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Double Standard?


Vync

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I'm helping a friend on a shoulder injury claim and want to get an opinion from everyone.

My friend was on active duty and received medical treatment for a shoulder problem. The doc asked if he ever had problems with his shoulder in the past. My friend confirmed "he sprained it once while in high school, but said it was no big deal". The doc wrote that in his records exactly as shown.

My friend left active duty about six years ago and filed a claim for his shoulder condition. He started having problems about two years ago and had about 15 doctor visits since then. The VA approved his claim at 30%, then reduced his claim by 10% because his records claim he had a pre-existing condition. He combed through his SMR's and found only that one instance, described above, where it was noted that he had a couple of problems.

His C&P exam notes are contain the required ROM and objective evidence to meet a 30% rating. Nowhere do they indicate that the doctor opined the condition must have been incurred prior to service.

For every 10% we get, we have to fight hard and produce mounds of evidence to prove we met the requirements for whatever rating. The do not take our word for anything.

If the VA wants to reduce an award, all they have to do is simply quote a subjective statement which was logged during an examination. The VA does not have the same burden of proof we have. I don't understand how they can take a subjective statement indicating a single sprain and treat it as if it meets the entire 10% rating which was reduced. This just sounds dirty to me.

Of course, I encouraged my friend to fighting this all the way. He is getting an IMO next week from his surgeon. I wanted to solicit some input from the folks here so that I can reassure him about the way things work.

Thanks,

-V

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I can understand the military doctor recording his comments into the medical file. However, I also have to think that his military duty could very easily have aggravated such pre-existing condition. Possible aggravation of a pre-existing condition, while on active duty, is a whole new ballgame, in my opinion. I don't think your friend should roll over on this one.

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Might be hard to change but he can sure try. In this case his being honest is biting him in the butt. Not to say we should not be honest when dealing with the VA or anyone when being asked for our history. But we should all remember that anything and everything that is said at a VA meeting is usually written down.

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I'm helping a friend on a shoulder injury claim and want to get an opinion from everyone.

My friend was on active duty and received medical treatment for a shoulder problem. The doc asked if he ever had problems with his shoulder in the past. My friend confirmed "he sprained it once while in high school, but said it was no big deal". The doc wrote that in his records exactly as shown.

My friend left active duty about six years ago and filed a claim for his shoulder condition. He started having problems about two years ago and had about 15 doctor visits since then. The VA approved his claim at 30%, then reduced his claim by 10% because his records claim he had a pre-existing condition. He combed through his SMR's and found only that one instance, described above, where it was noted that he had a couple of problems.

His C&P exam notes are contain the required ROM and objective evidence to meet a 30% rating. Nowhere do they indicate that the doctor opined the condition must have been incurred prior to service.

For every 10% we get, we have to fight hard and produce mounds of evidence to prove we met the requirements for whatever rating. The do not take our word for anything.

If the VA wants to reduce an award, all they have to do is simply quote a subjective statement which was logged during an examination. The VA does not have the same burden of proof we have. I don't understand how they can take a subjective statement indicating a single sprain and treat it as if it meets the entire 10% rating which was reduced. This just sounds dirty to me.

Of course, I encouraged my friend to fighting this all the way. He is getting an IMO next week from his surgeon. I wanted to solicit some input from the folks here so that I can reassure him about the way things work.

Thanks,

-V

The VA is conceeding the injury, but most likely is saying that active duty "aggrevated" a pre-existing condition. I doubt you can win, as it is from his own words, but I don't fault you for trying. The only chance would be to state that he did not say he injured the shoulder prior to military service. I recommend you obtain a copy of the C&P exam, and the c-file first before proceeding with any action.

JMO,

Bergie

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My two cents:

If this is a proposed reduction, you definately should "fight" it. If it has already been reduced, and you did not fight it, it will be much tougher to "get it back".

That being said, you are either Service Connected for a condition, or you are NOT service connected. I dont think they say you are 10% is from military 90% is from something else. The reductions I am familiar with are all that the condition improved. If your friends condition had sustained improvement, that is improvement over time that stays improved, you probably wont win. However, unless the condition has gotten better, you should be able to fight the proposed reduction.

I think u have a legit gripe..they already "service connected" it, and, unless it showed improvement, then a reduction is improper.

How long has he been SC'd for this condition? This is critical. Over 20 years..no way they can reduce except for fraud. Over 10, still hard to reduce. Less than 5 years..they can reduce fairly easily, but still have to give u notice of proposed reduction. JHMO

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MMM. gotta agree, I have never seen a rating decrease because the rater said it was not service connected, unless it went to 0. It either is, and rated or isn't. There is no objective way of determining how much would be prior to service etc. Somethign sounds wrong.

Bob Smith

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