What is considered a Duplicate claim if filing for increase

[ardodd]

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? 

[ardodd]

4 minutes ago, Buck52 said:

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

Thank you Buck....

You are 100% Correct. Not one of us can predict what any RO or DRO will do or should do. We can only speculate and hope for the best outcome possible on any Claim. Just because it was approved or denied by one RO or DRO does not mean that it applies to my situation or others situation.

All I can do is convey any communications or letters from the VA. And post them when I have more questions.

Thank you all for your Helpful Advice and Tips..

[Balls_B]

Good advice from Buck52 and good listening by ardodd. As much as we’d all like favorable decisions, we need to keep the basics in mind. Talk to and trust your doctor or get a second opinion. If your examiner was mindful, he made a note on the different areas of pain and the source. Very good discussion for me as I study for accreditation.