Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Connecting Hip issue service

Rate this question


USMCVMO

Question

Hi All -

I have been out since 1995 - I am at 70% due to medical discharge with my back and related issues.  Over the last 8-10 years I have had hip discomfort and has got really bad.  I saw a hip specialist who looked at the MRI.  He said at my age my hip joint has way more wear and tear than it should at my age.  Its bone against bone and I am getting injections to treat.   He said he normally sees this condition in marathon runners.  I am by no means a runner.  I have a desk job.  I did play rugby and soccer in the marines and general PT of course.  I cant explain this wear and tear other than those activities. I have not played any sports after getting out.  Does anyone think this could be connected if I put in a claim?   I have included the MRI notes.Capture.thumb.PNG.a24fa20ba948c71f1ebb3efde2b67f23.PNG

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Moderator

You need an "in service event" which may or may not include "medical treatment".  Last I checked its not against the law to have an "in service event" and not get treated for it.  Please allow an example:

Paratroopers.  They jump out of an airplane (in service event).  They may or may not go to the doctor, but injuries to the knees or feet are common.  This is especially true if you have multiple jumps.  You can be service connected for knee issues after service, even if you were never treated in service.  Treatment in service is not one of the Caluza elements.  While treatment in servce can document an event in service, its not the only way. 

Another example is PTSD.  Its not unusual for a troop to suffer an "in service PTSD event" and never get treated for it, sometimes, for decades, after service.  This does not mean you can not get sc, it means you need the Caluza elements for SC. 

    "Buddy letters" often work to document an "event in service".  While your "buddy" probably can not document a medical condition, he is competent to describe an in service event, for example, he may have seen you get punched in the face, or he may have been present when a bomb blew up near you, that could have damaged your ears permanently, even tho you may not have realized it at the time.   A doctor or medical professional opinion is required for current diagnosis, and it also required for a nexus.  But, a doctor probably was not there to see whether or not a bomb blew up near you in service, but your buddy was.  Your friend is competent to describe a bomb blowing up, he is not competent to diagnose your PTSD, and he is not compentent to link (provide a nexus) that links your explosion in service, to PTSD.  To reiterate:  Get a doctor to diagnose you.  Your buddy cant.  Get a doctor to provide a nexus.  Your buddy cant.  But your buddy can report that he saw a bomb blow up near you.  That does not require a medical degree to describe a bomb going off. 

    Always, always, always, stick to the Caluza Elements (aka Caluza Triangle) in Caluza vs Brown.  If you appeal it to the board, the board will check to see if your Caluza elements are documented, they award, if they are not documented, they deny.  Its like a DNA test, documentation of Caluza elements should always result in SC, and lack of one or more Caluza elements will usually mean a denial. 

Edited by broncovet
Link to comment
Share on other sites

  • 0

I do agree with Bronco vet. You must get all 3 elements for a direct sc( 2 if you are claiming it as secondary). Make the VA raters earn your tax dollars. On all of my claims that I have put in, I claimed it as direct service connected as well as to secondary as to all of my serviced connected disabilities.  VA will try to deny it one way but never considered it the other way.

USMC stated that his ratings were 70%. (20 left sciatic, 20 right sciatic, 20 for spine). With the VA math, something just isn't adding up. Does not equal to 70%.

Yes, claim the hip if you have met all of the elements for Direct SC (2 for secondary). As I recommended earlier, USMC need to go through his medical records, try to find something in his records that will make his claim worthwhile.

Lets just say that USMC just concentrate on just the hip claim. He states that he is at 70% right now. The VA rater grants him bilateral hip at 10% each hip. That will put him to 80%. The needle have moved just a little. If you are going to put in a claim, make it worthwhile. 

Keep reading this site and you will learn lots.

Link to comment
Share on other sites

  • 0

I met with my ortho today.  He is a big supporter of vets and has worked at two VA facilities before starting his private practice. He said connecting the hip to the back is going to be extremely difficult.  I asked about altered gate etc and he said medically he couldn't write even a 50/50 chance.   He did say if the hip was the connected item then its easy to connect back pain to that.  I could tell he was having a hard time saying no to me.   With this said, I have no in service event other than I did play rugby for the Lejeune team and got beat up pretty bad but no specific sick call visits for hip.  Do you guys still think this is worth pursuing?

Link to comment
Share on other sites

  • 0
On 10/25/2020 at 11:39 AM, AllTheWay said:

 

USMC stated that his ratings were 70%. (20 left sciatic, 20 right sciatic, 20 for spine). With the VA math, something just isn't adding up. Does not equal to 70%.

 

You are right - I have a secondary depressive disorder connected to the back.  

Link to comment
Share on other sites

  • 0

USMCVMO you had stated that you were on a rugby team, and I know that Marines work and play hard. Do you remember the guys on your team? Do you have Facebook? I would try to contact the guys on the team and write a buddy statement. As far as an IMO, I would try to get a second opinion even if it cost. You have served in combat right? Find some of your buddies from combat to write a buddy statement. Myself, I would try for direct sc and also I would file for secondary due to my service connect disability.  If you need help on how to write a buddy statement, hadit leaves no one behind.

Link to comment
Share on other sites

  • 0
13 hours ago, AllTheWay said:

USMCVMO you had stated that you were on a rugby team, and I know that Marines work and play hard. Do you remember the guys on your team? Do you have Facebook? I would try to contact the guys on the team and write a buddy statement. As far as an IMO, I would try to get a second opinion even if it cost. You have served in combat right? Find some of your buddies from combat to write a buddy statement. Myself, I would try for direct sc and also I would file for secondary due to my service connect disability.  If you need help on how to write a buddy statement, hadit leaves no one behind.

I do indeed stay in touch with some of the Rugby guys, including the team captain.   I have had buddies write statements before but what am I asking these guys to say? Something like how bad our bodies were abused?   I went through my record.  I found 3 sick call visits due to back pain from rugby.  I also found another one when I went it for trauma to the right leg.. the side where the hip issues are. I wonder if this would help build my case.   .  

leg.png

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Ronald beecher went up a rank
      Rookie
    • Tim Walsh earned a badge
      First Post
    • Tim Walsh earned a badge
      Conversation Starter
    • BirddogM578 earned a badge
      Week One Done
    • BirddogM578 earned a badge
      One Month Later
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use