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How do I make a new claim for hip replacement(s)

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How do I proceed on filling a new claim for hip replacement(s)?

  • Retired in 2010
  • BENEFIT SOUGHT:
        Background - NEW - Service connection for chronic bilateral primary osteoarthritis of hip with a complex labrum tear (Right side).

  • Was diagnosed with chronic bilateral primary osteoarthritis of hip with a complex labrum tear (right side, with moderate right and severe left degenerative changes of the hip. Evidenced by bony proliferative changes and subchondral sclerosis. Right, lateral, femoral head neck junction subcortical cyst, 8 mm in size (Radiology Reports).
  • Served 24 years and 1 month(DD Form 214)in my military occupational specialty as a Postal Specialist(8M00). The DoD 4525.6-M list the physical qualification to be selected and maintained into this occupational specialty.C5.3.2.7. state that the personal cannot have permanent physical restrictions prohibiting duty involving prolonged standing, walking, or lifting of weights up to 70 pounds (DOD 4525.6-M Extract).
  • Due to the nature of my job, daily significant physical stress was placed upon my body staining my lower extremities.

                 -Loading and unloading 20/40 foot mail trailers(bending, lifting, and            stacking)containing  mail pouches boxes as well as loose items without a conveyor belt.
                - Loading and unloading (bending, lifting, and stacking)commercial air craft cargo containers.

  • Radiology Reports
    • Starting in Nov 2015 - Sept 2018 - Shows a advance degeneration of the hip(s).
    • Nov 2017 - MRI was performed , found complex tear of the anterosuperior labrum
    • Dec 2017 - Hip Injection of Steroid.
  • Treatments (Prior to hip replacement)
    • Physical Therarpy
    • Medications (Anti-Inflammatory, pain)
    • Steroid Injection
  • Total Hip Replacement was done  in Oct 2018 and Jan 2019.
  • A NEW - Service connection for chronic bilateral primary osteoarthritis of hip with a complex labrum tear (Right side) WAS NOT done due to the fact that I had the THR(s) done prior to obtaining all the documents needed to be filled.
  • I do not have any thing listed on my VA Physical Examination on the Labrum tear and or  for degenerative hip(s).
  •  I was only checked for ROM in the joints, no X-rays were done, other than for Lumbar tendonitist (which was not granted) 
  • Can I make a NEW CLAIM for the HIP Replacement(s)

 

 

 

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Yes, you can make a new claim!  Whether or not you will win depends on the following:

Do you have:

1.  Current diagnosis of osteoarthritis of the hips.

2.  documentation of an in service event which caused your current diagnosis. 

3.  Doctor who opined your osteoarthritis of the hips, which requires replacement, is at least as likely as not due to your in service event.  

OR

Do you have a doctor who will/did opine that your osteoarthritis of the hips (requiring replacement) is at least as likely as not due to one or more of your currently SC conditions.  

     If you have this, you should win.  Without those, you probably wont win.  

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I would go on Ebenefits and file the claim.  Get the ball rolling.  You will need a Nexus from your doctor stating when it started and how your military service made it worse.  It only takes about 25 to 30 minutes and you can add to the claim if you are waiting on any evidence to add.

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1.  Current diagnosis of osteoarthritis of the hips.

  • Prior to the Total Hip Replacement , I had a diagnosis of osteoarthritis. The replacement "fixed" the osteoarthritis and complex tear of the anterosuperior labrum

2.  Documentation of an in service event which caused your current diagnosis. 

  • No documentation of a service event, only document would be in my job as working in Postal Operations and that  state that the personal cannot have permanent physical restrictions prohibiting duty involving prolonged standing, walking, or lifting of weights up to 70 pounds (DOD Directive).  The nature of my job, daily significant physical stress was placed upon my body staining my lower extremities.
  • On my VA examination I put in for back issues, but was denied...prior to my THR I did research and found out that "hip issues" can be misidentified as back issues.

3.  Doctor who opined your osteoarthritis of the hips, which requires replacement, is at least as likely as not due to your in service event. 

  •  Yes, my doctor who did opine that your osteoarthritis of the hips (requiring replacement) is at least as likely as not due to my job (and will do a NEXUS Letter), however she can not say due to one or more of your currently SC conditions as there is none to associate it with.  

So when I go to file for a NEW Claim, what will I be filling for (this is my confusion).

  1. Osteoarthritis with Complex Tear of the anterosuperior labrum (or)
  2. Total Hip Replacement

 

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