Elbow Hurt In Service ..should I Claim Now Or Later?

[c&p man]

i went to sick call when i hit my elbow on a picket in the army they said soft tissue injury on report.. i been out of service for 10 years and i just been sucking it up and not complaining...i going to start seeing and complaing to the dr this week.. i have 2 claims in now for reconsideratrion affect date of 2009 march 30..so it is very recent my question is should i go ahead and claim increase of elbow from 0 percent right now...or should i get mediacl eveidence first? it hurt and i have some limited motion....

[purple]

the first questions that comes to mind is........how has your elbow felt over the past 10 years? have you been getting consistent medical treatment for it? if so, what is the specific injury? if not, why?

if you haven't been getting any treatment for the past 10 years,i think the VA will jump all over that.

[WHOLESALE]

Is your elbow S/C now or not? If it is already service connected at 0% then apply for an increase now. By the time they decide your claim or examination you will have several months of history in your medical file. This will substantiate your claim for increase.

Jay

i went to sick call when i hit my elbow on a picket in the army they said soft tissue injury on report.. i been out of service for 10 years and i just been sucking it up and not complaining...i going to start seeing and complaing to the dr this week.. i have 2 claims in now for reconsideratrion affect date of 2009 march 30..so it is very recent my question is should i go ahead and claim increase of elbow from 0 percent right now...or should i get mediacl eveidence first? it hurt and i have some limited motion....

[c&p man]

If it's already SC'd and bothering you, more, why would you wait? Since it is already SC'd the VA will have to give you a C&P exam and waiting would just cost you money. jmo

pr

ok sorry i need to elaborate more.... i went to sick call in service for it adn they said soft tissue injury....i complain about it to va but they NEVER wrote it down they was focused on all my other stuff.....my elbow is not sc and i ahvent no eveidence that i went for treatment for it ..... as i have read your guys post it sounds like i need to build up medical eveindce first and claim later? since i have claims in now....or should i just claim it as i will make sure they write something downand exam it xray etc..this week and in the future..... so i have a event in service need for it to be chroinic and present DIAGNOSE right?

[c&p man]

Sounds to me like you're grasping at straws, trying to SC this. If you went on sick call it should be documented, somewhere. Trying to prove this happened in the service may be difficult, if not impossible, unless there is some type of proof. Just because you say so doesn't cut it. The VA considers us all to be less than truthful. jmo

pr

its in my smr if you have read all the threads will see this...by the way i am not being a d--- h---if it sounds like it...i hurt it in service and its documented on my smr medical records as a soft tissue injury of the right elbow.....

[purple]

can you elaborate on what you mean by "soft tissue injury"? as that covers a very wide range.

[WHOLESALE]

I would still go ahead and file. It's not like their going to decide your claim in the next three months anyway. By then you will have your complaints on file and an IMO connecting your current elbow problems to the soft tissue injury in service.

Jay

[c&p man]

ii hit my elbow on a picket and my smr says soft tissue injury ...they gqave me like a 5 x day profile ..it was more or last like a hard hit to my elbow cus i triped and hit the picket ...it gives me fits sometimes pain some limited motion cus of stiffness...but hat about it and the va dr never thought it was important even though i brought it up..

[WHOLESALE]

Good luck!

ii hit my elbow on a picket and my smr says soft tissue injury ...they gqave me like a 5 x day profile ..it was more or last like a hard hit to my elbow cus i triped and hit the picket ...it gives me fits sometimes pain some limited motion cus of stiffness...but hat about it and the va dr never thought it was important even though i brought it up..

[c&p man]

Good luck!

thank you ..yea it a long shot ..but i cant work and havent worked in 6 years so i gota try..its thier somewhere///

[Philip Rogers]

No problem. I figure I volunteer my time here and won't be wasting anymore of my time responding to your posts. Good luck!

pr

its in my smr if you have read all the threads will see this...by the way i am not being a d--- h---if it sounds like it...i hurt it in service and its documented on my smr medical records as a soft tissue injury of the right elbow.....

[carlie]

c&p man,

Before putting energy into this claim for an elbow injury, that is so much of a long shot,

(10 years since discharge and no continuity of medical care for residuals)

you might want to check the Schedule of Ratings to even see if it's worth pursuing.

From reading thru all your posts, it reads like you are throwing a plate

of possible disabilities against the wall to see what sticks.

Usually about the only thing that sticks is:

Medical Evidence - Medical Evidence - Medical Evidence.

A report showing soft tissue damage 10 years ago with no follow up care and complaint's

is going no where.

As I stated in my first sentence, you might find that 5 or 6 years down the road,

(and after the 5 or 6 years of gathering medical evidence and opinion's and fighting the VA)

you might get it SC'd - a decision maker might SC it at zero percent.

Also, ROM has to be stated and measured by a doctor, just because we think we have some

problems with ROM - doesn't mean we do, speaking from a medical or decision maker's standpoint.

jmho,

carlie

[c&p man]

c&p man,

Before putting energy into this claim for an elbow injury, that is so much of a long shot,

(10 years since discharge and no continuity of medical care for residuals)

you might want to check the Schedule of Ratings to even see if it's worth pursuing.

From reading thru all your posts, it reads like you are throwing a plate

of possible disabilities against the wall to see what sticks.

Usually about the only thing that sticks is:

Medical Evidence - Medical Evidence - Medical Evidence.

