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When to submit for a hip

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BDingster

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Hello, 

I'm trying to figure out if there's enough wrong with my rt hip to file a claim.  Background:

  • ETS'd '95
  • L hip: service connected Fall 2021: 40, 10, 0 for osteoarthritis nexus = jump status impacts (will be replaced in June)
  • Lower back: service connected Fall 2021: 20 percent for osteoarthritis/DDD, nexus = jump status impacts
  • Rt knee: service connected Fall '96 10%, increased Fall 2021 to 20, 10 percents osteoarthritis
  • Age = 53

The rt hip has moderate osteoarthritis, some loss of joint space, and spurring.  There are some twinges in the buttocks, but noting more than "huh, that ain't right" and I should keep an eye on it. Not reproducible other than it seems to be later in the day/week and in the relatively same spot as the other hip. Groin feels tighter, not so much painful - it's what lead me to the doc for the left hip thinking it was just a chronicaly tight muscle, but this rt hip is nowhere near as severe.  Range of motion is good, except unable to rotate internally (does internal rotation count? I see only toe-out and leg crossing).  Dr. notes state that I do have pain in the hip.

The issue is that I'm bumping up against the age factor, and the hip is 95% OK. It's what the bad hip was like 4 years ago. With that, is there enough to file a claim?  File now looking for a 0%? Intent to File and see what happens? Wait until there is consistent pain upon movement and more limited range of motion?

Thanks for any input 

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When in doubt, file.   Reason:   Lots of time VA delays, denies, then lowballs.  You may have other conditions secondary, those wont be effective until your hip issue is effective.  

Waiting to file usually costs you money. 

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If the VARO denies which they always do in my case then appeal and the BVA will advance you on the docket just like me at age 75 with my recent grant from BVA of OSA Sleep Apnea.  Good luck.

Even though you may meet the criterial and qualifications for a VA service connection disability you may not be able to receive an important formal doctors nexus opinion or DBQ stating your disability is due to your service or another service connected condition because some doctors and their staffs are lazy, indifferent or hostile to vets receiving VA money.

Here is what has worked for me since 1987 to present day.  I have submitted copies of VA, Army, private medical records and other evidence with my numerous claims and appeals with almost 100 percent success and won those claims/appeals without a doctors nexus statement with only one recent exception where the paid for opinion was also successful.  I have been 100% P&T since 98 and now also with SMC-S.  

IF you contact me I can send you a detailed list of the medical and other evidence that has won my claims and appeals.  What has worked for me is no guarantee it will work for you.

It is a disservice IMHO for anyone to discourage a vet from filing a disability claim just because they cannot get some chicken*** doctor to fill out a DBQ or sign a nexus statement as the vet may still have the other medical and non medical evidence in their files or possession to win. 

I encourage vets to seek opinions of others and do their own research as I have done.

Some vets like to brag about their receiving a VA or private doctors nexus opinion free of charge or it was paid for by their insurance or others and I congratulate them on their good fortune.  I have learned and worked the hard way for my benefits and proud of it.

I learned many years ago to in my case to correctly assume the VARO will deny my claim with a BS statement like "NO EVIDENCE" and then I have to appeal to the BVA or higher U.S. CAVC court which I have done on my own successfully.  This has created jealously on part of some other vets.  Too Bad they can still get happy.

My comment is not legal advice as I am not a lawyer, paralegal or VSO representative.

Edited by Dustoff 11
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