Compensation And Amendments

[braggin2]

:P I was discharged form the military over ten years ago with a service connected disablility and never received compensation for it. I have a bilateral knee condition, recto******l fistugla, depression cause by these condition and a few other problem. My original rating for my knees was 0% and never rated for the other conditions. Recently I had to undergo 4 surgeries in the last 7 months on my left knee. Meanwhile my other knee which was also bad is getting worse. Due to the fistugla I had surgery before leaving the military and in 94 had to have surgery to repair the muscle caused by the other surgeries,because of incontinence. I would like to know will the compensation start form when my original claim was file or will it start from the most recent claim filed?

My claim is before the board now and I had my last evaluation yesterday. The doctor that examined my told me that I my fibroids are back. I was originally diagnosed with having fibroids while in the military. I was told by the doctor I needed a hysterectomy because of it, but I had to put it off because of all the knee surgery. I forgot to put it on my original claim, the doctor told me to go back and add it and some other thing because it is very important. Since my claim is before the board and they said I should have a decision in 30 days. Should I wait until they rate me on what I have submitted and start receiving benefit or should I add the additional claims now?

[Vike17]

braggin2,

From what I understand is that you received a 0% rating for ecah knee after dicharge ten years ago, which would be about the 1997 range. This is correct, right? Also you said you weren't rate for depression and "a few other problems." Did you actually claim depression and the other stuff when you filed a claim for your knees? If not, then your effective date for those issues would be the date you filed your first claim for those. Did you submit some kind of "nexus" or connection from a shrink where they diagnosed you with MDD or dythymia as secondary to your service-connected knees?

As far as your knees is concerned, from what I gather by your post is that you applied for an increase recently (probably along with the depression and other 'stuff') Since you were rated already at 0%, any increase in evaluation would be effective the date when you filed for your increase, not the date of the first claim. Did you give VA all your treatment records from that last C&P exam/rating? That's what the VA will need to see along with the current range of motion established during the recent C&P exam to mmake a determination on the increase.

Regarding the fibroids, did they manifest themselves while you were on active duty and are they noted somewhere in your SMR's??? Do you currently have them now and have they been clinically diagnosed? If so you need to make a claim for these. Keep in mind if the twoo above questions are yes, you still need to provide a "nexus or a connection between the in-service episodes and the current condition either by submitting continuity of treatment from the time of discharge until or an IMO from doctor. If you file a claim for them now, it may slow down the rest of your claims, but at the same time you want to file the claim as soosn as possible to protect the effective date. Furthermore, fibroids would be rated based on any residualsthey may cause. In this case residuals of this particular condition may lead to a SMC "k" award for loss of use of a creative organ (the ovaries). It's your call when you file the claim.

Hope this helps!

Vike 17

[Berta]

If you mean the BVA-I suggest to wait for their decision-

or remand-before adding anything to this claim-

if you mean rating board- maybe you should wait in that regard too-----

Do you have proof that the disability is same as the one inservice and that it is clearly noted in your SMRs or Discharge Physical?

If you had been denied in the past- and did not appeal that- and this is a new or re-opened claim- any retro will be back to the date of the newer recent claim.

[braggin2]

My depression was linked to my physical condition (knees, fistula, etc). I was told by the doctor evaluating me to add the fibroid and it is documented in my military record and private medical records this is not on my original claim. It is because of the fibroid I will need the hysterectomy which is in my private medical records. I did notice in my claim that they didn't link disability to the proper cause. There wording was wrong. I original went to the medical board when I was in the military and was rated 0% in 1991. I was young and dumb, now I am older and in pain all the time. I should have re-filed along time ago, but I just didn't know.

[Vike17]

braggin2,

Now something doesn't sound right! You said you received a 0% in 1991 but you weren't discharged apparently until 1996-97?? Was this rating from VA? If it was, did you get out of the service at an earlier date , receive a rating and them enlist again?? Or id this rating from the DoD?

You also said;

"I did notice in my claim that they didn't link disability to the proper cause"

What disability are you talking about? Do you mean the knees? You said you didn't claim the other coditions until recently and those are to be decided in the very near future. If you mean the knees and you have a 0% rating from VA, then you have been service-connected for them, just that apparently when they made the decision there wasn't anything to warrant a compensable evaulation.

Can you please clarify?

Vike 17

[braggin2]

I was discharge over 10 year ago not 10 year. I have a problem with time, I tend to under estimate.

[braggin2]

I went before a military board while I was active duty. When I started having problems is when I called VA and they told me I was rate at 0% for my knees. in 06 I re-filed for my knees, fistula, depression,sciatica and chronic inflamation of the chest wall. All of which is documented in my service record except for depression. Who gave me the rating I don't know, I do know that when I called VA they told me I had a claim. When I ETS I did sign something saying that I would have future claims.