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Question About Some Claims
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Tomahawk
Okay Ill try and keep this short so people with experience dont have to read a book to respond. The long of the short is that it took about 9 years for my to get my disability approved. Im currently rated at 30%. I was told and was under the impression this was for flat feet. My original claim was for left foot condition that at the time was not diagnosed properly. I was discharged medically due to "Hallux Vulgus" yet that was not the underlying condition. At any rate after 9 years they finally came back with the flat foot rating because I didnt have flat feet going in but do now. I actually have RSD in my foot/lower left calf. So I filed for an increase after talking to my pain managment doctor. All of my treatment is done at the VA
It is clearly documented that my foot condition is CRPS/RSD in my VA treatment records. And I have statements in my SMR that clearly indicate RSD back then.
1.) With my claim for the CRPS (granting they approve it) will they back date it to when I filed my original claim as I applied for the increase within 1 year of receiving my 30% decision?
2.) To prove something is service connected do I need the stated issue sited in my SMR or is having multiple "general" treatment for conditions good enough? For example I had an MRI in 2006 of my back that states " There is an apparent left pars defect of L5 suggestive of unilateral spondylolysis. Incidental note of Spina bifida Occult of L5. Sagittal images shows posterior disc bulge at T11-T12 which narrows the spinal canal at thsi level. Conus medullaris is displaced posteriorly. At l4-l5 there is hypertrophy of both facet joints causing mild bilateral beural foraminal narrowing. And in my SMR I have multiple low back strains as well as documented contusions in the T5 and T9 areas. However I never had an MRI when I was in the service.
3.) What is the best way to get a VA doctor to write a nexus? Do I just request a referral from my PCP for a specialist in that area specifically to be examined for the possibility of service connection? For example I have Sleep Apnea with documented sleep troubles while in service and a buddy statement saying I snored and occasionally woke up gasping. I am also on meds that are known to exacerbate OSA. So do I just request to be seen by the sleep lab people again and ask them to review my case or do I actually need to find a doc outside of the VA?
I have more but those are my main concerns for now. Its been over a year since my initial request for increase and due to logistical issues I still havent had my C&P exam so Im trying to get all my ducks in a row prior to going to the regional office.
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