hollyh1344

After submitting my NOD and some new evidence, the VA contacted me and are going to schedule an exam on my back and hips. They previously were not considered "service connected" because I was medically retired due, in part, to "low back condition" and "bilateral hip condition". Is the fact that they are scheduling an exam a good sign?

I originally filed a claim due to low back pain associated with a training injury. Although medically discharged, in part, due to his injury, the VA did not service connect it. I spoke with my DVA rep and she basically said that the reason they haven't service connected it is because it was missing a formal diagnosis. I just saw a specialist and believe it will be diagnosed with osteoarthritis as a result of that military injury. Since it's currently on appeal, will I be able to submit the new medical evidence? Will the claim be back dated to when I originally filed, or will I have to eventually open a new claim?

Hello everyone, I will try to make a long story short. I was placed on TDRL in 2009 for chronic pain due to stress fractures in both heels, chronic pain in both hips, and chronic low back pain due to low back sacroilitis. The VA service connected my feet at 10% and my left shoulder due to bursitis at 10% but failed to service connect my back, hips, and ankles. I just recently had a rep review my Cfile (better late than never...) and she said that those conditions have not been service-connected because I have not been given a formal diagnosis other than chronic pain. I've seen physical therapists, a podiatrist, orthopedic doctor, etc, but none actually *named* a diagnosis. An MRI of my low back and both hips in 2012 was clear of any issues or signs of injury. Anyways, the representative said that I need a diagnosis that stated a condition that was chronic and degenerative, such as osteoarthritis. My primary care physician is referring me a rheumatologist, but she gave me a formal diagnosis of fibromyalgia and stated that it was possibly triggered by the injury to my feet. I've had claims pending for quite some time due to chronic pain in those areas. Will I possibly gain service-connection now and any benefits be back-dated, or will I have to close it out and start a whole new claim due to the diagnosis? Also, if anyone has any case listing available for similar claims that went to hearing that would be helpful. Thanks in advance for any input. *I want to specify that I did not service in or during the Gulf War*

That gives me a lot of hope. Thanks

The conditions that were denied service connected were low back condition, bilateral hip conditions, and bilateral ankle conditions. (I was medically retired for those exact conditions, btw) Basically, most of the pain I was having post service could be controlled with OTC meds, exercise, rest, and lifestyle accommodation. I don't believe I was receiving any medical treatment immediately after service. I would understand if they would rate the conditions around 10%, due to the lack of severity, but I believe it should have been service connected even without post service medical treatment. As I'm getting older, the conditions are worsening, so I'm hoping to get the issue cleared-up asap. I'm anxiously awaiting my C-file so I can review it with my VSO. I do not have a copy of that original denial. Is anyone aware of any appeals where service connection was granted despite last of post service medical records? I'm confident that I can get the claim re-opened and service connected now, and I'm in the process of doing so, but if I could argue a CUE for an EED, that would be even better.

The VA requested that I provide medical evidence since service. I failed to do so, so service-connection was denied. I did not appeal in a timely manner. (Stupid, stupid, stupid....I know) If I successfully re-open the claim and establish service connection, if there any chance of them giving the original claim date as the effective date? Or has that ship long ago sailed?

They denied my request to re-open the case, and I filed a NOD on that denial and requested a DRO. I missed the appeal deadline when the claims were initially denied, so now I'm making sure I have new and material evidence, including the PEB results. I've *finally* contacted a local VSO to help me out. I do feel like the VA made an error originally because the conditions were listed as chronic and service related. I feel that I have a strong case for re-opening because I have new evidence to provide. I'm also asking that the effective date be back dated because the conditions were very obviously service-connected. That may seem like a stretch, but I feel that the VA wants to make Vets "fight" for it, and even though I did miss the appeal deadline, I should not have been forced to appeal. Ultimately, if the effective date is not back-dated, I blame myself for missing the deadline, but I feel it's worth a shot.

Right hip condition (claimed as chronic right hip pain, status post injury) low back condition (claimed as chronic low back pain) Left hip condition (claimed as chronice left hip pain, status post injury) (All three are given the same explanation) - A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New means that the evidence has not been considered before and materail means it applies to the specific issue for which you were previously denied. New and material evidence must raise a reasonable possibility, that when considered with all the evidence or record (both new and old), that the outcome (conclusion) would change. The evidence can't simply be redundant (repetitive) or cumulative of that which we had when we previously decided your claim. - The evidence from {} is not new and material evidence because it does not establish a fact necessary to substantiate the claim and does not raise a reasonable possibility of substantiating the claim. - The claim for service connection for (each condition listed above) remains denied because the evidence submitted is not new and material. Bilateral ankle sprains resolved with residual arthralgia - Service connection for bilateral ankle sprains resolved with residual arthralgia is denied since this condition neither occurred in nor was caused by service. - Service connection for bilateral ankle sprains resolved with residual arthralgia is denied. Since receiving the denial, I provided additional copies of service treatment records seperately for each condition, and highlighted important parts of them. I also found some hand written medical records placing me on profile twice for ankle sprains. Additionally, I am forwarding the order placing me on PDRL and the final medical examination that brought them to that decision. In hindsight, I should have provided all of this before asking to reopen the claims, but I'm living and learning with this process. I've requested a copy of my C-file as well, so maybe that will help shed some light.

I have all of my records, so I'm sure I could locate them.

During my exit exam in 2009, I had several service-connected conditions diagnosed and was placed on TDRL for those conditions. I filed claims with the VA, and the VA denied them stating that all but one were not service-connected. I was dumb and did not appeal in time. This past year, I was re-examined by the MEB. It was determined that my conditions stabilized, and I was placed on permanent disability retirement. I've filed to re-open my case because 1.) the new exam and disability rating are new and material evidence to those conditions and that 2.) the VA committed a CUE by ignoring my exit exam and the entire reason I was discharged to begin with. The VA is continuing to state that the conditions aren't service-connected, and it's currently on appeal. I've requested a copy of my C-file and an additional copy of my orders placing me on PDRL that I will forward as evidence. I've read that if the exit exam states the diagnosis, it should automatically be service connected. Is that correct? Any similar experiences is greatly appreciated. Thanks.