# Decision



## Wanderer007 (12 Aug 2013)

I have a question for something that's not sitting right with me. 

I got my Official Decision...granted....great ...%....no problem with that. 

The question I have is the following quote "based on Departmental Medical Avisory, we have determined that the diagnosis of shin splints better reflects your disability. As a result, we have changed your claim and provide a ruling for shin splints. 

The original diagnosis was from my doctor after 5 years and the change is kinda odd. Blunt trauma injury, nerve damage, neuroma knee/shin documented up the ying yang.....shin splints - really? not. The damage is in my knee not the shin.....?

Any suggestions? Any explanation...?

Everything I have found is to address denials, not content or clarification......same process?

Thanks


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## Fishbone Jones (12 Aug 2013)

Wait til you find out it wasn't even a doctor that looked at your diagnosis, but a civvie with a pile of medical books on his desk.


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## Szczep (12 Aug 2013)

My case: in 2006, according to him/her from VAC, injury did not happen as described and did not cause the medical condition (though real specialists said: yes). His "medical opinion" was eventually disregarded by VRAB (many years later). Name of this fine VAC Medical Advisor: N.R. Shore. I am sure he/she continues with fine medical expertise and keeps saying NO to others.


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## Teager (12 Aug 2013)

If you got your % but they changed it to shin splints then maybe the % does not reflect your injury but reflects the shin splints which is more than likely a lower %. I would possibly inquire about an appeal.


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## kevincanada (12 Aug 2013)

Can you be a little more clear on what it is you are getting at?  A diagnoses for shin splits?  That in it self sounds weird.  Many people get shin splits when they start running after a few months it goes away as the muscles get stronger.  It's usually just weak muscles.  Kind of like that pain you get in the side just below the ribs.  After a month of practice it too goes away when the muscle gets up to strength.


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## Wanderer007 (12 Aug 2013)

The diagnosis and problem is nerve damage (neuromas, scar tissue) from a blunt trauma injury, nerve damage, neuroma knee/shin The damage is in my knee not the shin.

Official Decision letter, quote "based on Departmental Medical Avisory, we have determined that the diagnosis of shin splints better reflects your disability. As a result, we have changed your claim and provide a ruling for shin splints." 

Agree with you, I've only ever had shin splints about 25 years ago in basic... :nod:


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## maniac (12 Aug 2013)

You can look at this in 2 views,  got the award and % and you're happy,  whatever all is good.

Or

Few years down the road,  you try to get some associated treatment for your injury and they start giving you grief as it's not related to "Shin Splints",  It would be prudent for you now to address to issue perhaps with a "departmental review" of the decision first based on wrongly stated diagnosis.  You have the correct diagnosis so just show the proof.  Appeal may not be necessary,  talk to BPA and RCL Provincial Service Officer and get some advise on how to redress the matter.


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## Wanderer007 (12 Aug 2013)

maniac said:
			
		

> Few years down the road,  you try to get some associated treatment for your injury and they start giving you grief as it's not related to "Shin Splints",  It would be prudent for you now to address to issue perhaps with a "departmental review" of the decision first based on wrongly stated diagnosis.  You have the correct diagnosis so just show the proof.  Appeal may not be necessary,  talk to BPA and RCL Provincial Service Officer and get some advise on how to redress the matter.



Maniac, exactly why it's not sitting right with me. I go to a Pain Cinic for injections in my KNEE. I'm retiring next year, so when I get out, would VAC consider and cover that treatment, or physio? I don't think so with the above as shin splints. 

Thanks for the points


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## maniac (12 Aug 2013)

You've answered your own question bros!  I recommend talking to BPA and/or you RCL Provincial Service Officer about your concerns.  Well done, that's self determination,  we need more of that around here!


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## Wanderer007 (12 Aug 2013)

Thought it was cut and dried when I submitted.....Just getting my ducks in a row prior to submitting my VR.......little bit longer now I guess...

Thanks again

 :bowing:


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## maniac (13 Aug 2013)

Not trying to influence your career but based on your stated condition aren't you on TCat already.  Eventually that will transition to PCat and you would be 3B released.  There are significant benefits you would forfeit based on a VR vs a medical release.  

Even if you have a significant time served, there are some benefits you would still get, like retraining.


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## Kat Stevens (13 Aug 2013)

DO NOT VR!  You will end up screwing yourself, and don't take that shin splint crap lying down either.  Get copies of ALL relevant medical docs, and get them to a Legion Service Officer.


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## PuckChaser (13 Aug 2013)

They did the same thing to me, changed "Complete ACL tear (operated)" to "Internal Derangement (operated)". I immediately contacted the Legion and their service officers are going through my file now.


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## maniac (13 Aug 2013)

good examples and advise troops!


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## Wanderer007 (13 Aug 2013)

Nope, voluntary release.....past 5 years ...on TCAT, off, back on, off, couple of BFTs, head first and pedal to the metal, rough after, but done. Last one, wiped out on ice and buggered up my knee, again. Working through therapy, I guess I could end up with a med release, but enough is enough, and as I said will be VR'ing in the spring if this all works out...
Just want to ensure I can continue with the therapy after I get out...will see what rolls out of the queries....

Thanks all for your comments.


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## blackberet17 (14 Aug 2013)

This is a little weird. I have to say, in my experience (I can hear those gasps, people), shin splints are a symptom of a problem, which would normally be denied as a medical condition for pension/disability award benefit purposes.

Maniac is correct, go with a Departmental Review first. What was the original condition you claimed in the first place?


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