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To file an increase or not?

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SpinningWheelsInIndy

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My knee is currently rated SC 0% and is under appeal. Originally filed in 2012 granted in 2014 been under appeal since 2015. However my knee has gotten worse and since my last C&P exam in 2013. My questions are should I file on the increase while the original claim is under appeal? And if I did would that hurt my appeal?

 

 

 

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That an interesting question.  How has your knee gotten worse?  Do you have medical info to substantiate that?  New diagnosis, x-rays, MRI etc...?

I would think that if you ask for an increase and win it, it would strengthen your appeal. 

I have yet to appeal anything, so this is just a gut reaction.

I'd wait for more experienced thoughts on this.

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A knee is a joint.  10% for arthritis by x-ray, anything higher, by Range of Motion (almost always).

You were rated 0.  Why?  Post your reasons for the rating that they gave you.

What are you appealing?

What will you be basing your request for increase on?

I requested and got a increase in my shoulder, originallly 10%, tendinitis and or arthritis (10 each, but only 10 total), then a year later increased to 20% because of Range of Motion.

Anyway, 10 for xray, 20+ for ROM,

Hamslice

PS, I will/would not submit any claim (new or increase) while I had any activity on-going. Just mucks it up.  The VA will use any excuse possible to reroute your claim to the back of the warehouse. Just saying..

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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Here is what the VA said in regards to my R  Knee. My appeal is for an increase to my original 0% increase to 10%. i want to file an increase due to knee instability, and increased painful ROM, and decreased ROM. (begin PT this week) 

 

Ham slice,

You stated you would not submit a new/increase while there were items on appeal. Is that in general or specific to the appeal in progress? I mean you would not file anything new on the items you have on current appeal? or you would not file anything at all new or otherwise while you have items on appeal? I ask because in currently getting a new FDC together to submit that is not related to my appeal.

 

 

 

 

 

 

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Va is an expert at "mucking up" our claim, whether we file an increase or not.  This forum is full of VA mucking up our claims, and only a fraction of those are when we file an increase.   While its true you dont need to give 
Va an excuse to muck up your claim, I think you should file for the increase.  Reasons:

1.  Consider the outcomes.  If your appeal is denied, then you could still win an increase.  

2.  If your appeal is awarded, then you may get an earlier date, with the increase. 

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jmo

I agree with broncovet   if you go ahead and file  for increase...you take a chance on the VA to decide your current appeal and also recieve the increase...so I'd file asap  get that EED Started.

get your evidence in that supports your increase what the last Dr, mention about your knee/knee's

File this both ways  through ebenny's and return receipt snail mail...keep all copies& make copies off the internet  via ebenny's.

If VA is gonna Muck it up they will  so why not give it your best shot!

jmo

................Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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