Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 0
diabetes Please - Need Advice On Filed Claim
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
tom91
I'll try to keep this as brief as possible but I'm looking for any advice out there on how my claim will likely be handled.
I was medically discharged in 91 with 20% - 10% right knee and 10% back (herniated disc). In my SMR's there is further notation of medical care for my left knee and hearing test (for which I requested) that states 'soldier demonstrates hearing loss and needs further evaluation'. Neither hearing nor left knee was approved for disability at time of discharge. I filed a new claim to add the hearing and left knee in 2003, with requests to increase the back and right knee due to my conditions progressing. I was denied and without proper guidance, did not file an appeal. I have resubmitted my claim in March of this year and based upon follow up last week, was informed it had gone through the rating board and was approved. During the follow up stages, I received comments that made me even more curious of the outcome --Initially, I contacted the 1-800 # and the rep informed me that the rating board was finished and it had been sent for approval, indicated 'yours will have to be looked at closely' -- not sure what she was trying to say. At that time, I contacted my rep at the regional office who confirmed it was up for approval but he could not see the file but was informed it was 'promising'. This previous Friday is when I confirmed with the 1-800# that approval had been completed earlier in the day but the computer was not updated yet with the details. He went on to inform me that back pay is quick if you are on direct deposit (which I am). I feel it sounds promising but some of you may have experienced this before without a good outcome. Advice?
Background - I included lengthy documentation from my SMR and reports from my personal physicians. For my back, the MRI states multilevel spondylosis with degenerativ disc disease. Based upon various responses on your site, it sounds like they will sustain my 10% rating with no further increase. However, wouldn't spondylosis (arthritis of spine) be a result of the prior injury (heniated disc that was combat related) and be considered for a secondary rating?
My hearing tests both recently and in my SMR reflect tinnitus and hearing loss. Would they not owe me back to 1991? Someone at the 1-800 # indicated it would only go back to my claim in March of this year (if approved) as I did not appeal it in 1991 or 2003. My thought is there was an error on the Army's part. Would that be a CUE?
Same for my left knee? CUE?
Further records show osteoarthritis and cartilage wear in both my left and right knee. How would that be considered? And, do they give you a rating for each knee or combined?
Although I did not claim either, I have been diagnosed as type II diabetic and bipolar. I made reference to the fact I cannot exercise which does not aid in losing weight and improving my diabetes. Should I have claimed it as a secondary condition?
Sorry to be so lengthy but want to be prepared in advance of the outcome. I'm certainly ready this time to fight if necessary.
Link to comment
Share on other sites
Top Posters For This Question
3
3
1
1
Popular Days
Aug 24
7
Aug 26
1
Top Posters For This Question
Berta 3 posts
tom91 3 posts
carlie 1 post
Ricky 1 post
Popular Days
Aug 24 2008
7 posts
Aug 26 2008
1 post
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now