“Veterans Affairs alters conclusions of medical reports to deny Disability Benefits”

Ex Canadian Forces Member. While serving in the Canadian Forces imagine 16 months away from your family, having occasional numbness in your feet after patrolling all day with 40 – 50 lbs of gear, then one day you feel a strange sensation in your chest, your heart beat is irregular, you all of a sudden feel en enormous weight on every part of your body and you collapse onto your knees, unable to lift your arms, your breathing slows and blackness begins to narrow your vision .... you wake up disoriented and with a sharp pain in your shoulder. A few months later your driving to work, you begin to experience stabbing abdominal pains, your hands and feet go numb, instantaneously sweat begins to pour off your head, you feel nauseated and then your breathing slows. Suddenly your entire body is charged with electricity and every muscle begins to contract, then your head and chest are resting against the steering wheel, you are confused and uncertain of your location. 20 months after leaving the Canadian Forces you've spent more than 4 months in bed, called 911 on 4 different occasions and spent more than 30 days in multiple hospitals while neurologists, cardiologists, respiratory and gastrointestinal specialists run hundreds of tests and invasive procedures. Without any clear cause you become short of breath just standing up, you drop utensils, phones, glasses and other items and are unable to button up your shirts because you can't feel the ends of your fingers. You are frequently unable to drive or walk when the dizziness and nausea becomes severe. Without any notice you suddenly feel extremely fatigued and your legs and arms become weak and you have to lye down wherever you are, even in a vehicle. Occasionally you feel a strange sensation down your spine and collapse on the floor, completely paralyzed. These are just a few of the challenges I now face, here is my story:
I was on duty with the Canadian Forces in 2009 when I received the H1N1 shot (AREPANRIX by GSK GlaxoSmithKline) and had a severe adverse reaction resulting in PERMANENT symptoms: dizziness, vertigo, irregular heart rhythms, shortness of breath, muscle weakness, pain and cramps, numbness in hands and feet, vision problems and severe fatigue. My physical fitness changed from special forces fit to that of a 70 year old in a matter of days. I advised the military doctors that my change in health occurred immediately following the H1N1 vaccination and although they noted my concerns on 8 different occasions, they did not investigate the link or file and adverse reaction report. According to CF Health Services (CFHS) they are required to report adverse reactions to Health Canada. There was no record of this report in my medical file. According to Health Canada there were 5,712 adverse reactions reported across Canada. The DND and CF filed only 9 reports, 5 had neurological symptoms. Due to the severity of my symptoms I was unable to continue performing my duties and was released from the military. Following my release, the military determined I was disabled and altered my release record due to the severity of my symptoms. Two years later Alberta's health officer in charge of the Immunization Program for the province reviewed my medical history and verified I had a severe adverse reaction to the H1N1 vaccine. I applied to Veterans Affairs (VA) for benefits through both their pension and rehabilitation programs, providing proof of vaccination, a letter from both Alberta Health Services (AHS) Immunization and another doctor verifying I had an adverse reaction and was denied on 3 separate occasions. Even though I was on duty training personnel when I received the vaccination, Veterans Affairs stated “There is no evidence that your barriers to reestablishment are related to your service time”. In an attempt to understand their decision in order to appeal it I asked them why they felt this injury was not related to military service. First the case manger advised me they did not have the authority to make a decision on my rehabilitation application. When I advised the case manager that a different case manager and a client service agent both told me they did have the authority, she then stated they simply did not want to provide rehabilitation benefits in case the pension division denied pension benefits based on the same criteria. They advised me to appeal to their national office or wait 9 – 12 months or longer until the pension division makes a decision. I asked why I should be denied rehabilitation and continue to suffer severe symptoms which can be treated when they can make a decision immediately. Again the case manager did not respond. Since they believe the injury was not service-related, I then asked for their definition of “service related” so that I could understand how to appeal the decision and they refused to answer the question and told me to contact the Bureau of Pension Advocates (BPA) who could assist with the appeal process. Again I told the case manager that it is difficult to appeal a decision if you don't know why the injury is not considered service related. I then advised the case manager that I had contacted the Bureau and was told they they are only involved in pension applications and cannot review or comment on rehabilitation appeals. The case manager then told me she was not aware of this and when I asked her who would assist me in my appeal again she could not provide an answer. I then asked if I was immunized while on active duty in Afghanistan and suffered an injury as a result would it be considered service-related and the case manager stated “yes, it would”. I pointed out the double standard which the case manager agreed with but she still refused to acknowledge my injury was service-related. Another case manager told me the main concern of Veterans Affairs was, if they approved the rehabilitation application and the pension application was denied, they would not be able to cut off my benefits until I reach the age of 65. Next I asked if they recognized the validity of the information from Alberta Health Services verifying I had a serious adverse reaction to the H1N1 vaccination. Again the case manager refused to answer the question but stated symptoms are not the same as adverse reactions. I then attempted to educate the case manager explaining adverse reactions are undesirable symptoms according to Health Canada and the vaccine manufacturer GSK. Incredibly, the case manager continued to disagreed advising me that even though I may have had an adverse reaction that my symptoms are not related to the adverse reaction. After arguing with the case manager over the definition of “service related” and adverse reactions versus symptoms, she told me to contact Alberta Health Services and use their rehabilitation programs instead of Veterans Affairs because VA programs are meant to get members back to work and are not for the permanently disabled. In fact she advise me Alberta Health Services will pay for all the rehabilitation that I require. I asked to speak with the Veterans Affairs doctor who advised the case manager regarding the adverse reaction and was provided his name and was told he was not in the office this week. Through the College of Physicians and Surgeons in Alberta website I was able to instantly identified him as a General Practitioner with no specialty in immunization and obtained his direct phone number within Veterans Affairs. I immediately called and was prompted with a message advising me he was on the phone and to leave a message which I did. To date he has not returned my call which was not a surprise to me. Following a previous pension application that was denied, I obtained the medical report from the Veterans Affairs doctor who reviewed my file which stated my injury was also not related to service, however he ignored medical information from several of my doctors, altered the conclusion of one of several of my neurologists reports and then claimed there was no agreement on my diagnosis, which became grounds for denying the application. He then speculated in his report that had the military determined my diagnosis was related to service there was no medical treatment that would relieve my symptoms. When I asked the case manager why the information from my doctors were not used in evaluating the validity of my application, especially when Veterans Affairs specifically requested it and paid my doctors to provide the reports, I was told Veterans Affairs took the position they did not have to use it and chose not to. I forwarded the Veterans Affairs Medical Report to my neurologist whose conclusions were altered by the Veterans Affairs doctor. Incredibly my neurologist called me on the weekend and advised me the Veterans Affairs doctors conclusions were false, that he did not have the authority and professional experience to reinterpreted his report. Clearly he was annoyed and stated the Veterans Affairs doctor should have consulted a specialist who was familiar with my condition and symptoms. Veterans Affairs admitted the doctor had made errors, but refused to review the original application advising me to appeal the decision through an Administrative Review which would take another 6 – 8 months. In 2012 I have been bedridden for more than 2 months, housebound most days, spent more than $10,000 paying for medication, therapy and specialized equipment to assist in my daily living and to manage my symptoms. I am now unable to afford the specialized physiotherapy which costs thousands of dollars each year and am unable to work due to my disability. I have written to the Minister of Veterans Affairs. To date, no response has been received.