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Filed For Increase And New Claim

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huskerfanfl

Question

I finally sent in the letter last week to file for an increase for my right knee (currently) at 10%, Lower Back (currently at 10% and now having to go to physical therapy because of the pain), left knee (has gotten worse since I retired 2 years ago, was rated at 0% then) and right ankle (currently 0% but swells up each time I walk more than 1/2 mile)

I also filed for anxiety/sepression which was diagnosed by a VA psychiatrist in Evansville who stated it was more than likely caused by my other disabilities.

Any advice on what I can do while I wait for the C & P examination(s)

Thanks,

Tim

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  • HadIt.com Elder

Husker

You have to realize that anything you tell the VA is probably going to be used against you. If you say you can walk half a mile without pain that is not good. Best to say nothing about what you can do but what you can't do. The VA can turn clear statements of disability on their heads.

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John,

Thank you for clarifying that. I never said that I did not have pain when I walk that half mile, then again I did not say I do have pain. So, the idea is to tell them that I have that pain and swelling.

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  • HadIt.com Elder

John is correct, and you should take that advice as gold as stated.

In my claim I had a L knee condition, that caused a L ankle conditon that caused a hip condition.

It was a domino effect over the years with surgeries..... you must conect the dots with medical opinions.

Also you may want to file for Arthritis of the joints, throw everything you can into the mix now, it will give you a better chance for a increase due to the VA lo-ball you will get.

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Big Al, I am not trying to get two conditions secondary to back. Left knee is more than likely due to the eay I walk because of the right knee and right hip bursitis.

Cavman, clever answer but not really a lot of help. That is the kind of response I would expect from the examiner at the C&P. The fact is at 47 years old, it is reasonable to be able to expect to wlak more than 1/2 mile, it is a limitation and effects my quality of life.

Jstacy, I appreciate the advice, but what I wrote addresses the area of range of motion, mobility, and endurance. It also happens to be the truth.

John is actually correct. I was just asking you to be careful. These VA personnel Know how to manipulate the claims in their favor. Remember one thing. The VA can also reduce the percentage of service connection if the condition is warranted.

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  • HadIt.com Elder

Husker

JR is giving good advice. I mean the VA will go back and take one sentence out of context to blow your claim away. I say this because they did it to me. Never say one positive thing about your disability. You are on the right track. Just get the medical opinions to tie it together and try and get into the pain management clinic. This way you can document your pain every time you see them. As a matter of fact every time you get a refill on your pain meds you have to fill out a pain questionaire. This is good evidence of disability and side effects of meds. Every time you go to the VA be sure to complain about your pain. I complain about my pain and depressive side effects every time I walk in the door. This goes right into your medical records. What you are trying to do is build a mountain of medical documentation to show you have increased disability.

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John is a firm believer on walking, although it hurts him and he has to stop several times for balance, dizziness, and back he will force himself to walk at least a half a mile. We live in a small town so he walks around town which is about a half mile. as he said if I don't use my legs I will lose them completely, he has DMII, PN also with back problems and the vertigo. We just seen his Dr. last week and he told the him that he walks at least twice a day. After reading this post I told him maybe he shouldn't tell the Dr. a half mile because at this point the Dr. does not know what to do for him, ( he also can not lift more than 10 lbs ) anyways he said I should quit taking him to the Dr. because they are not doing anything for him. Living in pain is not a quality of life, IT IS HELL! and it is time these Dr.'s understand that. At 58 he should be in his prime of life and basically he is stuck at home with nothing to do. And if you have PTSD the depression of not being able to do anything gets worse on a person also, and it sounds like VA is not considering that neither.

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