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Accident and Hernias

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ShrekTheTank

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When I was in the service I had an accident in a self propelled howitzer.  It was a training exercise and I had my left rib cage with all of the cartilage torn.  This caused my biggest and worst hernia.  I have since had two more Hernia surgeries.  

My question is should I file for this?  I am rated at 0% for the first one they fixed.  

Edited by shrekthetank1
needed to add to it
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16 minutes ago, shrekthetank1 said:

When I was in the service I had an accident in a self propelled howitzer.  It was a training exercise and I had my left rib cage with all of the cartilage torn.  I have since had two more Hernia surgeries.  

My question is should I file for this?  I am rated at 0% for the first one they fixed.  

You always file on everything.  And remember to include, "residuals of" before each item.  May be 0% now, but you never can tell the future.  Much easier to get it raised than to get the service connection in the first place.

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Sounds like your condition may have worsened and therefore you can file for an increase by providing current or recent medical evidence such as doctor's or medical specialist diagnosis, or treatment notes, medications, etc of your worsened condition.

As they did with me the VA may even accept non recent treatment notes and diagnosis of your surgeries, etc.

VA has already recognized and service connected you at 0% so this is a very good start.

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

 

Edited by Dustoff1970
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IDK.   I "weigh" "what do you have to gain" with the effort you have to put in it.  It may turn on "how close you are to SMC S, for example, if additional ratings could bring you to 100 plus 60.  (seperate and distinct).  

If you are close to smc S, such as you already have a single 100 percent plus another combined 40 or 50 percent, then go for it.  Also, if there is a chance you could die from a hernia  and you have not yet reached 10 years for your families DIC, then go for it, as it could mean the difference between your spouse getting DIC or not getting DIC.  

To remind people:  To get DIC, the Veteran needs to either die of a service connected cause (and your spouse can prove that, probably with an autopsy listing cause of death), OR from any cause after you have been 100 percent P and T for 10 years:

Source:  https://www.va.gov/disability/dependency-indemnity-compensation/

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