Secondary condition question

[LauraB]

I received a letter from my Ortho doc, the one I had asked to write a Nexus letter stating that my left knee condition is due to overuse of my right knee, which is 30% S/C. He stated in the letter that it was Not connected due to looking over my charts, it is noted that I injured the left knee while playing tennis...I tore my meniscus , don't remember if it was playing tennis or getting up from a chair, but this all did not start until AFTER I started having surgeries on the S/C right knee...What I am trying to get at is : even if I had an injury to the NON S/C knee and then began having multiple surgeries, ending up with a TKR on the right knee, the NON S/C knee kept getting worse..I ended up with 3 scopes and a TKR. I have a doctor that states the reason for the NON TKR is due to over use of the TKR S/C....is there a way I can state that? I am a bit confused! Thank you!

[broncovet]

The only way to refute an adverse medical opinion, is with a favorable medical opinion.  

So, you can try these things:

1.  Explain it to the doc and ask him to change it.  

2.  Get another VA doc to refute it.

3.  Get an IME/IMO.  

    In other words, if you dont agree with what the doc said, you can write letters until the cows come home, but, unless another doc refutes what he says, you dont get compensated.  

 

Edited July 13, 2016 by broncovet

[Fat]

EXCELLENT ADVISE....

[Buck52]

Secondary Claim

These are claims for disabilities that developed as a result of or were worsened by another service-connected condition. In other words, it is recognized that a service-connected disability may cause a second disability. This second disability may not otherwise be considered service-connected.

Example 1

A Veteran has a service-connected knee injury that causes him to walk with a limp. He subsequently develops arthritis in his hip. Although the arthritic condition was not incurred during or aggravated by service, service-connection may still be established if the arthritis is a result of his knee condition.

Example 2

A Veteran was in the Army for twenty years. During her military service, she was diagnosed with hypertension. After her discharge, service-connection was established for hypertension. She was subsequently diagnosed with a heart condition. Service-connection for her heart condition may be established as secondary to the hypertension.

[Buck52]

 Also Proven medical rationale to medical fact by research.

Research this and find the nexus between your S.C. disability and the secondary disability it causes, use  university studies to show why you think the secondary should be awarded.

 State your References :

As broncovet mention a Qualified Dr Is the Norm , but any evidence you can get submit it...if they read  this will also help.

I used a  Legal References in one of my claims  without a Dr Rational nexus  and the VA  Consider it 

jmo

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

Edited July 16, 2016 by Buck52