Input needed

[Farmer2188]

Good morning.  I first appreciate this site and have been a long time follower, first time poster.  To start things off, I'll mention that I had a C&P exam for my back and hip, along with depression/sleep concerns.

In September 2019, I was rated for severe depression secondary to my compartment syndrome/nerve/muscle damage ( L leg).  However, my back and hip were denied.  I am and have been seen for my back and hip since January 2019. I have been referred out to Chiro for 26+ appointments plus a few adjustments on my on dime. The provider that conducted my C&P Exam thought that my labrum in my right hip.  I consulted with my PCP and have MRI's later on this month in addition to an evaluation with a private doctor who was a flight surgeon.  After these tests and evals are completed, would the best route be submitting a NOD? Do I really need a lawyer?

Also, I recently read a post on here about a Veteran requesting and reviewing his military service records and seeing conditions that were not included in his initial C&P Exams and didn't know about it until he read the record himself and submitted a claim for them.  I'm in the same boat. There are two conditions in mine that would provide more rationale about me connecting my hip and back pain to my leg (These two are ankle impingement and Chondromalacia.) Can I submit this evidence?  

This is obviously just a starting point in the conversation and would appreciate any advice/questions.  Thanks!

[vetquest]

If you are getting an evaluation by a former flight surgeon I would request he write up a DBQ for your hip and back.  If he will not, many doctors do not want to get involved with the VA, see about getting one from your regular doctor.  If they do you are great, if not you need to start looking at an IMO.   You need an in-service injury or medical report, current disability, and a nexus between the two.   If you submit a supplemental appeal you do not need a lawyer, just evidence in the form of DBQ's or an IMO.  If you are denied at the level of the supplemental you probably need a lawyer.  Talk to a few good veterans lawyers and see if they will take your case.  If they take your case they think they can win.  We do not use NOD's any more, they were part of the old system. Submit any evidence that you think might help your case, they should look at it and consider it.

Is this all within a year of discharge?  If so there are some other considerations.  Anything that arises within a year of EAS is considered service connected or at least supposed to be.

This journey is long and complicated and frustrating.  Do not give up.  That is what they want you to do.

Can you post your denial here with personal information redacted?  That would give us more to give advice on.

[Farmer2188]

The flight surgeon is a private practice doctor currently and who was my doctor before the military. 

I had a Dr’s appointment last week by the VA and my provider there said that if worst comes to worst he will do a DBQ and nexus. In the mean time, he is documenting my care “very well/in my favor”. 

I’ve been out for three years. The PA I saw who conducted my C&P exam stated that she believes my right hip labrum is torn but believes it wasn’t related to my left knee and leg. 

I’ll work on getting the denial letter together. Do you mind if I message you that info?

Edited January 6, 2020 by Farmer2188
Grammar

[broncovet]

You need to apply for all the conditions you think could be service connected..sooner is better than later.  Today is Jan. 6, if you wait until Jan. 31, then your retro will be "one month" less.  I dont know what you will be rated, but if you are 100 percent, then each month delay in filing costs about 3000.00 dollars.  How many months of 3000 per month do you want to throw away?  For me, the answer is zero, so I suggest filing now.  Today.  

You need to "get over" the unfavorable C and p exam.  Private docs (IMO/IME) are a good way to refute unfavorable evidence.  

Vetquest is a competent helper.  He is smart.  

[ShrekTheTank]

bronco and Vetquest are right on for this!

Another piece, it sounds like this could take an appeal. Make sure you file everything within the time frame they give you or all this work is for nothing!  The VA loves to give us time frames, but gives themselves guidelines they never follow.

Most of us here have had a bad C&P exam as they do work basically for the VA.  

Also you can start your claim today on Ebenefits and it gives you a year to finish and keeps your date as today!

[Farmer2188]

Thank you bronco and Shrek. I have filed all claims that I am having trouble with. I am over and am "Ok" with the exam and I have been getting the evidence that is needed.

I have spoken with a few lawyers that were recommended by VAWatchdog. The lawyers wanted to ensure that my MRI's show evidence of what I feel and a Doctors exam/Nexus linking my hip to my compartment syndrome and nerve/muscle damage.

To file an appeal for my back/hip, what's the best way? In a response above, NOD's are no longer? Should I open my claim back up? HLR? This is my first time appealing. Thank you for your help.

[paulstrgn]

3 hours ago, shrekthetank1 said:

you can start your claim today on Ebenefits and it gives you a year to finish and keeps your date as today!

This will give you an earlier effective date.