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Denied!! Hip Service connection. Guess what? Their is HOPE!

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silverdollar22

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In my past threads i posted that in 2014 i put in a claim for hip pain, and after x-rays and C&P was denied service connection.I did not put in a NOD. Fast forward to 2016. Put in claim for hip pain secondary to knee, sacroiliac joint and back arthritis. Two weeks later BBE came. Denied service connection,states lost med records.  Well after some fuming i gathered my evidence in my copy of my service medical records and made an appointment with my VA PCP. I showed her where in 1984 a had a bad auto accident that involved my entire left side.  After showing this to her i explained that i was denied service connection for my hip and asked her if she would write me a statement explaining that this could have resulted in my hip pain.  She said no problem!!  WOW. Ok  Went on e-benifits this morning and low and behold here is the letter.....  to whom it may concern veteran ------ is DOB- -------, is under ,my care since June 2011. Review of record shows , vet had a MVA in 1984, while in service, that affected -------  his left side, left knee, left side of back , & hip, His hip pain has increased since then x ray shows degenerative arthritis, which in my opinion is as likely as not is a result of trauma to his left side including hip in 2008 while in service if you have any question or concern, please feel free to contact me /es/ SAROJ B SHARMA MD STAFF PHYSICIAN Signed: 05/02/2016 16:35.  I think that this should be enough evidence to include my emergency record of the accident that they conveniently lost to RE-OPEN my 2014 claim for service connection of left hip.  What do you guys think?  I just wish that everyone of us vets had a great PCP like i do that actually cares for us vets and will go beyond what is required to help....    

Edited by silverdollar22
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Great!

If they do award on this info, then time to consider a 38 CFR 3.156 claim to gain more retro, on the 2014 denial....

Did both denials say the SMRS had been lost?

Are you still employed ,with the 80%?

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 First of all thanks Berta, the first denial says...

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE

CONNECTION ]

b. The condition claimed is less likely than not (less than 50%

probability) proximately due to or the result of the Veteran's service

connected condition.

 

c. Rationale: According to the medical literature, common risk factors for

developing degenerative joint disease(DJD) is aging and trauma. There is no

compelling evidence in the medical literature to imply a causal and effect

relationship between Lumbar Degenerative disc disease and degenerative joint

disease of the hip.

The veteran contends he is able to clearly differentiate his left hip pain

from the pain associated with his service connected lumbar radiculopathy.

I didn't even claim this as secondary the first time but when i did my C&P i asked if the pain in my hip could be connected to my DJD of back and sacroiliac and this is what the C&P examiner opined.  This was for service connection not as secondary.  In march of this year i put in the other claim for hip secondary to other and was denied in two weeks probably because of what the C&P examiner opined here!!!

Yes 80% i do still struggle at working because of insurance for my family!!!

Edited by silverdollar22
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bye the way my first claim for hip was in 2013 not 14.

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That is even better than 2013 , if there is a 38 CFR 3.156 issue here.

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Berta, i found this old post from 29 jan 15 and it brought back to mind what happened at my C&P...  My other c&p was for joint pains and hip pain and to be honest i almost walked out on that one, because she was a practitioner and she made me feel like i was confused and maybe so, but she said what joints and when i told her she kept interrupting me and stating that i was already service connected for that so what joints are you claiming. So after i said neck and elbows she did the ROM on everything and poked me and said she was done. It lasted about a hour. Then i went for neck and elbow x-rays and was finally able to get out of that place. So who knows what the outcome will be. . I don't know how this hip issue went from a service connection issue to a secondary issue?  

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Would you agree that this is new and material evidence? 

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