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Double Standard?
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Vync
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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