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mike/3/8/cav

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Ok knowledgable ones. I have some questions. I got my decision for disabilities last Sep/08,70%sc. )%sc right hand(which I broke in my early military years), 0%sc for headaches(which I have had for most of my military service and still do to this day). Then they gave me 0%period on left/right shoulder condition,left/right arm condition,neck pain,back pain. I submitted all my military records and civilian medical records and gave them the authority to get them themselves since I have been treated for these conditions or pain since my retirement. Here is my question. The only record of my having the 0% which they stated was not service connected is th Standard form 93 (REPORT OF MEDICAL HISTORY) which I filled out while I was still on active duty, it was for my retirement physical. On this form I checked off the following, Swollen or painful joints,Frequent or severe headaches,Cramps in your legs, Broken bones, Bone joint or other deformity, Recurrent back pain, and foot trouble. The doctor did a retirement physical and he wrote some notes in block 25 but it is all unreadable to me or probably anyone who does not read greek or latin. Anyway is this enough evidence to submit a NOD, and if so should I also include in the NOD that I believe that I should be entitled to TDIU P/T? I know this might sound like nit picking but it has been bothering me why they did'nt consider these problems as service connected. Thanks to anyone for advice.

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Hi carlie,

It says in the decision this "1. We determined that the following conditions were related to your military service, so service connection has been granted,PTSD 50% effective Oct 1, 2007,Left knee strain 10% Jul 13 2007,right knee strain 10% jul 13, 2007, residual pain s/p nondisplaced distal fibula fractuer, left ankle 10% july 13, 2007, residuals, fractured right hand with wrist involvement 0% jul 13, 2007, mixed type headaches 0%, jul 13 2007.

Then it states " We determined that the following conditions were not related to your military service, so service connection could'nt be granted." Medical Description, left shoulder condition, right shoulder condition, back spinal condition, left arm condition, right arm condition.

Further on in the letter for these non service connected conditions it states, " Your claim for , and they list each one seperately, but they all say this service connection for.........is denied, because there are no complaints of, treatment for, or diagnosis, showing this condition existed during service, and although your recent private treatment records note treatment, and they list them all, these records are dated many years following discharge from service and do not establish a relationship between this condition and your military service.

I guess for my retirement physical I imagined these conditions and noted them in anticipation I would eventually have problems down the road that VA would ignore.

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" there are no complaints of, treatment for, or diagnosis, showing this condition existed during service"

These are the golden nuggets required for service connection. the absense of the continuity of symptoms or a diagnosis will ge you denied every time regardless of what you put in your exit physical.

You are going to have to scour your SMR's and find any complaints, treatments or diagnoses. Keep in mind that hurting your shoulder with three or four complaints of pain won't get it.

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  • HadIt.com Elder

I think what is needed in some evidence that you can't work and have you also filed for Social Security. Since you are already rated 50% for PTSD it should be easy to show that it inteferes with working.

Good Luck

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