degenerative arthritis Developed Arthritis a Few Years After Service

[Doc_Sinned]

I've been wanting to put a claim in for arthritis that I've developed after my discharge, however, I was told I should wait after my appeal was completed or it could hold up the process. I have two remanded items left which my RO estimates will be completed in 6-9 months. What I'm wondering is, is it too late to file? I EASd back in September 2012. In my medical records from service I had complaints of knee and ankle instability. After a couple of years I started having a lot of pain in my feet, ankles, and knees. When I went to the doctor they said I had degenerative arthritis in my feet and ankles, and the beginning signs of arthritis in my knees. I've already been service connected for arthritis in my left shoulder and right thumb. I'm currently 28 years old. I've also started having the same pain in my right shoulder as my left.

 

Is it too late to put in a claim for these? Would they even relate it to military service since I've been out for 5 years? I feel like I'd be too young to develop arthritis based on my age. Could I use the instability from my time in service as a link to my current arthritis? For my right shoulder, could I claim it secondary to my left shoulder (overuse due to compensating for left shoulder pain and weakness)? I realize it would be based on current medical evidence, medical evidence in service, and and nexus relating it, just wondering of likelihood of being approved.

[Carl the Engineer]

Its never too late to put in a claim.  I too have arthritis and many claims won with secondaries won also.

When you put the claim in for arthritis, make it a secondary claim to a adjacent joint that is already sevice connected for arthritis.  That is what happened to me.  I don't think arthritis spreads like cancer or dermatitis, but I do think that when it affects one joint, the way the other joints act makes them more likely to get arthritis too.  And that is what my C&P examiner opined in her exam report.  As an example, I got secondary arthritis in my right elbow and left shoulder, because of my service connected right shoulder.  The examiner opined that I was overworking those joints to compensate for my limited motion of my right shoulder.

Once rated, and most likely rated 10% for pain or arthritis (that is the highest that can go) claim for an increase because of limited ROM (range of motion) and then you can get rated up to 40% each joint if in fact you have limited movement or pain on movement.  And always remember to stop at pain during the exam even though the examiner will want to pull on your arm.  Don't let them.  Stop at pain, or when you can't go any farther.  I have both issues, my right should I stop as it is very painful at a certain point even though if someone pulled on it it would go farther, but my elbow just stops, even when they pull on it and there is no pain.  So there is that.  As for joints, ROM is where the money is..  Just sayin,,

Submitting a new claim will effect what you currently have going on, so it depends if you need money sooner or later.  Submitting will delay everything, but you will get more money as your start date on your new claims will be sooner.  But whats in the hopper will get delayed.

FWIW,

Hamslice

 

[Doc_Sinned]

Thanks for the quick and informative reply Hamslice. I'll put my right shoulder in as secondary to my left. As for the feet, ankles, and knees, I'll file them based on instability with pain. Can you file for limited rom at the same time as you apply for arthritis, or would it be better to file limited rom after sc for arthritis and instability? My last two remands are for hearing loss and PTSD. so probably won't get anything for hearing loss, but ptsd I fall under the 50-70% range so that would increase my current rating to 80% or 90%. I'm moving back to oklahoma in august where I'll get an IMO from the Ellis Clinic to try and increase my chances. So I might be done with the remands by the time I get seen by doctor ellis, either way, I'll put the claim in afterwards. I kind of rambled on there, but thanks again for the info.

[Carl the Engineer]

I claimed pain.  I did not know about the arthritis until they said so because of the x-ray(s).  If the examiner does his or her job, they will measure your range of motion at the same time.  So one claim and one C&P exam.  They will normally low-ball your initial claim on a joint, so after a while submit for an increase.

And when I went to my exam, I didn't know anything about range of motion or "goniometer".  Word of the day.

Hamslice

P.S., Let me know about your experience with the Ellis Clinic.  I would like to know for future reference.

 

Edited April 23, 2017 by Hamslice
not plural spelling change