Top Stinger

[Top Stinger]

I submitted a claim for bilateral hip and back pain and was denied because nothing was documented in my SMR.  My personal doctor wrote a letter stated that it was least 50 % at least as likely as not the that the hip and back pain/problems came from my serviced connected disabilities for my knees and feet in which I receive 10 % for each knee and 10 % for bilateral foot pain.  I later had 2 doctors and VA physical therapist tell me that the pain in my right hip pain comes from the myositis officans in my right thigh.  I submitted this as new evidence and the claim was denied again.  This claim is 5 years old an was reopened an denied again this year.  I do not want to lose the possibility of back pay on my claim.  I need some advice.  Do I need to just file a new claim for myositis officans of the right thigh and see if I can get that approve.  If that is approved can I use it to reopen the claim for my hip.

[broncovet]

You want to file a NOD within one year of the RO decision in order to preserve your effective date. 

It sounds like you have the nexus.  You have to have all 3:

1.  Current diagnosis

2.  Documentation of in service event or aggravation.

3.  Nexus or link between the two.

 

If you have a current diagnosis, then you need to focus on Number 2, above.  Were you seen by a doc in the military for this, and what were the reasons and bases for denial?  

[Top Stinger]

Sorry I forgot to mentioned that I pulled a muscle in my right thigh 3 times while in the military and was seen at sick call all 3 times and it is documented in my SMR and 2 doctors now say this is what cause the myositis officans that causes the pain in my right hip.  I will need to look back at the denial letters to get the bases for denial