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EED of Muscle Injury


awgv001
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Hey guys! It's me again!

Hope you are all as healthy as possible, with all this 'Rona stuff going on, and people/neighbors nearby me are behaving rather erratically. I understand their frustrations and fears.

Anyhow,

I very recently filed a claim of muscle injury (left arm) - I only had SC for the ulnar nerve damage and left wrist "strain" upon exiting service, while the documented muscle injury/atrophy etc was not part of the original claim, but a factor OF it.

Also despite my left arm issues - I don't have any claim filed or SC'd for bilateral factors currently other than left/right neuropathy because of back surgery and sciatic issues, however I use my right arm to compensate a lot of the time and I'm concerned about how that will effect me in the future. Though I'm fairly young now, I don't want to leave any stone un-turned as I know that it won't last long in my current state.

Now, short backstory - let me know if anyone needs more details please.

In 2010 I had ulnar nerve decompression surgery - which caused further issues with my wrist (also SC'd upon exit), but I mainly want to focus on the muscle injury itself It was unclaimed though it was obviously due to the surgery that was performed that left most of my arm atrophied, weak, and numb and/or tingly (Ulnar nerve issues greatly impair grip strength etc. This is thoroughly documented throughout my STR's as I had spent roughly a year or so doing physical therapy and everything under the sun to restore as much of my arm as possible. I don't have limited ROM for fingers or SC for any finger issues so that wouldn't warrant a rating other than 0% despite numbness, weakness, and tingling, though if they develop problems I "think" I should file...something - That way it won't be a SC issue and instead just an increase of rating, right?

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I posted a guide on effective dates, here: 

You posted:

Quote

I very recently filed a claim of muscle injury (left arm) - I only had SC for the ulnar nerve damage and left wrist "strain" upon exiting service, while the documented muscle injury/atrophy etc was not part of the original claim, but a factor OF it.

Ok, so you filed a new claim, and you allege this was a "factor" from your currently sc injury. 

Two things here:

1.  If you are trying to get an EED on ulnar nerve damage, or on the injury/atropy, and this was not a sypmtom of your original claim you should file a NOD.  Since its aparently outs ide of the appeal period, and you did not appeal, it limits your choices.  

2.  If you are trying to get SECONDARY SC of atrophy or ulnar nerve damage, well submit that claim.  

      A "factor of it" sounds like you either consider it secondary to your SC, or its a symptom, and your rating should have included that as a symptom.  

      If you seeks secondary SC, then your doctor has to opine that (your diagnosis, such as ulnar nerve damage) was "at least as likely as not" related to your SC condiion(s).  In other words, you dont need all 3 caluza elments for secondary sc, the "in service event" is assumed because you are already sc.  

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