Different Diagnoses Same Symptoms

[Bevo]

Another question. I talked to my VSO and got some discouragement. Here is the basic story: 2006 discharge, PDHA claim of symptoms get 1 diagnose, 2007 see chiro and va, same symptoms, new diagnoses, 2008 private ortho sand symptoms, new diagnoses. 2013 c&p same symptoms, new diagnoses. Denied because condition did not arise within a year of discharge. C&p and AMC both failed to include pre-2008 records of resumes in-service injuries and symptoms occurred as spelled out in remand.

So I'm feelingpretty confident at vlj and my VSO says he could still deny me because the diagnoses is different even though it's the same body part and symptoms. If that's true, it seems va could just change the diagnoses and say its new. Is there any case law or statute to prevent that? Or is my VSO correct?

Of resumes = or presume.

[Bevo]

Oh and no my VSO did not make final argument. The only thing they've been useful for is to call and get info that Peggy won't give. The one time they promised to turn something in for me they forgot.

[Bevo]

Went to pending dispatch. God I'm praying and hoping for good news!!!

[free_spirit_etc]

Wishing you luck Bevo!

And thanks for the great info asknod!

[Bevo]

I just talked to my VSO. The judge allowed both cervical spine and shoulder and remanded my effective date for dependent (they never asked for a BC then added it two years late). The remand is easy. I have a birth certificate right here ready to fedex when they send me a letter. The cervical spine should get at least 10% for ROM and the shoulder should get 10% for pain on motion like my knee did, that should move me from 30% (4 10%'s) to 50% with 5 years 9 months of back pay :). I know you never know with the VA, but another huge hurdle has been jumped.

[free_spirit_etc]

That's great news! The nice thing about the BVA is you do stand some chance with them. I think once any game playing starts at the RO level it is rough to get anywhere there - because they aren't really 'adjudicating' your claim at that point - they are just playing keep away.

[Bevo]

Here's the rub of it all. I was denied in 2008. Appealed, remanded in 2012. Denied by AMC in 2013. BVA approves. The AMC and RO denial reasons were I didn't have it within a year of discharge despite massive evidence they kept ignoring. NOTHING has changed about my symptoms in 2007 between 2008 and 2013. This was such a waste of time. The good thing is a lot of opportunities have arisen at my job to help veterans over the last year. And being involved in this has made me jump on those because I want to help vets.

Now, the AMC will rate. Probably sooner than later based on experience. I hope they give me 10% for each at least. If they pull some 0% crap I will lose it.