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Hip Arthritis Appeal

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bergin c/o

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recieved 10 percent for ptsd but they denied service connection for bilateral hip arthritis. one hip has beed replaced and the other is on the way. i began having hip pain while in desert storm but did not give it much thought. i discharged shortly after returning and it grew progressivly worse. i was 30 when i had my first hip replaced. v.a said in denial letter that my docters relied on speculation in the evidence letters i provided the va. words like possibly caused by service in the military and may have been caused by . also c-p exam stated a cause could not be assigned without resorting to speculation .even though my docters stated abnormal amount of degenerative arthritis in a young individual..got a letter today asking me to pick between traditional appeal or a decision review officer.were do i go from here to get more supporting evidence?

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the hip replacement was done 7years ago by a private docter, he does not give opinions on the cause he says he only deals with the effectsand would not write a letter for me. the docter i saw in 1994 for the initial diagnosis is retiered i still have a letter out to him but no reply. the family practitioner i was seeing when i got out and was initally diagnosed would not write an imo for me because i am no longer under his care ( i switched family drs 4 years ago ) he told me to see my current dr.---- my current family docter would not write an imo for me because the damage was caused so long ago and since i recently came under his care he told me he could not give an imo because he was not my dr in 1991 and did not know my medical condition back then.( my word was not good enough also he would not give me a letter about my ibs because most of america has ibs )i am finding all my docters are afraid of the va .....the recent letter was writen by a dr, at the pain management center i go to , and dr hartell is a chiropracter.........i understand a imo would be great but cannot find a docter to give an honest opinion all they will give is answers like possibly caused by military service or agrivated by military serve all agree my age makes my condition unique but will not offer more than possibly caused by military service,---------also it it not a pre existing condition-------------and i just sent in a claim letter for brucellosis.....thank you for your help but it is very difficult to find a docter for an imo thanks

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2 nd c-p exam just got a call from comp and pen i have to come in oct 14 for a c-p exam for my hip arthritis , i am curious my claim is in appeals(dro) why would they need another exam. if i got the same examiner wouldn`t i just get the same opinion. in my last exam they could not relate my arthritis to service connection with out resorting to speculation why would this time be any different. i called my service advisor but they took a message and will call me monday to answer my questions then . is this normal to get a 2nd c-p while in appeals-- thank you

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brucellosis infection , got packet today stating the va is working on my claim fo brucellosis infection ,spine pain ,arthritis, irritable bowel,joint pain and night sweats. in the letter they say that brucellosis infection has not been determined to be a presumtive condition based on service.but a va regulation is pending that would service connect it for service in southwest asiaon or after september 19 2001 .there for they are holding my claim pending approval of the regulation and they are scheduleing a general medical exam for me. the va called a few days ago about a comp-and pen exam for me they said it was for joint pain the bi-lateral hip arthritis claim that i have in appeals. but when i was able to get ahold of my dav service rep they told me the c-p exam was for brucellosis infection so that left me confused as to what the c-p exam was for..also in the packet from the va the said my appeal for bilateral hip condition will be addressed in a seperate correspondence ,which i have no clue what this means

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had second c-p exam last week. docter told me that he does not give opinions just collects info and passes it on to the rating board. first he asked about brucellosis infection ,he asked me why i thought i had this, i stated it matched my symptoms and it was present in the gulf area. he asked if i was ever diagnosed with it or ever had a blood test i said that is why i put in for it here i am.he asked if i was ever near a butcher (meat) in the gulf and i said no . he then said we could rule out brucellosis and the night sweats were probably ptsd related.he asked if my work of daily life style might have contributed to my arthritis ,that it was probably made worse by activity. he seemed to be driving at that i my have had it in the service or even before but that i intenially made it worse, by not taking it easy. he also asked about cemicall exposure and if i had done burn pit ,both of which i have done.an hour and a half of questions that a week exam ,he sent me for x-rays on my back , neck, and soulder and sayed if something was wrong it would show up on the xrays.he seemed to dwell on 2 things i have had 3 different orthepedic docters( one for my shoulders and 2 different for my hips) i have had 2 for my hips because i wanted a second opinion and he is an hour and a half away so i use a local guy for my shoulder. the 2nd thind was that if i did not have a specific diagnosis for my joint pain and if the x-rats did not show anything maybe there wasn`t anything wrong left there feeling tiered and like i had just bought a car i did not want. also i switched sevice officers and will see how that goes ,i have writen back to my docters asking for more likely than not opinions

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just wanted to post an update got a letter for another c-p exam .just waiting on the call for a time and date. not sure what they are looking for i will ask what this one is for when they call. also found my first docter i saw ( he had retiered awhile ago) saw him back in1994. he wrote me a good letter still waiting.

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just an update, filed a new clain to go along with my appeal included spine pain , night sweats , ibs, and arthritis. was called for a general medical c-p exam . then resently got called back for another c-p for my hip arthritis appeal. had the same examiner as the first arthritis exam . thought that was strange. she said i looked familiar she said it was obvious that i have arthritis in my hips and neck.. today got a call from v.a saying my appeal was ready to go to the rating board and they were going to send an updated letter to me saying that the first letter only stated a claim for the hips .that the new letter would state a claim for all of my claimed conditions. sounds like they are lumping my hip arthritis claim in with my other claims . i have mixed feeling about that. the seperate claims for spine paain and arthritis are similar except for the irritable bowl and night sweats.sent them in a letter from my first docter that i saw when i got out stating that i had ibs ,arthritis ,and hip pain . and that in his opinion these were cause by my service. that i had experience micro tears in my joints that wiped out my hips. va c-p also sent me for exrays and found arthritis in my neck also. would my claim being sent for a rateing be a good or bad sign? thanks

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