A report showing soft tissue damage 10 years ago with no follow up care and complaint's

is going no where.

As I stated in my first sentence, you might find that 5 or 6 years down the road,

(and after the 5 or 6 years of gathering medical evidence and opinion's and fighting the VA)

you might get it SC'd - a decision maker might SC it at zero percent.

Also, ROM has to be stated and measured by a doctor, just because we think we have some

problems with ROM - doesn't mean we do, speaking from a medical or decision maker's standpoint.

jmho,

carlie

i agreee with you for the most part...but just like my left ankle i never complained about it once and i was rated 10 % first time.....headache also never reported after service sc it too...yes your right in many ways ...but i understand what your saying though....

[carlie]

i agreee with you for the most part...but just like my left ankle i never complained about it once and i was rated 10 % first time.....headache also never reported after service sc it too...yes your right in many ways ...but i understand what your saying though....

c&p man,

How about doing us all a favor and posting the exact wording

from the Reasons and Bases & the Evidence Sections

of the Rating Decision you have received,

that granted your left ankle SC'd at 10 % and your headaches as SC'd.

As you state, these were granted without the required medical evidence.

You have posted both in this thread that your elbow is SC

and then a post that it is not SC'd, which is it?

carlie

[c&p man]

sorry the its not sc by the va ...i hurt it in service and its on my smr..sorry for all the confusion....

[carlie]

c&p man,

How about doing us all a favor and posting the exact wording from the Reasons and Bases & the Evidence Sections of the Rating Decision you have received,that granted your left ankle SC'd at

10 % and your headaches as SC'd.

As you state, these were granted without the medical evidence.

This would be a great opportunity for all of us to see how we can get our claims granted,

without medical evidence.

I look forward to reading these parts of your Rating Decisions.

carlie

[c&p man]

c&p man,

How about doing us all a favor and posting the exact wording from the Reasons and Bases & the Evidence Sections of the Rating Decision you have received,that granted your left ankle SC'd at

10 % and your headaches as SC'd.

As you state, these were granted without the medical evidence.

This would be a great opportunity for all of us to see how we can get our claims granted,

without medical evidence.

I look forward to reading these parts of your Rating Decisions.

carlie

i had it in my smr 4 time that i hurt my ankle..never complained and they put me under

5271 for Rom.... of ankle...and headaches i just filed it and got it based on my back i told them aobut my headaches at c and p exam....

[carlie]

c&p man,

How about doing us all a favor and posting the exact wording from the Reasons and Bases & the Evidence Sections of the Rating Decision you have received,that granted your left ankle SC'd at

10 % and your headaches as SC'd.

carlie

[WHOLESALE]

What constitutes continuity? If you put in a claim now by the time it get rated YOU WILL HAVE CONTINUITY. Also, even without continuity an IMO will do. You have a current disability, have in-service treatment, so all you need now is an IMO. I wouldn't get the IMO right away. Wait about 3 months of treatment so it's more probative meaning you have been seeing a physicial that knows more about your current status and history.

I don't think it's a long shot by any means if you start now and get an IMO down the road.

Jay

c&p man,

Before putting energy into this claim for an elbow injury, that is so much of a long shot,

(10 years since discharge and no continuity of medical care for residuals)

you might want to check the Schedule of Ratings to even see if it's worth pursuing.

From reading thru all your posts, it reads like you are throwing a plate

of possible disabilities against the wall to see what sticks.

Usually about the only thing that sticks is:

Medical Evidence - Medical Evidence - Medical Evidence.

A report showing soft tissue damage 10 years ago with no follow up care and complaint's

is going no where.

As I stated in my first sentence, you might find that 5 or 6 years down the road,

(and after the 5 or 6 years of gathering medical evidence and opinion's and fighting the VA)

you might get it SC'd - a decision maker might SC it at zero percent.

Also, ROM has to be stated and measured by a doctor, just because we think we have some

problems with ROM - doesn't mean we do, speaking from a medical or decision maker's standpoint.

jmho,

carlie

[c&p man]

What constitutes continuity? If you put in a claim now by the time it get rated YOU WILL HAVE CONTINUITY. Also, even without continuity an IMO will do. You have a current disability, have in-service treatment, so all you need now is an IMO. I wouldn't get the IMO right away. Wait about 3 months of treatment so it's more probative meaning you have been seeing a physicial that knows more about your current status and history.

I don't think it's a long shot by any means if you start now and get an IMO down the road.

Jay

thank you ...i will wilco what you saying it makes sense thank you so much for yourr time and post....i sometimes fill like i am under attack when i post some things and someone put me under scruitnity....i do not want any other vet to fill like he and outsider when i post something..yes i will post fact and my opinion and sometimes advice...i know some peolpe are just trying to help but it sometimes fills like they are attacking me..we are on the same side guys... vets vs. va

[WHOLESALE]

IMO's are used commonly when there isn't continuity of treatment, meaning continuity from discharge. An IMO can sway "benefit of the doubt" in the Veteran's favor.

Jay

What constitutes continuity? If you put in a claim now by the time it get rated YOU WILL HAVE CONTINUITY. Also, even without continuity an IMO will do. You have a current disability, have in-service treatment, so all you need now is an IMO. I wouldn't get the IMO right away. Wait about 3 months of treatment so it's more probative meaning you have been seeing a physicial that knows more about your current status and history.

I don't think it's a long shot by any means if you start now and get an IMO down the road.

Jay