Fastest Decision I've Heard Of Ce Recieved 12/18 Decision 12/19

[ruby]

Went to appt, ask if comp rating had been updated (still waiting for them to put in the increase from a year ago) told your 60% ( I was 40%) I saw I was given 10% for pain in L wrist and 10% L foot.

This means I was denied for my Right wrist, both knees, L anlke, SI joints, Right Foot and Ankle. I was also denied IU and depression. I never applied for either. It was stated in my letters that I was depressed and my doctor considered me P&T

Oh I also noted that my rating of 20% was for cervical and lumbar arthritis it has never said lumbar before just cervical.

This is obvious to me they were denying my claim from the get go. I called the 800 number on 12/18/07 and was told they just recieved my CE on 12/17/07 the decision was entered into my records dated 12/19/07

My comp exam was 11/28/07--they never did my SI's at that point so its clear to me they were denying this from the start.

Can anyone beat my record?

No, I don't have the decision yet but I am sure I will get it within the month.

Here is what I think has happen and I need help in deciding how to handle this--Yes, I saw my rep today and he said when you get your papers put in a NOD but that wasn't my question, so hopefully someone can help me here.

I was given SC for cervical arthritis ie degenerative arthritis--- remember my SI' were remanded 20 yrs ago and I didn't do anything.

I have reactive arthritis and I am being treated for reactive arthritis.Now I must connect the dots and I can do this several ways I think.

One is this new DX of hidrandiditis supportva (cyst in groin) I have a current rating of 0% for a scar from this. The scarring is worse of course as it keeps coming back, but I will have to connect those dots that I was misdiagnosised in 75 and this caused my reactive arthritis.

My xrays in the service clearly show that I had SI irregularity indicating AS but could not rule out childbirth trauma it also stated that a dx by history would be necessary to determine.

I never knew I had reactive arthritis until 83 when it showed up on xrays again, this time much worse then before and I was sent to a rheumatologist at that time. I had symptons of the reactive arthritis in the service, such as unknown etiology of cystitis, pink eye (which was really iritis) vision impairment. When I was discharged within 6 mos I was seen frequently in the VA for leg and back pain, carpal tunnel, uveitis, iritis.

I have evidence of food poisioning which causes this type of arthritis.

Do I do a reconsideration pointing out these facts again and saying look guys SI joints would required someone to fallen extremely hard to cause any trauma-this is in the CFR 38 under sacroiliac joints. It was noted my si joints showed some irregularity in 1977 either chidbirth trauma or AS-it was confirmed in 83 by lab work and xray that I am HLA B-27 positive (indicates an auto immune gene) and they only way to get this type of arthritis is by some form of exposure to a bacteria and the fact I am HLA B-27 positive that would confirm the DX of reactive arthritis vs childbirth trauma.

The agent most suspicious at this time would be the cyst in the r groin that was missed dx 30 yrs ago.

Or I can apply for an increase for the scar and the cyst returning, which the VA has records that they saw me for this also.

Or I can apply for a new sc for reactive arthritis (losing all my past due money if I do and win)

Should I apply for aggravation or new injury's to my right wrist, foot, elbow, ankle and shoulder due to me falling and fracturing my elbow due to my arthritis in my foot.

I am stiff in the morning and I can't walk well due to the stiffnes and pain, I woke up one night with IBS problems and had to run to the bathroom--I don't run so I didn't make it to the bathroom, of course I slipped and fell tothe point I fractured my elbow.

No, I didn't get it treated, I was actually really sick with another flare up of my arthritis and IBS I was to sick to leave my house and I was by myself at the time. I just grinned and beared with the pain, it did really hurt. Finally I told my primary that my elbow was waking me up at night and the pain was bad, she got xrays of my elbow. About a week later Ortho calls me and said I had a healed fracture and now there was a chip bone. I could come in for therapy or splints if it doesn't go away I could have surgery.

I chose to get my own splint and live with the pain. I could go that route and try for a new disability that way.

Please inundated me with your opinions.

[ruby]

DRO or BVA not all on Hadit agree but I think a DRO hearing can be helpful cause it is recorded and put on paper. Sort of puts a check on lying if you know what I mean.

Sorry not sure what you mean by putting a check on lying, assuming your talking about the rater reading what you supplied and why they denied.

However, I do agree having something in writing actually can help you should it go to a court of law both are pretty much bound by what they said, if you keep changing your story it will go to credibility.

Is a DRO faster then the BVA

[ruby]

I guess I won, my denial came in the mail this evening.

CE on 11/28/07 to raters 12/13/07 (someone lied to me when I called) decision 12/19/07 recieved notice 12/28/07

I will type the most important parts for help in what to do.

Service connection for arthritis, right hand, knees, right foot and scaroiliac.

SC may be granted for a disability which begn in military service or was caused by some event or experience in service. Service connection for arthritis in the above is denied since this condition neither occurred in nor was caused by service.

I never recieved a CE for my SI joints---can they just ignore my request for this area of my body?

SC may be granted on a presumptive basis under 38 CFR 3.309(a) for arthritis, right hand, kneeds, right foot and sacroiliac if this condition is manifested to a compensable degree ( severe enough to be evaluated at least 10 persent disabling) within a certain period after military discharge (specified under 38 CFR 3.307. As the medical evidence fails to show a diagnosis of arthritis, etc within the time period , service connection on a presumptive basis must be denied.

Again my SI was not evaluated in this last CE. I was not diagnosis with arthritis(reactive) until 83 but I was seen for leg and back pain within the timeframe.

We requested a medical opinion to determine if these claimed conditions were secondary to your service connected disability of arthritis, cervical spine.

VA examiner opines your current feet, right ankle and hands conditions are not secondary to service connected cervical arthritis, nor are these secondary to left foot injury. X rays of the bilateral feet, dated March 8 2006 was normal except bilateral calcaneal spures: xrays dated march 8 2006 of spine sacroiliac joints showed bilateral sacroiliac arthristis; xrays of bilateral hands, dated march 8 2006 were normal. VA examiner states your major pains and disability is related to sacroilitis and the lumbar spine.

Service treatment records do not provide evidence of incurrence in service of these claimed conditions.

I have the records and I sent them to the VA too that showed arthritis in the SI joints in 1977 while on active duty. They acknowledged they have those records I sent.

Consideration of reasonable doubt was given and there is no approximate balance of positive and negative evidence to give rise to substantial doubt which can be resolved in your favor (38 CFR 3.102 The rule regarding benefit of reasonable doubt does not apply because the preponderance of evidence is unfavorable.

What evidence can that be?

Based on the evidence of record, there is no compelling medical testimony or substantiated opinion that these claimed conditions were incurred in service or aggravated by a service connected condition, nor can service connection be established as presumptive condition.

I am correct that they ignored the report that said I had arthritis in my SI joints in 1977?

I really need help on what and how to disagree with the board.

[ruby]

New question might be technical

If you filed a claim for secondary and you were denied can you file for SC (primary for the same thing)?

Either way does anyone have a direction in where I would find this info out in a regulations.

[Pete53]

The lying would be the VA

[chongo]

ruby

Im sorry to hear about your claim not being in your favor. Alot of hadit members have always said "keep trying" so keep trying and you'll educate yourself as you go through the process.