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HadIt.com Anniversary 24 years on Jan 20, 2021
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Complicated mess, need advice.


Question

Hello,

I would really appreciate some guidance on next steps. Please let me know if I forget any useful information. I had 2 items go to the BVA. I had a claim for tenosynovitis of right hand/wrist/forearm which was originally denied connection and the other issue was for scar. 

The BVA said my tenosynovitis was service connected so that was taken care of.

 

The scar was remanded because of a incomplete c&p exam. Pretty sure when I filed NOD I also said I did not agree with the exam because I complained of scar pain and the examiner never mentioned it at all. So my initial rating for scar was 0%.

Like I said I filed NOD after initial 0% assignment. Couple weeks back they gave me another c&p exam like the BVA ordered. This time the examiner actually wrote down that I complained of pain so they rated me at 10%. However they changed my effective date from 2013 to Oct this year because the previous exam didn't mention pain

 

I'm obviously going to appeal this again but what do I say? What's best way to go about it?

 

Second part of question is about VA duty to assist. I had no idea there was a rating possible for hernias. Because of the surgery for tenosynovitis which is service connected and where the scar is which is service connected I have a hernia where muscle bulges through and raises the skin. That hernia has always been there. Should the VA have included that? Any examiner can see it clearly when looking at forearm and my last c&p examiner for scar said she would note it. Can I get that connected with a effective date of 2013 which is when the tenosynovitis is and my original 0% scar was?

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You can always try, but the issue is if you don't show it somewhere in your records where you complained about pain or something like this then they will go with when you did. You can always figh

I would state it in there, that is what i would be fighting for.  

Thanks again really appreciate it. Glad to have confirmation I'm going about this the right way.

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You can always try, but the issue is if you don't show it somewhere in your records where you complained about pain or something like this then they will go with when you did.

You can always fight with lay statements to try and show it as you and those around you can fill out.  I always try to document everything with the VA as it will save you in the long run.  I would go through your C-file and look as it is very likely you did complain about it at some point.  Then use that information to fight it.

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14 minutes ago, shrekthetank1 said:

You can always try, but the issue is if you don't show it somewhere in your records where you complained about pain or something like this then they will go with when you did.

You can always fight with lay statements to try and show it as you and those around you can fill out.  I always try to document everything with the VA as it will save you in the long run.  I would go through your C-file and look as it is very likely you did complain about it at some point.  Then use that information to fight it.

I know 100% my records complain of pain in those areas. In fact my BVA decision pointed out last time they didn't even consider relevant medical records they had. I just double checked rating decision I got today and the only evidence they considered was the exam this month. So that shows they didn't even follow the remand instructions. So I guess I have that going for me.

 

Any clue on the hernia? Should that have come up during a these exams or do I need to file a new claim for it? The hernia wasn't called a hernia in service but the manifestation was there in service. Only a few years ago was hernia confirmed during a biopsy of site to see why I still had bulge. 

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They are so strange about the way they word things.  I would appeal the effective date and you can appeal the hernia.  I have had a few time they are not sure what they are talking about and you have to appeal to get someone to word it correctly.  I would keep pushing it forward until it is where you feel it should be.  

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1 hour ago, shrekthetank1 said:

They are so strange about the way they word things.  I would appeal the effective date and you can appeal the hernia.  I have had a few time they are not sure what they are talking about and you have to appeal to get someone to word it correctly.  I would keep pushing it forward until it is where you feel it should be.  

Ok so even though I never technically filed for hernia should I just include it in my appeal for the scar effective date? Like I said too the examiner said she would note hernia. I don't have access online to exam notes though since it was through a 3rd party VA contracted with.

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