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Non service connected injury

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Anthony Thomas

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I currently have a back injury that happened while on active duty but, the VA claims it did not. I have documentation showing mechanical low back pain and have been denied on several compensation attempts. I had a slip and fall that was a result of my knee "locking up" and injuring my back again to the point where I need to have surgery. I need to know if the VA will compensate me for my recovery after surgery?

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Not likely - you're missing the vital component SERVICE CONNECTED.  You will have to get your back injury service connected  in order to be compensated.   You have been denied because you are missing one or two elements of the Caluza triangle (https://www.hadit.com/caluza-triangle-defines-necessary-service-connection/)

Here is more information regarding your question:   https://www.va.gov/disability/eligibility/special-claims/temporary-increase-after-surgery-or-cast/

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You need to appeal the denial of service connection.  When did Va deny it?  Was it within a year?  If it was over a year, then you need to start over, apply again, then try to fight the effective date later, if/when you get SC.  

That is, UNLESS you have CUE errors.  We dont know that until we review your file.  What were the reasons and bases the decision gave for denial?  

Chances are good that "new and relevant evidence" under 38 cfr 3.156 may solve your problem especially if, you find out VA denied you because there was no record of your in service event, AND you provide service records that demonstrate you did have an inservice event.  

You will also need a diagnosis and a nexus for SC.  

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