Va Games, New Claim Treated As A Reopen Instead Of A New One

[ArNG11]

So in an interesting turn of events, the VA has got me curious. Long story short. I filed a back claim some time ago and I managed to get service connected. Ofcourse, I got lowballed and I requested an increase and claimed some secondary issues in this instance my hips. C&P exam done, osteoarthritis of hips acknowledged, but denied as no relationship to secondary injury from IVDS and deformity of L1 disk. Got an increase of 10% as if to offer me some cheese. Back to the no relationship... Well ofcourse not, my back injury was from being ejected from a HUMMV and falling on my back and left hip, that would be a primary cause of trauma but ok. So I filed a new claim specifically asking for service connection to my injury from falling out and landing on my hip and back. I didn't claim the back as I am service connected for that and have an appeal on the bogus rating. I specifically filed a new claim for my hips and knees and left finger. I know I don't want to get on the bandwaggon of what ebennefits states however, I chuckled. My status on ebennies is now a claim for reopen on the hips. Well I never filed an initail claim on the hips, i filed as a secondary issue, and I was denied as the marvelous C&P doc opinied that osteoarthritis of the hips is not caused by IVDS of L1 but of old age or traumatic injury. Well I'm only 39. That doesn't sound right. Hmmm you mean like a traumatic injury such as being ejected from a moving vehicle, say it isn 't so. Really, wow, I would have never made that connection. Ah this will blow up in there faces or possibly mine but nope I don't think so, I much rather this grenade blows up in their hands.

Anyways no surprise. I am really astonished in a sense but not really . I mean if they want to give an earlier effective date then sure I'll take that, however, this ploy has me ever so curious. But I am sure this is a funny ploy to deny the injury to the hips again. The claim states that it is a reopen for the hips and a new claim for injuries to my knees and the finger. Finger. Ah how I would like to give them the finger right about now. Nah I think I am going to recite the regulations and CFR but sure I can play this game as well.

If I specifically file a claim for my hips and knees without asking for a reopen of secondaries why would the VA do it now? Games. Stupid games.

How many times I wonder if these shannanagans weren't allowed and nipped in the posterior, how effective and timely would claims be processed. Hell you might even seem some deserved justice for veterans and dependants that get denied benefits.

[justrluk]

It sounds like someone looked at your file and saw the other injury. You might be getting the benefit of the doubt. I have read elsewhere that the VA is required to pursued inferred claims or claims not already filed but found while looking at other issues. This might be rare, but It could be what happened (just a guess, though).

[Navy04]

I know how you feel, and I too am only 32 and medically retired from the navy at 30. I had two knee surgeries on my right knee while active. The VA granted me 0% SC last year, so I put an for an increase as I never had a C&P exam for this issue. So Feb 14 I go in for the C&P, and what did the VA do, no increase for the 0% but instead list it as a new condition of Painful Motion of the Knee, Granted 10%, WTH! So recently I put in for another FDC, and I put for my 0% R knee to be increased, Reopened the Left Knee which was denied at first all together, and put in for the Bilateral of both knees. I too, my right Hip is 3 inches out of alignment and the VA Chiro says due to the Bad Knees, Back and flat feet. I reopened the Back claim, as the VA again when I was retired did not perform a C&P. The Doc said that I was 6'3 well built and should not have issues as I was so young. Well guess what the same Doc said that I had no testicular issues, even though the month before I had Testicular Surgery due to an Bacteria I contracted in OEF. So a few months ago not only did the VA grant me 40% for the Testicle, but also SMC-K for loss of a Reproductive Organ. I hurt my back in OEF while active, and kept getting X-Rays, so the VA gave me MRIs and guess what happened next, L1, L3 and L5 crushed, Neck and Back Nerve damage causing swelling of the limbs and tingling, Bulging disc and DDD. So know the VA waited to long, that now I have a hole the size of a quarter in one of the Vertebrae. Now the Ortho Surgeon will not perform surgery as their is a great chance I could be paralyzed. I am sorry that I rambled, just tired of the Govt Screwing us over. God Bless, Good Luck and keep us posted.

[63SIERRA]

""So a few months ago not only did the VA grant me 40% for the Testicle,''

so they give 40 percent for a testicle, but only 10 for erectile dysfunction. I guess they dont care because they are the ones doing all of the xxxxxx.. they are xxxxxxx us.

[ArNG11]

Guys I really don't know where this is going to go but I will keep you guys posted. I just wanted to post what direction the VA is going with on my claims and maybe warn members here to keep an extra watchful eye on the shannanagans the VA is pulling.