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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Blackhawk12

New Knee Injury-Sc?

Question

I will try and make this quick. I had a compensation claim denied (no disability found and no service connection) on a knee claim. I got a letter from the treating military doctor (to help show that it is service connected) and went to a civilian doctor and got a diagnosis of a current injury. The MRI diagnosis showed a lateral patella tilt, small join effusion, and mild thickening of proximal patella tendon...I think all of that kind of shows patella tendonitis. During my claim and meeting with doctors I complained of instability with the knee.

I have a NOD filed and am awaiting the outcome. Here is the situation. I am no longer in the military and I was recently playing with my kids. As I picked up one of my kids my knee gave way (like I had complained to the C&P examiner and my civilian doctor) and I feel that I have more seriously injured my knee. I am going to give it a few days and hopefully it was just a sprain. My question is this...since this happened while I am a civilian am I on my own? I feel that my initial injury during service weakend my knee which caused it to give way possibly causing the current injury. Would I have to look at this as a new claim or a secondary (if the other one is found in my favor) claim. Any assistance would be greatly appreciated. Thanks.

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If you get service connected from your original claim then your new injury , (assuming your knee is further damaged now from it giving way), will be secondary. It will not matter that you are now civilian. The key is to have your knee service connected then any future injuries due to your knee, or if your knee worsens in the future it will all be service connected. As will any secondary issues that develop from having to compensate for a bad knee.

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I will try and make this quick. I had a compensation claim denied (no disability found and no service connection) on a knee claim. I got a letter from the treating military doctor (to help show that it is service connected) and went to a civilian doctor and got a diagnosis of a current injury. The MRI diagnosis showed a lateral patella tilt, small join effusion, and mild thickening of proximal patella tendon...I think all of that kind of shows patella tendonitis. During my claim and meeting with doctors I complained of instability with the knee.

I have a NOD filed and am awaiting the outcome. Here is the situation. I am no longer in the military and I was recently playing with my kids. As I picked up one of my kids my knee gave way (like I had complained to the C&P examiner and my civilian doctor) and I feel that I have more seriously injured my knee. I am going to give it a few days and hopefully it was just a sprain. My question is this...since this happened while I am a civilian am I on my own? I feel that my initial injury during service weakend my knee which caused it to give way possibly causing the current injury. Would I have to look at this as a new claim or a secondary (if the other one is found in my favor) claim. Any assistance would be greatly appreciated. Thanks.

I don't agree with usaf, he is describing pyramiding and that is not allowed. If the injury was made worse as you state than you would file for an increase if it was warrented, but first you need to get the award. As for your NOD I would ask for a DRO hearing since it gives you the opportunity to show the DRO what you are talking about regarding the instability and other symptoms, and it allows you to clarify any questions they have regarding your claim.

JMO,

Bergie

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......and, to add to Bergie's reply, I'd like to counsel you to get yerself down to the VA Medical Center nearest you and go to the ER with this latest injury. If you have not already established yourself with the VA Healthcare System, then this is a good time to do so. Always, Always work to build up your healthcare presence with the VA, and Always, Always get "possible" and "actual" healthcare claims notated, treated and confirmed. Always. Get them used to seeing you, so that they will know that you are not kidding, and you are not going to go away.................................

Just Sayin'...........

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Pyramiding isn't allowed but the knees can be evaluated under multiple diagnostic dodes.

From what I understand on the knees you can have more than one rating. For instance I have two different ratings on one knee. One is rated under DC5003-5260 for 10% patella femoral syndrome and an additional rating under DC5257 for 10% on that same knee for instability.

From what I gathered you could also have two different ratings if you have limitation of both flexion and extension. So if a person had limitations on both they would get two seperate ratings under different codes.

I'll do some digging and try to find the source where I read this.

Edited by USAFvet13

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