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I submitted a follow on claim four years after my initial claim for worsening conditions. I got a notification (accidentally) from QTM to schedule two C&P exams about 30 miles in opposite directions. I live in NYC. Being an 8D, I checked out the doctors. For PTSD, I was assigned a child psychologist. For my back and ankles, I was assigned a nurse practitioner with no specialized experience in osteopathic or neurologic disorders. I cancelled all the appointments and call the VA. I asked to have my C&P exams conducted only at a VA facility near me. Chad, the nice VA guy said he would change my preference but it would take longer to get my C&P exam. I am at 90% and want professionals in the fields for which I am being prodded. Was this a good or bad move? Thanks to all of you and mostly T-Bird.
I was rated 20% for my shoulder due to many dislocations and 10% for cervical strain. I applied for lower back condition thru the DAV. It was denied because they stated the scoliosis I have is not service related. I appealed and asked for a hearing.
Since I didn't mention scoliosis in the claim I'm not sure why that is all that they looked at. I've had a back Xray which showed
"2. Mild anterior endplate spurring, with disc heights maintained.
3. Thoracic dextroscoliosis, measuring 22 degrees"
Which I'm told is indicative of degenerative disc disease and/or arthritis. However, I don't have any in service medical treatment records for my back because I never complained due to fear of losing my flight status as a pilot.
I'm being seen by a private sector doctor and getting facet joint injections and medial branch block. How should I appeal this?
Should I get a nexus letter stating the arthritis was caused by my service on active duty as a pilot? Or should I ask the doctor to tie my lower back condition in as a secondary condition to cervical strain or shoulder problems?
By Wise Guy
I submitted my supplemental claim 3 days ago for the following diagnosis with evidence:
- Flat Feet (Primary) - Bilateral Plantar Fasciitis (Secondary) - Bilateral Pronation to mid and rear foot (Secondary)
- Intra-articular Hip Pain (Primary) - Femoroacetabular Impingement (Secondary) - Right Adductor Groin Pain (Tertiary) - Athletic Pubalgia (Tertiary) - Osteitis Pubis (Tertiary)
- Right Knee Pain
- Low Back Pain
- Left Tennis Elbow - Bilateral Tinnitus
The VA updated va.gov 2 days ago with these pending diagnosis:
- Impairment of femur
- Limitation of leg motion (flexion)
- Lumbosacral or cervical strain
- Limitation of forearm motion (flexion)
Through my own insurance, for all of the injuries listed in the first group of injuries above, I got doctors to diagnose me with them and they added, "More than 51% probable that the injuries occurred during military service" since the same injuries got denied in the past. I used those evidences to file my supplemental claim. I called the VA today to request for them to change what they put back to how I had it. The missing items like "Pronation", I had them annotate where to find the diagnosis on the doctors notes so that they can add it. I think they overlooked it. They also left out my right adductor pain. For the hip injury, it's not just, "Impairment of femur" as they put it. Why did they do this? Are they trying to gyp me? Why didn't they annotate the secondaries and the tertiaries like I annotated it? Instead of "Right Knee Pain" they put "Limitation of leg motion (flexion)". For "Low Back Pain" they put "Lumbosacral of Cervical Strain." For "Left Tennis Elbow" they put "Limitation of forearm motion (flexion)". Are they trying to gyp me or did I make the mistake of calling them asking them to change it back to how I had it?
I have issues with my knees, but only service records showing the bunion I got while in along with foot pains. I recently put in a claim for my knees but the way the c&p doctor acted around me makes me think that it is going to be denied. I did not have any service records showing issues with my knees.
My examine during processing when I went in shows that I had moderate pes planus that was asymptomatic. I did not have any bunions. I went in when I was 17, and was out before I turned 21. My wife, and others have said that my knee issues has to be due to my horrible gait, and over pronation. The bunion I have on one foot would constantly bleed from all the road marches, and fun boot PT. I got it checked out while I was in, but was told I would need to re-up to get it operated on due to not having >6 months left. I have service records showing my bunion was at 45 degrees . I would say my feet are more of the severe category now.
This past C&p exam has made me think now that I have to have lots of records showing feet issues to even attempt to make a claim. I haven't tried any treatment for my feet since leaving the service, because my knees have been the only issues. I plan on waiting for my knee denial before filing this claim if I do.
Does anyone have any experience similar to this? I have researched the heck out of this, because I thought if it showed my feet were "moderate" flat feet when I went in then why try to claim flat feet. I have seen cases where people had this and won their appeal due to the examine said their feet were asymptomatic, and not causing pain before. Is it worth it to get an attorney to help show the relationship between feet, and knees if its possible? Thanks for any help.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,