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bravoteam22
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Posts posted by bravoteam22
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Hi, this is my very first post on hadit.com. I have been reading through different forums for weeks, and I am very impressed by the amount of support and comaraderie shared amongst the users. In June, I filed a claim for disability for osteochondritis dissecans stage 3. I was in the Army as a firefighter for six years. I got out June 2003, and was unaware of any current issues with my ankle. In August 2003, I had severe ankle pain, would fall mid-step daily, and could barely walk. I went to a private doctor, and I was diagnosed with OD stage 3. OD is a degenerative joint condition where blood supply is not getting to the ankle bone, the bone chips off, and causes severe pain. The doctor said that it takes a long time for OD to reach stage 3. I had surgery in October 2003, and since then the condition has worsened. The VA wants to do surgery again. I never filed a claim for this. I decided to do so this past June. I listed the disability condition as OD stage 3 on my claim form. I just got my rating letter back, and it stated: "Service connection for osteochondritis dissecans stage 3 must be denied because there is no evidence of a current od stage 3, and indication in your service medical records that you ever had od stage 3 while you were on active duty." When I submitted my claim, I included all of my medical records from the private doctor, the current VA records indicating degenerative joint disease due to od stage 3, and private dr's notes from the past 8 years when I have fallen or had severe ankle pain. My question is: Did I word my initial claim wrong in listing my disability as OD stage 3, since it was corrected during surgery in 2003? Should I have worded it as residules of OD stage 3, or degenerative joint disease? All of the private and VA drs that I have seen have said that it takes at least a year for this condition to reach stage 3, and it was discovered 2 months after I came off of active duty--which would put me in stage 1 and 2 while in-service. Should I file a NOD and request to have a podiatrist or orthopeodic surgeon review my file (can I do that?), or should I just re-file a whole new claim and give up my initial claim date? Any help or advise would be greatly appreciated. I am in much pain, and the VA doctors want to do surgery again this spring.
Nod Or Refile Claim?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Thank you, Bergie! I think presenting the case in person is a good route, because I will know that they are getting all of the info that I want them to have, aka the ortho's medical opinion. Are DRO's intimidating for the veteran? My only fear with a NOD is that the VA will try to say that the condition was fixed with the surgery and that I worded the claim wrong, giving no attention to the djd. Thank you for your feedback!