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VA Examing Question


tuanntrang

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Hey everyone,

 

So i got couple question, 

I submit for an increase on my knee fracture and ankle condition again after years, i submit it on feb 19,2022, it still in "Prepare for a Decesion" status. So what happend is they just schedule me last month to a clinic and the doctor there just ask me to lay down and try to do a squad and other thing related to knee and ankle(walk, squad,move my ankle up and side,etc). My question is how likely is for me to get approve for an increase if there no xray exam or mri, just a talk and show me your conditon and few test?

 

Should it take this long for the case?

Also i submit a new request for stress disorder due to me being stress about my disability i coudn't work properly and always be resigning, coudn't keep a stable job, would this also be deined due to not service connected? i have a lower back condition that due to my femur and knee being permanent fracture.

 

Also i being try to claim for a fractuce on my hip but i dont know what the right term to call when file for new condition(i have this awhile back in the basic training but never file it)

 

 

 

 

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Posted (edited)

Since you are already service connected for your ankle and fractures then you can make a claim  for a MH condition such as Anxiety, Depression or even possible PTSD stress that is secondary to your service connected fractures and that this ankle fracture condition has caused and/or aggravated your stress, Anxiety, PTSD or whatever, etc.

However you will need strong medical evidence to support your claim in the form of a doctors or medical specialist to diagnose you with a type of MH stress disorder and further opinion statement that your service connected injuries' (fractures, ankle) caused and aggravated this new additional MH disorder.  For an initial PTSD rating only a licensed VA Clinical Psychologist or Psychiatrist can make the PTSD diagnosis unlike other mental disorders that can be diagnosed by private specialist.

Without a qualified doctor's or specialist favorable opinion then you will have to rely upon any medical treatment and doctor's notes that can do all of the above.   You really need to find an experienced and motivated VSO found at a VA Regional office or hospital to help you with your claim situation.  I cannot answer the first part of your question.  Good luck going forward.

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

Edited by Dustoff 11
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I generally agree with Dustoff.  My 2 cents:

1.  To find out the likeliness of your approval, would require a review of your file, and compare it to the CFR's for your conditions.  In short, if you meet the criteria for the next higher rating, you should eventually win.  

2.  You "absolutely" do not need a medical degree or medical knowledge of your maladies to win benefits.  Its not necessary for you to apply for a condition such as a "necrotic condition of the condoylis of your femur joint."..or some other medical mumbo jumbo.  Just apply for your   "hip condition", as well as secondary conditions that a doctor may so describe.   Let a doctor diagnose your condition, and opine whether or not its related to an "in service event", or aggravation.   

      I dont recommend Vets "get TOO specific".  Doctor A may opine you have "degenerative arthritis of the hip", while Dr. B may opine that you have something different.  THis could result in delays.  If your c and p doc makes a different opinion than your regular doc, as far as your diagnosis, VA may deny, "even if" that denial is in error.  You see, the Va could probably change the diagnosis applied for to be consistent with what you applied for, but they may instead just deny.  Then you would have to reapply for the c and p docs diagnosis.   

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The va examiner  doesn't always require recent xray or MRI studies to make a decision. I had knee xrays about 3 years prior to a claim for an increase on one knee and  a new issue on the other, the xrays showed arthritis of the knee. one knee the va increased the rating  for arthritis while the other knee the rater decided to grant service connection but added the  arthritis to my knee condition that was rated in 2016, and did not grant me any additional compensation.  It seems they are doing this alot lately ( that is adding new conditions with old ratings without rating increases)

There isn't anything anyone can predict concering ratings you may get.We would have to know the entire history of the issue.

As others have said you can submit a claim for depression ( or any other mental condition) or anxiety as a secondary condition.  Claims can be awarded secondary for almost any secondary  reason. Examples include:  medication for a primary condition causing more problems , or  Left knee issues secondary to right knee injuries etc. Of course the doctors will have to decide if the secondary condition was actually caused by a service connected condition.

I have been awarded service connection  for a few secondary issue, the va will adjudicate them just like any other claim.

 

Best of luck to you.

 

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