do but just roll with it even though this really doesn't sound right to anyone else i have talked to. im sorry this is so long thanks for any help.
Fight it. your cronic pain is well documneted, If you are stateside talk to the VFW or DAV they will be all over it. Have you requested and recieved a copy of your medical record? if not go to the records department and fill out the request they are required to provide a copy.....
7525 Epididymo-orchitis, chronic only: Rate as urinary tract infection.
For tubercular infections: Rate in accordance with §§4.88b or 4.89, whichever is appropriate.

"Acute epididymo-orchitis is a clinical syndrome consisting of pain, swelling and inflammation of the epididymis, with or without inflammation of the testes. The most common route of infection is local extension and is mainly due to infections spreading from the urethra (sexually transmitted infections) or from the bladder.1 Orchitis (infection limited to the testis) is much less common. Chronic epididymitis refers to epididymal pain and inflammation (usually without scrotal swelling) that lasts for more than 6 months."
Also if you have voiding issues during flairups that is rateable also
 

Pat

PEB Forum Regular Member
Registered Member
Were you on active duty when you had the surgery? How many years of active duty do you have in?

Do you have other medical conditions and were they included in your MEB/PEB?

You do not need an appointment with the VA to file a VA claim. There are ways to file by mail and electronically. See the DAV, VFW or other veteran service organization to assist on the VA claim.

Have your PEBLO explain under what scenario/process they would kick you out without anything if you challeged the IPEB findings. I would love to hear the answer.

Mike
Very interested to see how they can kick you out. I would make medical appts every week and make sure it is well documented from now on.
 

Hawkeye99

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hope this is a good place for this question.

I initially had a C&P exam with the VA back in 2011 for neck, shoulder, and knee. When the VA Dr did this, she asked when I had pain through the motion and then measured the degree/angle at the point when I felt pain (no degree/severity).

Fast forward, I just had my C&P exam today with QTC for both shoulders and also Meniere's (MEB condition) and this Dr basically had me do the motion until I couldn't stand the pain anymore and had to stop. It also seemed like the 1st Dr in 2011 took more measurements than the Dr today. Today seemed very unorganized, almost impromptu.

I'm curious if anyone knows if one method is supposed to be used over the other or if both methods are fine. Seems like the method today will result in a lower rating. I'm not too concerned if the 2nd method is authorized, but if it isn't and he should have done it similar to the 1st Dr's method, then I'll have to bring it up to my PEBLO. Anyone know about this?
 
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