Denial

[ruby]

I admit I have been thinking my arthritis in all my joints are connected and recently figured out they weren't, so I wasn't really surprised at the results, what do I do now.

Lumbar was remanded in 86 with no outcome to my knowledge.

Do I go back and say I want to reopen this file or file for new SC-reactive arthritis

Or I could say that I thought my CE was for reactive arthritis.

I know this is complicated but I don't what type of appeal approach to take.

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.

Edited December 29, 2007 by ruby

[ruby]

Thought that was funny- arthritis may improve

I plan on asking "Your statement that the arthritis may improve and is not considered permanent."

From my knowledge and experience as a RN I personally do not know of a cure for degenerative arthritis and I am not aware that it can or will improve. Please provide me with any treatment that you are aware of for this condition, so I can inform my Rheumatologist of this medical treatment, so that I may begin treatment asap.