ptsd Hip Arthritis Appeal

[bergin c/o]

recieved 10 percent for ptsd but they denied service connection for bilateral hip arthritis. one hip has beed replaced and the other is on the way. i began having hip pain while in desert storm but did not give it much thought. i discharged shortly after returning and it grew progressivly worse. i was 30 when i had my first hip replaced. v.a said in denial letter that my docters relied on speculation in the evidence letters i provided the va. words like possibly caused by service in the military and may have been caused by . also c-p exam stated a cause could not be assigned without resorting to speculation .even though my docters stated abnormal amount of degenerative arthritis in a young individual..got a letter today asking me to pick between traditional appeal or a decision review officer.were do i go from here to get more supporting evidence?

[*Bergie*]

recieved 10 percent for ptsd but they denied service connection for bilateral hip arthritis. one hip has beed replaced and the other is on the way. i began having hip pain while in desert storm but did not give it much thought. i discharged shortly after returning and it grew progressivly worse. i was 30 when i had my first hip replaced. v.a said in denial letter that my docters relied on speculation in the evidence letters i provided the va. words like possibly caused by service in the military and may have been caused by . also c-p exam stated a cause could not be assigned without resorting to speculation .even though my docters stated abnormal amount of degenerative arthritis in a young individual..got a letter today asking me to pick between traditional appeal or a decision review officer.were do i go from here to get more supporting evidence?

You should always take the DRO first. You can either have a reveiw or hearing at this level, I recommend the hearing so they can see you face to face. You can present everything you need to and say everything you want. If you are still denied than you can go for the traditional, which is the BVA.

JMO,

Bergie

[dwragon]

I'd go for the traditional, based upon my experiance. The dro was nothing but a delay tactic that cost me two years time.Also, the excuses they gave you are bs. Doctors are allowed to express medical opinions and basis for them, after all, they are all still "Practicing" medicine, and it goes to the benefit of a doubt in faver of the veteran, as well as veterans statements being very applicable to the rating process. I dont know if you are using an attorney or a so. I got myself to 90% befor I ever got to a board but it took ten years on the single issue of arthritis alone. I have had over 80 issues before the va, many which they refuse to adjudicate. Now Darla J Lilley is handleing my claims because they bwecame to much for me.

[bergin c/o]

thank you , i am waiting to hear from my vso later today . after i supplied all the medical documentation, i was curious about what more to give them and what i needed to say at the hearings . i discharged three months after returning from saudi , and the aches and pains grew worse i just went to my own dr. at home for treatment. they stated that i did not get seen by a dr. in servive they could not point to a cause of injury. they could only speculate.

[Commander Bob]

recieved 10 percent for ptsd but they denied service connection for bilateral hip arthritis. one hip has beed replaced and the other is on the way. i began having hip pain while in desert storm but did not give it much thought. i discharged shortly after returning and it grew progressivly worse. i was 30 when i had my first hip replaced. v.a said in denial letter that my docters relied on speculation in the evidence letters i provided the va. words like possibly caused by service in the military and may have been caused by . also c-p exam stated a cause could not be assigned without resorting to speculation .even though my docters stated abnormal amount of degenerative arthritis in a young individual..got a letter today asking me to pick between traditional appeal or a decision review officer.were do i go from here to get more supporting evidence?

I selected the DRO. I have been waiting 15 months, so far, for a reply from my VARO.

[bergin c/o]

va denied original claim because my docters said my condition was possibly caused and probably caused by military service. va said in letter that it was speculation and did not point to a specific incident. i went back to my docters for them to write a follow up and all seem afraid of the va. and would not write follow ups, i am confused because my vso told me to get more medical evidence,but if that well has run dry were do i go to get more before my hearing .

[Berta]

I suggest you read this regulation carefully-

it seems to me that your form of arthritis could be considered as service connectable under the Chronic Presumptive regulations- if you can prove it manifested itself (symptom or treatment wise) within one year after your discharge.

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.309.htm

"va denied original claim because my docters said my condition was possibly caused and probably caused by military service. va said in letter that it was speculation and did not point to a specific incident."

Did this doctor have your complete SMRs to refer to and do you yourself have a complete copy of them?

If the arthritis is comparable to the criteria for manifestation within one year after discharge-you would not need to prove a nexus factor (the etiology,incident or inservice cause that the VA said is missing)

How soon after discharge did you get documented medical attention for this condition?

. "also c-p exam stated a cause could not be assigned without resorting to speculation .even though my docters stated abnormal amount of degenerative arthritis in a young individual.."

Did the VA provide any medical rationale whatsoever to state why the "abnormal" amount of degeneration did NOT indicate long term arthritic problems?

A VA doc stated in a very hard to decifer MRI narrative that was 4 pages long that my husband ,the veteran. 'had evidence of "traumatic brain ischemia and atrophy that was significantly higher that what one would expect in a man his age "(he was 42 at the time)

That statement became probative evidence for my 1151 and FTCA award.

Your doctor made a profound statement which would not be speculative if he/she could bolster the statement (or yo could) with some internet research supporting the doctor's point.

Did you pay 'your doctors' any cash for these opinions?

If you did they should be asked to do a better job and follow the IMO format here in the IMO forum.

The PTSD- that is probably rated way to low.

Did you appeal that rating as well the hip denial?

Did you have any infectious disease or any med calls at all while in Desert Storm? Do you have any other medical problems?