tdiu Arthritis Secondary To Military Injury

[broncovet]

Im curios if anyone has gotten comp for arthritis secondary to a knee injury?

Here is the deal:

Im at 100 percent and am seeking the "easiest" route to SMC S. I have at least 4 possibilities to SMC S.

1. TDIU..since I applied in 2002, and have not been employed (SGE) since then. My TDIU claim was dismissed by RO as moot: the BVA appeal said it was "not moot" and remanded it to RO for an SOC. This is crazy and assumes the RO is going to deny the remand..predjudicing the RO. (The VA has a duty to maximize the benefits due to Veteran). However, when the RO "implemented" the BVA remand they "forgot" to even mention TDIU, even tho it was required by the Board. I appealed the RO decision but am interested in getting "on with my life" and not spend my last days fighting VA!!!

2. Arthritis of the KNEE(s). I have it in both knees, as it often happens with one knee injury, the other flares up also. I had a fracture in military and have developed arthritis in BOTH knees and its documented by xrays and several docs and physical therapists. My question is if I did get arthritis for the knees, it wont even qualify me for SMC-S unless its "About" 50%. I have 100% for depression 10 percent hearing loss 10 percent tinnitus. Not sure if SMC is added or combined (above 100 percent) but I need "at least" 40 percent for arthritis to make to to SMC S. Maybe somebody has gotten SC for arthritis of the knees and can share their percentage and symptoms. One doc says I have a "leg length discrepency". I dont have a firm "nexus" for arthritis but I may be able to persue it. Its somewhat compelling when you have a fracture that broken bone often gets arthritis.

3. Sleep apnea. Im not SC for OSA but definately have sleep apnea. Since they did not even know what OSA is in the 1970's this is a tough one to get SC'd on. No, I do not have a docs nexus linking OSA to service. Possibly or even probably my nexus has to be something secondary to depression..after all they make me take pills, at least some of which has led to weight gain (and sleep apnea). My doc did say if I could lose 50 pounds it would not guarntee getting rid of sleep apnea but it would likely reduce it.

4. Crazily, Im already "housebound" but its SMP housebound. The VA says Im housebound..but that its not service connected HOUSEBOUND. However, VA did not say in reasons and bases how I can be housebound NOT due to sc conditions.

Thanks for the help. Id like to know your opinions on the best or easiest route to househound (SMC S). On ASKnod, he explained to be "housebound in fact" you dont need to NEVER leave the house..but never leave the house "for work". The VA was denying vets housebound if they showed up for a housebound c and p, reasoning if they made it to the docs for c and p, then they were not housebound. Buie struck that one down. Typical VA.

[BakerGeckos]

I got arthritis / djd for a surgery I had on a knee. Surgery was done by VA and they later gave me a second 10 percent for arthritis on same knee. My vso isn't sure how I got 10 for my knee and 10 for arthritis in the same knee but stated it may be as knee was 20 year ruled they double dimed for that..

[broncovet]

Interesting...Arthritis is different from surgical complications..but I expect the VA to interepret stuff in their favor. DJD leads TO arthritis, as do fractures. Im no doc, but both have symptoms (tho it may be hard to tell if your pain is from surgery, or from arthritis, but it may not matter. Its entirely possible or even likely to have more than one thing wrong with a body part. )

[Buck52]

I hurt my knees in Nam falling off a duce & half truck at TMP...I was pretty bruised up but I was 18 at the time & never thought anything of it some years later as I got older I got arthritis in both knees and it got worse over the years...I ask my VA PCP and they DX me with arthritis...well I ask if it could possibly be Service connected...from my Vietnam Days years ago falling off that truck?...they said no its hereditary ...I could get IMO but right now can't afford it

[broncovet]

Britton:

It will probably turn on your "nexus". Maybe, if your "regular VA doc" wont provide a nexus you could either:

1. Apply and, absent a nexus the VA may call for a C and P exam and you could even get lucky and the C and P doc provide said nexus, based upon the records and your testimony. Stranger things have happened.

2. If your current doc wont provide a nexus, you could try asking for another VA doc, who may/may not provide a nexus.

Since you said you cant afford an IMO (I definately get that!) then you have these two choices.