As for a HLR? or no?

[Ranmic]

Last Nov I filled two claims, one for an increase in my current SC knees and then I filed a second one for my hips as a secondary to my knees.  The VA combined my two claims and then I got C&P exams for my knees and my hips.  I got an increase for my knees but they said my hips were not service connected.  I'm unsure if I file a higher level review for my hips if they will review my knees also.  All I want is for them to re-evaluate my hips, and not my knees as they are maxed out for instability and knee strain and I don't want that touched.  Below is what I filed for.  Again, I did get my knees increased and now they are maxed out.  I just want to challenge my hips.  Any advice?

• knee condition bilateral (Increase)
• hip condition bilateral (Secondary)

 

[Ranmic]

Again, thank you all for your input.  I think I know my way forward now and how I should address it.  I think I'm gonna hold off on asking for an HLR and just continue working with my VA doc and ensure that I get the link between my knees and hips.  To me it's not a big deal if I lose the original filing date (last year) as long as I eventually get it connected and approved.  Thanks again.

[pacmanx1]

2 hours ago, broncovet said:

1.  You still need a current diagnosis of a service-connected condition.  The percentage does not matter.  

I do agree with you except for one caveat, for secondary service-connected disabilities and I know it is a play on words and I am not sure if it is my brain, my drugs or it is just too early for me, and I need to go back to bed. For secondary service-connected disabilities a veteran must have a service-connected disability rating. Once the veteran is rated, the veteran still needs 1. A current diagnosis of a separate disability and 2. A nexus letter or statement connecting 1. and 2.

I am not sure that everyone would understand your statement "You still need a current diagnosis of a service-connected condition compared to having an actual rating even though you state that the percentage does not matter". Like I said it could just be me.

Edited October 24, 2022 by pacmanx1

[broncovet]

You stated it better than I did, pacman.  Good job.  

[Ranmic]

2 hours ago, broncovet said:

Yes, the Caluza elements, required for service connection are a bit abbreviated for secondary conditions.  

1.  You still need a current diagnosis of a service connected condition.  The percentage does not matter.  

2.  You need a nexus doctor statment, something close to "The Veterans service connected knee problem is at least as likely as not related to his hip condition."  

Bronco, sorry for the additional questions but I think of more as I see more data.  The denial letter stated a disability in my hips from the xrays they performed during my C&P.  Now, with that said how do I approach my VA doctor to get her to tie my hips and knees together?  Do i just outright ask her, "do you think my hips are jacked up because of my knees?"  Guess other than complaining (which I have recently) I'm  not sure how to get my VA doc to word it for my benefit to later file a claim.

[brokensoldier244th]

Pretty much exactly that. You can’t approach any doctor with a self-diagnosis and expect them not to get a bit defensive- but you CAN word things as a question- if you do it enough it gets dictated into your notes and then you have a record of at least bringing it up. I’ve done this before, with success, by approaching it as a conversation rather than a direct question that puts them in the spot. 

[Rattler]

1 hour ago, Ranmic said:

Bronco, sorry for the additional questions but I think of more as I see more data.  The denial letter stated a disability in my hips from the xrays they performed during my C&P.  Now, with that said how do I approach my VA doctor to get her to tie my hips and knees together?  Do i just outright ask her, "do you think my hips are jacked up because of my knees?"  Guess other than complaining (which I have recently) I'm  not sure how to get my VA doc to word it for my benefit to later file a claim.

I just went through this same thing with a crap C & P Exam the VA sent me to.  The IHO the did stated; "One's R knee and L knee are anatomically discontiguous and physiologically unrelated. An injury to one's knee will not result in any chronic pathology of the contralateral joint." You should see the looks I get from other medical professionals when I quote the above statement. Than I go into the knee bone is connected to the leg bone, the leg bone is connected to the hip bone etc.

I found a real good orthopedic surgeon in Atlanta GA that I went to on the 21st to rebut the above with an IMO and DBQ's