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tiso787

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Hi Everyone,

When I filled out my first "statement of claim", I wrote down that I was having problems with my knees, I did not give any diagnoses from other doctors. Is it true that if one does not put down on the "statement of claim" any medical conditions that VA or a Civ. doctor just happen to find, VA does not have to award you that condition?.

In other words "you did not file it, we do not award it" (even when VA found it).

I also noticed that while going thru my c-file, the only "RO rating notes" was on my knees. No other conditions had a "RO rating notes" (i.e. Arthritis, multiple joint DJD, Hips, kneck, hands, depression/stress). Does the RO have to fill these out?.

Thank you

Peter

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It pays to be very specific on conditions you claim SC for.

They will most likely schedule you for C & P exam(s) based on your claim at some point-

Then the conditions will be listed in the rating decision as NSC or SC-if they grant SC- in the decision.

The VA is supposed to consider any disabilties they know of for service connection but they dont.

Much of the time it is not their fault-

If conditions are listed in the claim ,but vague, they might breeze right over them.

It pays to number and list each disability with SC potential and add that-my SMRs will reflect this disability had it's beginning manifestations in service-

or my VA medical records will show I am being treated for the following conditions that I feel warrant service connection-

Also it pays to use medical terms-

'knee' disability is vague-

present arthritis involvement of knee joint aggravating prior knee injury in service, as noted in my SMRs-that is better.

I have seen lists of 15-20 conditions at the BVA for one vet-sometimes-

This is too much for VA to comprehend-

In many cases these conditions, if stated better, would be resolved correctly.

If 5 conditions are related to a single prime condition- this makes more sense to VA-

why list hypertension, hyperlipedemia, ED, heart problems, and foot problems-and then list diabetes-

if the diabetes is service connectable- these are all most likely potential secondary conditions-

if the diabetes has been highlighted as the prime disability, which you state in your claim, you believe , has medically caused the other conditions -- then they will get it all better.

Also use medical terms instead of vague terms -like-

I have memory problems and feel numb- when you should actually state

I feel my recent cerebral vascular stroke should be service connected due to---------whatever---( my SC heart disease, etc)

and that I suffer from memory problems and periperal neuropathy in my extremities due to it.

A knee condition could be reflected in your med recs as a patella nerve impringement or something like that-and VARO could easily misinterpret this is what you are claiming.

It pays to tell them what is wrong with you like they are 12 years old.

Use the medical terminology from your med recs but then explain it to them.

A claim can take from 3 months to over three years to be resolved.

Therefore I always think that if you have some copies of specific SMRs or medical records that definitely help your claim, you should refer to them in the initial claim and then state that the copies of these records are attached.

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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Thanks Berta for the reply,

I had a hunch i did this wrong, some of us had no idea of how VA procedures worked. we have to be careful when it comes to conditions also. I was diagnosed in the Army as PFPS both knees, I was not aware that the ortho doctor had put down "Chronic PFPS both knees", one doctor also put down on a consult sheet " In reference to secondary DJD", Army X-ray doctor also stated "narrow space sugest degenrative disc disease of the medial minicus", 2 VA doctors said it was osteoarthritis(DJD), 4 Civ. doctors said it was osteoarthritis.

So VA RO said I had Tendonitis and it was suspose to get better(this was what the last Army ortho doctor said it was, if they would have thumb a little deeper, they would have found chronic PFPS). Bingo!!!....After a year of busting my buns of trying to get evidence and being denied, the RO found my chronic PFPS diagnoses. No osteoarthritis was diagnosed in service.

As far as i know it could be PFPS and osteoarthritis sat in "vary" soon after service.

Again, Thank you for your time Berta

Peter

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