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Secondary Service Connection (berta)

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Bound4heaven

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Bound-what rating did they give the shoulder- as the primary condition?

Also does this disability qualify you for "loss of arm near shoulder" or "loss of arm above elbow"?

Do you have normal elbow movement?

Also- I think you might have mentioned that this shoulder disability causes some stress on the other shoulder?

to compensate for it?

This vet got his Right shoulder service connected thus:

"Therefore, resolving all reasonable doubt in

favor of the veteran, the Board finds that the veterans

service-connected left shoulder disorder caused a right

shoulder disorder. Accordingly, the Board concludes that the

right shoulder disorder was proximately due to or the result

of the service-connected left shoulder disorder."

from :http://www.va.gov/vetapp96/files1/9602728.txt

The VBM (2005) Edition on page 344 shows that a vet with combinations of bilateral upper extremity "loss of" or "loss of use of " shoulder can get into the SMC "0" award with sufficient medical evidence of the loss .

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Bound -I would NOD it this way:

After stating it is a Notice of Disagreement-I would put that the medical evidence -as attached (I would attach copies of what you mentioned here) warrants a higher level of Special Monthly Compensation as the two upper extremities have significant losses of use.The NSC shoulder and arm disability is related to and secondary to the service connected arm and shoulder as stated in the attached medical opinions.

I would refer them to what you stated here-after 'apply in this issue" in your post I think you should state this to VA the same way you did here adding the doctor's name after each of the doctor's statements and remind them again that copies are attached.It made sense to me the way you have put it.

Then end this NOD with :

I fully intend to continue my appeal until the benefits I seek have been granted.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Share on other sites

Bound -I would NOD it this way:

After stating it is a Notice of Disagreement-I would put that the medical evidence -as attached (I would attach copies of what you mentioned here) warrants a higher level of Special Monthly Compensation as the two upper extremities have significant losses of use.The NSC shoulder and arm disability is related to and secondary to the service connected arm and shoulder as stated in the attached medical opinions.

I would refer them to what you stated here-after 'apply in this issue" in your post I think you should state this to VA the same way you did here adding the doctor's name after each of the doctor's statements and remind them again that copies are attached.It made sense to me the way you have put it.

Then end this NOD with :

I fully intend to continue my appeal until the benefits I seek have been granted.

Dear Berta,

Thank you once again. I will keep you posted. Have a blessed Mother's Day. God bless you.

Bound4Heaven

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