Fat Posted February 26, 2015 Share Posted February 26, 2015 If you start a claim (service connection due to injury); however realize the claim should be Aggravation of Pre-Existing Condition. Can you change the type of claim during the NOD or the VBA. My left knee (non service connected) was cited for problems during the entrance physical. I had an episode of laxity, soreness, and weakness for three weeks during my military career. Everything is documented in SMR's. I recently had a MRI which diagnosed tendinosis (chronic breakdown of tissues, tendons, fibers etc). Can I change the claim mid stream or do I have to identify the claim as a Aggravation of pre-existing condition in the beginning. Link to comment Share on other sites More sharing options...
0 ketchup56 Posted February 26, 2015 Share Posted February 26, 2015 Don't change the claim if it wasn't recently filed as to not lose the effective date if awarded. What I did on my aggravation claim was I submitted my entrance exam sf 88 as evidence of the pre existing condition. You can do this by sending that form sf 88 along with an va form 21-4138 stating this is for aggravation of your present claim of aggravation. Do you have what happened during military service that aggravated your condition? If so vba has an onerous burden to rebut the presumption of aggravation. Is your condition considered chronic now? Link to comment Share on other sites More sharing options...
0 Navy04 Posted February 26, 2015 Share Posted February 26, 2015 Great advice given by ketchup. No sense in trying to stir the pot now, just ride it out bud. Good luck 100% PTSD 100% Back 60% Bladder Issues 50% Migraines 30% Crohn's Disease 30% R Shoulder 20% Radiculopathy, Left lower 10% Radiculopathy, Right lower 10% L Knee 10% R Knee Surgery 2005&2007 10% Asthma 10% Tinnitus 10% Damage of Cranial Nerve II 10% Scars SMC S SMC K OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Philip Rogers Posted February 26, 2015 HadIt.com Elder Share Posted February 26, 2015 They accepted you the way you were, so they're responsible - period! pr Link to comment Share on other sites More sharing options...
0 georgiapapa Posted February 26, 2015 Share Posted February 26, 2015 Fat, For info on "Rating of Disabilities Aggravated by Active Service", Google 38 CFR part 4.22. GP Link to comment Share on other sites More sharing options...
0 VetlawUS Posted March 10, 2015 Share Posted March 10, 2015 NEVER change the claim ... just add the additional theory of service connection to the existing claim. When you start using words like "change", the VA starts to hear "withdraw", and then your claim goes into the deep dark hole in the bottom of the Winston Salem Regional Office. The best approach is to assert ALL bases for service connection in your original claim - there are 5 Paths to Service Connection. Read about the 5 Paths to Service Connection on the Veterans Law Blog: Service Connection is like a Bridge.... Link to comment Share on other sites More sharing options...
Question
Fat
If you start a claim (service connection due to injury); however realize the claim should be Aggravation of Pre-Existing Condition.
Can you change the type of claim during the NOD or the VBA.
My left knee (non service connected) was cited for problems during the entrance physical.
I had an episode of laxity, soreness, and weakness for three weeks during my military career.
Everything is documented in SMR's.
I recently had a MRI which diagnosed tendinosis (chronic breakdown of tissues, tendons, fibers etc).
Can I change the claim mid stream or do I have to identify the claim as a Aggravation of pre-existing condition in the beginning.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Feb 26
5
Mar 10
1
Top Posters For This Question
Philip Rogers 1 post
ketchup56 1 post
Navy04 1 post
Fat 1 post
Popular Days
Feb 26 2015
5 posts
Mar 10 2015
1 post
5 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now