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What is considered a Duplicate claim if filing for increase

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ardodd

Question

My is I filed for Increase on my Service Connected Disabilities.

Service Connected Disabilities: 

Osteoarthritis Left Knee: 10%

Osteoarthritis Right Knee: 10%

Depressive Disorder: 70%

 

Claim:  

Increase Osteoarthritis Left Knee: 

Reason for Increase

1) Total Left Knee Replacement:

    A) Temporary Total Disability

    B) Umemployability

Secondary (New):

   A) Hip Condition

   B) Back Condition

Increase Osteoarthritis Right Knee:

Reason for increase

Secondary (New):

   A) Hip Condition

   B) Back Condition

   C) Ankle

 

My Question is will the VA consider this as Duplicate Claims?

Can the VA overrule and consider that the Secondary conditions are Bilateral and I can not make a Duplicate entry. I consider since both Knee's are rated at 10% because one is worser than the other.

My Left is the one that has been replaced and will be ( or should be rated differently ) rated  under replacement and not under plain Osteoarthritis. As a Secondary Condition I added Hip and Back Ankle as the Service Connected Disability has affected my healing. 

I asked for Increase or my Right Knee as it is not for ( Flexion - Extension - Pain ) all the 3 separate ratings possible under osteoarthritis. I then listed as Secondary Conditions ( Hip - Back - Ankle ) because although it would be considered a duplicate they are rated seperately.

Can I make them separate  conditions as my left side affects the left side of my hip and back from the Left Knee. And then the right side is differently because it affects the right ankle and hip and back differently on that side.

Can they be Rated Separately?

Or can the VA Deny them as Duplicates? 

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2 hours ago, EODCMC said:
  • TINNITUS (claimed as 2nd to L knee osteoarthritis) (Secondary)

That's a stretch.

That is kind of what I am questioning myself. As the VA seems to be deciding what is secondary and not. I did claim for Tinnitus, but it was not listed as secondary to left knee osteoarthritis. Not exactly sure how they come to that conclusion, as my ear is not connected to my knee.

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What exactly did you claim as an In Sevice cause of your Tinnitus Claim?

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I claimed Tinnitus because i was a Combat Engineer that dealt with explosives and around Heavy Equipment 90% of the time. I don't know how they decided to make it as secondary as it is not secondary to any condition or claimed condition.

19 hours ago, Gastone said:

What exactly did you claim as an In Sevice cause of your Tinnitus Claim?

I will look and see exactly what I claimed back in November. Then update.

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  • HadIt.com Elder
  • TINNITUS (claimed as 2nd to L knee osteoarthritis) (Secondary)

 This is a new one for me ? I   never heard that before? are you sure you read this Dr's report correct? 

 Some medications can cause tinnitus

Antibiotics, including polymyxin B, erythromycin, vancomycin and neomycin

Cancer medications, including mechlorethamine and vincristine

Water pills (diuretics), such as bumetanide, ethacrynic acid or furosemide

Quinine medications used for malaria or other health conditions

Certain antidepressants may worsen tinnitus

Aspirin taken in uncommonly high doses (usually 12 or more a day)

Risk factors

Anyone can experience tinnitus, but these factors may increase your risk:

Loud noise exposure. Prolonged exposure to loud noise can damage the tiny sensory hair cells in your ear that transmit sound to your brain. People who work in noisy environments — such as factory and construction workers, musicians, and soldiers — are particularly at risk.

Age. As you age, the number of functioning nerve fibers in your ears declines, possibly causing hearing problems often associated with tinnitus.

Gender. Men are more likely to experience tinnitus.

Smoking. Smokers have a higher risk of developing tinnitus.

Cardiovascular problems. Conditions that affect your blood flow, such as high blood pressure or narrowed arteries (atherosclerosis), can increase your risk of tinnitus.

Being around loud noise exposure while in the military is your key to S.C. TINNITUS as it has a 10% Rating  weather in one ear or both. 

Edited by Buck52
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  • HadIt.com Elder

ardodd

a quote from you

''Can I make them separate  conditions as my left side affects the left side of my hip and back from the Left Knee. And then the right side is differently because it affects the right ankle and hip and back differently on that side.''

We understand what your saying here   but

Normally we veterans supply the medical reports and the VA sorts it all out , we can't say what we want or say the cause or what its related to ect,,,ect,, thats speculation .....> A Dr needs to give his opinion on all medical jargon

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