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TKR; Arthritis and in service fracture
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broncovet
As you know I have answered a lot of hadit questions. Now, its different when its on me, so Im the one asking.
Background: I had an in service leg fracture. I applied for "Arthritis" which was never adjuticated. Instead, a 2005 RO decision "rate sheet" listed arthritis as NSC, 10%.
Since VA never worked the claim, there was no C and P exam, and probably no nexus statement, but its possible or likely that I could get one.
This means it was apparently denied and I was never given a RO decision.
My Arthritis of the knee is worse and will require both Knees replaced, according to my VA ortho doc. As you may know, Im at 100%, but an additional 100% convalscent would yield SMC S, for a year, or maybe 2 years, as both knees need replaced. The extra 8000 or so for SMC S would come in handy right now. A VA employee recommended "reapplying" for arthritis.
Question: Considering that I have hired an attorney to appeal to the CAVC, should I go ahead and reapply for arthritis, or should I wait for the outcome at CAVC?
Im not sure if it would tick off my attorney by applying for a new issue or not.
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broncovet 6 posts
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broncovet
Thank you for your responses. Berta posted: "I feel that, in fact, they did adjudicate the claim, and determined it was not SC, and that itself (NSC designation) is a denial." Yes, its
broncovet
Yes, Berta, the arthritis was formally claimed. However, due to shredded evidence, its not in the RBA. But, included in the RBA, is an (RO acknowledgement) that the arthritis claim was "withdrawn i
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