Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Mike Nelson

Independant medical records beyond statute of limitations

Question

I received my injuries in 1971, knees, shoulders, but finished my service and separated in 1973.  During my service time I went to dispensary twice for my pain, but got NSAID and sent back to work.  I didn't think anything of it at the time being only 19.  Shortly after separation, 3 months, I ended up in the ER with severe shoulder pain.  This ended up being a string of ER visits that lasted a couple of years.  I had no idea about going to a VA clinic and had heard horror stories about Heinz Hospital in Chicago anyway.  I had plenty of reasons to avoid anything Army at the time so thought never occurred to me beyond just making my pain stop.  To make a long story short, I sucked it up and either lived with it or sought ER care.  In 2010 I had my 12th orthopedic surgery, 3 on left knee, 1 on right knee, 3 on left shoulder, 5 on right.  I've had my left knee replaced and right shoulder and right knee are pending.  I still have a dependent child so I began to realize that I might not be able to support her if I can't work, so 'bit the bullet' and sought VA advice.

I filed a claim for disability which was denied in 2012 and appealed it twice and finally was awarded 20% in 2015 for my knees only.  They denied the shoulder injuries because they said the records were silent for continued care.  There are only the two little pieces of paper from the dispensary stating that I presented with shoulder pain, (no treatment note), the claim was filed so late that the medical records from the various ER's and orthopedists are long since destroyed, far past the statute of limitations.  The earlier surgeries on my shoulders used a technique called 'Putti-plat' repair which was made obsolete in the early '80's and this was noted in the examinations of both the VA doctor and IME.  

The AOJ in my interview granted that my story was 'compelling' but that the medical records were 'silent' in regards to continued chronicity of shoulder problems.  Luckily, my knees were bad enough that there was plenty of evidence to support that portion of the claim even though it took three tries at it.

First question is of course, Should I just give up and keep going?  The VA now wants to schedule a total right knee and right shoulder replacement.  I have rehabbed my shoulders so many times I just don't think I've got another one in me, and I will have to retire.

Second question is should I appeal and ask to move the effective date for my 20% earlier, like back to 1973?

If I appeal the shoulder issue again, what should I do to make it work?

Thanks, Mike Nelson

Share this post


Link to post
Share on other sites

1 answer to this question

Recommended Posts

  • 0

Similar situation for my husband. We got a piece of paper from the Baumholder clinic, but only stated seen for sutures due to cut, no details published and no x ray reports on the head wack that happened when he recoiled from nearly severing his right index finger on the tank cables and hit the hatch, Still believe that blow caused the formation of a dural arteriovenous fistula, that years later ruptured due to hypertension he developed in service thanks to the herbicides, insecticides, and diesel he was breathing all the time un protected. We got blank health record forms they had in his file but didnt complete. We had a hard time finding any records for him that far back but did get one from an employment exam he has right after service and then many record from private docs since 1998. His stroke was in 2008. Still waiting too. But you night be able to find records from that far back if you had insurance policies you applied for or an employers pre employment physical. Worth a try.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines