Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0

Advice On How To Handle Next Steps


I've had a claim in for a year for SC left knee and left ankle problems secondary to right knee SC problem. I was already rated 40% for the right knee after I got a knee replacement in 2003. Since then I have developed arthritis in my left knee and I broke my left ankle last year in a fall caused by my SC right knee giving way. I fall a lot.

I received the award letter yesterday. They awarded 10% for the left knee arthritis and 10% for the internal fixation in my left ankle. They denied additional compensation for my right knee and denied IU. My new rating is 50%.

My issue is that my right knee and left ankle are worse than months ago when I went to C&P and got documentation from private doctors. A new MRI shows traumatic arthritis in my ankle and my VA PPO doctor thinks that the pain I have is caused by nerve damage in the ankle. He prescribed a drug that is supposed to help with nerve damage. It does help some and I can walk short distances with a cane but it hurts like hell later. My right knee replacement is failing due to the additional weight I have been putting on it since my left ankle injury and motion causes pain in my knee. I haven't been able to work for about 15 months and I am 62.

My question is what approach should I take to continue my claim? I know I need to go back to specialists for new diagnosis. Is there a way I can get back in the VA queue and not have to wait 2 years for an appeal since I just got the letter?

Share this post

Link to post
Share on other sites

4 answers to this question

Recommended Posts

Do you receive SSA disability for these conditions?

If not have you applied for it?

Has any doctor sdtated that these conditions render you unemployable?

What was the way the VA worded the denial of TDIU?

Share this post

Link to post
Share on other sites



"My question is what approach should I take to continue my claim? I know I need to go back to specialists for new diagnosis. Is there a way I can get back in the VA queue and not have to wait 2 years for an appeal since I just got the letter?"

I suggest you file for a Reconsideration ASAP- and use the specialists opinion if you get that soon-

we need more info here to help with that-do you have a vet rep ?

I also suggest you invest some of the retro in an IMO.

Share this post

Link to post
Share on other sites

I do get SSDI. Social Security includes a total shoulder replacement that is not service connected.

I don't think that any of my medical documentation to the VA used the word "unemployable". The wording on the VA denial is "we denied entitlement to the 100% rate because it wasn't shown that you are unable to work as a result of your service connected disability/disabilities."


"entitlement to individual unemployability is denied because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities."

Also goes on to say that 50% isn't enough to qualify and that they didn't submit it to the Director for extra-schedular consideration.

In early correspondence they suggested types of acceptable evidence and they mentioned that letters or statements from people I know would be helpful. My wife wrote and gave a lot of information about her observations of my knee giving way and the falling. She wrote about my expression of pain and she listed personal and not so personal activities that I could and couldn't do. Their response is that "the lay statement does not meet the probative value of a medical opinion based on the lack of relative merits of qualification and analytical findings". She's a homemaker not a PHD. Why do they invite the information and then discard it?

I haven't been using a vet rep for several years since it appeared they were just a middle man forwarding my information to the VARO in the same building. They had a lot of turnover in their office and some of my stuff was getting lost in their cracks. I started this latest claim on my own.

Do the IMO's come from regular Doctors or are there IMO specialists? Are they expensive?

Share this post

Link to post
Share on other sites

A private doctor= if you have gotten treatment for the SC condition from them-they might do an IMO for free.

I paid 4,000 for 2 IMOs from a NeuroRadiologist but also had a freebee from former VA doc - and ordered a $1,750 IMO days before I got my award from the BVA.BVA gave the freebee as much weight as the 4000 bucks IMos.

It is hard to say what type of IMO fee you could expect.

I knew before I even ordered these IMOs that my claim was solid and the money would be well spent.I have the medical evidence I needed-but VAro refised to read any of it. It was one of my best investments.

Share this post

Link to post
Share on other sites

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 account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 

Important Information

{terms] and Guidelines