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Elperro
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Hello,
I have been diagnosed with avascular necrosis of my right and left Hip. I completed a claim indicating that the avascular necrosis of my hips was secondary due to chondromalacia of my right and left knee with instability (40%). Went to the C&P exam, was examined and had x-rays taken. I recently received my award letter and won an award for chronic ligamentous capsulitis bursitis, avascualr necrosis of my left femoral head (10%). However, I feel I have been misdiagnosed by the C&P medical examiner due to the fact that I did not receive an award for avascular necrosis of my right hip. The award that was won regarding my right hip is chronic ligamentous capsulitis bursitis degenerative cyst (10%). Since then I have had two surgeries and have a prosthesis on my right and left femoral head.
My question is what do I do? Request an increase or appeal the decision of the award that I received. Any input would be greatly appreciated.
Appeal Or Request For Increase Avn Hips
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Thanks for all the info,
Well my C&P exam was approximately in March/April and I received the award letter in September after my surgeries. I know that I can request 100% disability rating for my left hip and per the rating schedule after my one year is over I receive a minimum rating of 30%. However since I was misdiagnosed I don't know if my right hip were to be covered since the VA does not recognize that I have avascular necrosis. Now my second question is when the VA does recognize that I have avascular necrosis of the right hip would I receive a minimum rating of 30% per hip?
I believe the route I will take is to file for an increase since I have documentation that indicates I have had surgery and have prosthesis on both hips. I am just afraid of being denied and having the VA give me a lower rating, although I have the surgeons report with the proper facts. Also does anyone believe I should get an IMO.
Thanks, Happy Thanksgiving!