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Low Balled By The Va

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dittybopper

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hey all,

Just got the word from my DAV Rep decixion was as follows 10% both knees (same as initial award in 2001) and a additional 10% each hip due to degenerative joint disease. I was denied on ankles and back as they feel back is due to arthritis and therefore not their issue. I know I have to file a NOD the question is How do I support the NOD as I know my knees are worse than they were years ago when I recieved my initial award. I am now in braces and a cane and have not worked since September as my Orthopedic Doctor feels I cannot do my job as a Mail Man with the conditions as they are. He believes that all issues including my back and ankles are associated with my knees. I need advice on which way to proceed. I know I will not be 100% as I am not in totally incapacitaed state however not being able to work tells me it iss more than a 10% each knee issue. My Orthopedic Doctor wants to do surgery but states success is 70% likely to be sucessful and 30% will do no good or make it worse. ANy suggestions how to proceede from here. I thank anyone in advance for their advice.

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  • Content Curator/HadIt.com Elder
hey all,

Just got the word from my DAV Rep decixion was as follows 10% both knees (same as initial award in 2001) and a additional 10% each hip due to degenerative joint disease. I was denied on ankles and back as they feel back is due to arthritis and therefore not their issue. I know I have to file a NOD the question is How do I support the NOD as I know my knees are worse than they were years ago when I recieved my initial award. I am now in braces and a cane and have not worked since September as my Orthopedic Doctor feels I cannot do my job as a Mail Man with the conditions as they are. He believes that all issues including my back and ankles are associated with my knees. I need advice on which way to proceed. I know I will not be 100% as I am not in totally incapacitaed state however not being able to work tells me it iss more than a 10% each knee issue. My Orthopedic Doctor wants to do surgery but states success is 70% likely to be sucessful and 30% will do no good or make it worse. ANy suggestions how to proceede from here. I thank anyone in advance for their advice.

Did your orthopedic doctor write you an IMO/nexus letter? Was this submitted as part of your claim? Sometimes the VA will disregard a nexus letter unless it has specific airtight wording.

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  • HadIt.com Elder

You need your own doctor to write a letter to connect all those conditions to in-service events or as secondary to in-service events. The VA is probably always going to low ball you without your having more evidence from your own specialists. The VA goes out of their way to not connect the dots.

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"have not worked since September as my Orthopedic Doctor feels I cannot do my job as a Mail Man with the conditions as they are. He believes that all issues including my back and ankles are associated with my knees. I need advice on which way to proceed. I know I will not be 100% as I am not in totally incapacitaed"

Did the VA have this information from the ortho doc when they adjudicated your claim?

Are you getting SSA or temporary disability benefits from somewhere?

Would the ortho doc be willing to prepare a formal IMO-the IMO criteria is here at hadit.

VA rejects private medical opinions if they dont conform to this criteria.

John beat me to it!

He is correct-

The arthritis could even possibly be secondary to these problems.

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  • Content Curator/HadIt.com Elder

Also, remember the golden rule. The VA does not recognize common sense. You can have a mile long list of problems in your service treatment records, but the VA often will come back and tell you that the very same problem is not service connected. This happens even if it is painfully obvious.

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  • HadIt.com Elder

The VA may try and say that your problems are work related due to being a mailman. At the same time the USPS will blame your pre-existing service connected problems for not being able to do your job. It is a tightrope, but you can walk it to your advantage if you are careful.

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John999, and the others are correct here. You need to get your doctors to connect these conditions and when you get that you need another to do the same that you've seen.. surgeon ect... one might not be enough to persuade them but take this time to mount an attack of there defense and you can win this thing this is what they (VA) do. They put it in a way there is no hope or sounds that way... I was denied across the board and the VA made my denial sound as if I was lucky to keep the 40% I already had. Go with the DRO Hearing put a "face to the case" and hit them with the evidence... and lots of it, not just junk but the facts and very credible sources....good luck..Yogg

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