Bbe Came Yesterday!

[Gastone]

Eric: Me thinks it's time for you to give serious consideration to boarding the VA Appeals Train. Looked back at your previous posts, don't see where you ever NOD'd an Award/Denial, right. It's not unusual for Vets to get an initial Low Ball rating as you can see from what other Vets on HADIT report. Did you always agree with the SC% awarded? You filed for a number of increases, was this based on what you thought you should have been awarded initially or did the conditions actually worsen?

Give serious thought to NODing any of your Awards/Denialsl that are within the (1 Year) period after the Decision, to file the NOD. I recommend the DRO Personal Hearing because it worked for me. It took 4 yrs for the hearing to take place but it was the first time I had had a face to face with anyone from the VA Rating Dept.

As for your contentions, I think your conditions are primarily DX'd by Xrays and Range of Motion reports, never had a joint problem myself. It all comes down to the quality of your evidence. Get a couple of NON VA Dr opinions, not necessarily the Expensive IMO's. It might cost a couple $100 per Dr but some IMO's can be $1000.00+ and the outcome isn't guaranteed. All you need is a Certified Expert to put in his clinician Notes that "more likely than not or at least as likely as not" and that should give you the VA's Veterans Benefit of Doubt Award.

Semper Fi

Gastone

[ArNG11]

I agree with Gastone. You got your foot in the door and you have a VA doc that is at least willing to be of some help. That is grand news. It's best to get opinions from Doc who practice in the specialty of your injury, gives it more weight. Also be sure that at one point or another he references your military records otherwise that will cause problems down the road. I am happy for you. You got more than I did my first go at it.

[silverdollar22]

Thanks gastone first,

I do agree with you on some of your points, and at my last C&P i know my range of motion was only 30 degrees, but according to what I saw at the sro's office the QTC doc put it at 60 degrees and might i add without any mesurements other than eyeing it from across the room. The last time in 2011 during that c&p i fought thru the pain and went probably 90 degrees not knowing to stop at the pain. So i could nod on that account. But to be honest i am just glad to get the increase. From 10% to 20% Also my right knee was denied last time (2011) because i would have to guess, that the va doc said it wasn't connected to my left knee and back which this time i guess the QTC doc said it was (ONLY DIFFERENCE). My right was diagnosed with damage in 2011 so that was not an issue in their decision. Could that be a cue?

ArNg11,

I guess i do have a good Doc at the va because she does seem to care about me. I could try to get another referal to the neurologist and get him to do a DBQ on my back issues. I still have another claim looming in the future after this one is complete. My depression is pretty bad so who knows what will happen with that! I'll just leave it in the lords hands! He's been very good to us and always comes thru when we need it! And another point is, I don't think a could take another 4 years of this CRAP!!!!

Thanks for all the GREAT advice as always,

Eric

Edited January 25, 2015 by silverdollar22

[LIL-ROB]

I'm in the same boat as you.3 surgeries later without an increase.Neuro said failed back surgery.

[silverdollar22]

LiL-ROB,

Sorry to hear that but Please, take the advice from everyone here. Study this forum and the Va regulations on your problems! Ask question and find the answers and then submit your claim. Don't submit the claim first then ask questions like i did the first time. IT won't work in your behalf. Honest bud!

[LIL-ROB]

Sure will..