Hello, New Member Here

[nando]

Hi guys, new member here. Prior enlisted Marine, discharge date 9-11-01. Been out for quite some time now and am starting to fall apart. I'm guessing all those tough years in the Marine Corps are cathing up to me.

I'm having issue with both my knees, they hurt every morning, can't even jog 100ft because the pain is too much. In my SMR thereis 1 or 2 entries where i complaned about R knee pain.

The issue that is bothering me more at this time is that my R shoulder is hurting, has been for a very long time now, range of motion is limited and lifting heavy is out of the question. There are zero entries in my SMR about this but I can't help but think that all the tough physical training is to blame. I'm pretty young, 27, and I should be as healthy as a clydesdale. I have seen my primary physician and a specialist each for my shoulder and knees. The specialist for my shoulder suggested surgery, after 1 shot of cortisol (helped for about 90 days).

The pain is intense. Now I have surgery scheduled a month for now but I know these claims take forever, what can I do? Push my surgery back til I file a claim and then have surgey or will having surgery screw my chances of winning my claim?

Not sure if this is in the right section, please any help and insight would be greatly appreciated.

Thanks you

[carlie]

Nando,

Welcome to hadit and thanks for your service. You might want to check out hadits homepage to begin gathering some answers to your questions. Other will post to you soon.

carlie

Edited March 22, 2007 by carlie

[Tbird]

nando welcome aboard

this link will help i think http://www.hadit.com/VA_Benefits/p2_articleid/29

[Berta]

MARINE - Welcome aboard-

Do I understand your discharge date was 9 -11 ? WTC?

I am surprised they let you out. My daughter was on Stop Loss at some point and then she extended a year more anyhow- due to 9-11. Her MOS changed within hours of this horrible event.

WHat was your inservice MOS and how would that cause your problems?

the nexus is everything- the nexus or link or cause-in service of what disables you today.

Have any of your docs asked about your service dutiies and stated that this might be cause of those problems?

Your claim-I suggest you file it ASAP- and include these probelms in it-

will depend on medical evidence showing that these disabilties are directly from your service.

[Vike17]

nando,

As Berta stated, the nexus or "connection" of your medical issues to your military service is everything.

From the looks of things, your knee condition wasn't chronic while in service, as you stated you were only seen 1 or 2 times over your period of enlistment. Therefore, you'll need to show continuity of treatment of your knee(s) since your discharge. If you do not have any type of documented treatment of your knee(s) since your discharge, you'll then need an IMO from a doctor stating that your current knee (insert diagnosis) is "at least as likely as not" some way, shape, or form related to the entries in your SMR's. The doctor must have shown he/she reviewd your entire SMR's and he/she must give a rational as to how and why they came to such a conclusion. They should cite relevant medical litrature to support hi/her opinion.

You shoulder is going to be more problematic since you weren't seen for it while on active duty. First of all, if you have any contact with any of the members of your old unit, you may want to contact them to see if they witnessed you having any problems while in the service, and if they did they will need to write a sworn statement stating as such. Sworn statements may satisfy the inservice occurance of an injury portion of any VA claim. Second, you'll again need an IMO from a doctor stating pretty much the same thing I pointed out about your knee(s). The doctor will need to opine something to the affect that your current shoulder (insert diagnosis) is "at least as likley as not' the result of you military service. Again they must give their full rational as to how and why they cam to such a conclusion. One thing that might help is if you were seen for you shoulder within one year of your discharge, and a MRI or any type of radiological imaging was done and shows degenerative arthritis being at least 10% disabling at the time, the VA can grant service-connection on the basis of "presumption" This means that they presume that your shoulder condition happened while on active duty even though there isn't any record of a inservice injury.

To be honest, you're going to have a tough time obtaining service-connection for your shoulder if you don't or can't get the evidence I mentioned above. The VA needs to see with medical evidence that your claimed disabilities are some way connected to your military service.

Vike 17

[Pete53]

Nando:

Welcome to Hadit.

[Hoppy]

nando,

As far as your knee goes it depends on the diagnosis. As VIKE says the best way to go about it is to get your SMR and go over it with a doctor. Even though you were to file a claim do not count on the VA scheduling a C&P. The VA is supposed to schedule a C&P for the purpose of extablishing nexus when the veteran has both an inservice and post service diagnosis. However if a lenth of time goes by the RO might start playing doctor and ASSUME that there is no continuity of symptoms (only a doctor can address the isssue of continuity) and decide not to schedule a C&P. I was treated for a short period of time for my knee. I filed a claim at discharge and was rated 0%. I went ten years without treatment and refiled and was rated 10%. I got lucky and was rated because they scheduled a C&P based off the original 0%.