Back claim question…..

[Marc D]

So I’m new here after being kinda little fed up with Reddit. I have a back claim question…..

I got out in ‘05 and had service connection for, “ Postoperative residuals, left knee anterior cruciate ligament reconstruction and medial meniscus debridement Service-connected disability? Yes. Effective date: 11/19/2005 “ 

So over time my knees got worse and my back did too. In 2014, I had terrible back pain with sciatica on right side. I went to my primary care and after a x-ray I was diagnosed with “ degenerative narrowing of the l4-5 and l5-s1 discs, with early osteoarthritis” and right side Sciatica. I went a few more times for sciatica over the years. With that pain I also have radiculopothy on back of both legs. 

Soooo….im claiming this secondary to my knee pain. So DDD set in 9 years after I get out, thought that took decades? Has anyone filed a claim like this and what were the issues? I have my C&P this Friday and been doing some research on the CFR and everything…i just feel the VA always gonna shoot it down first go around. 
 

 

Edited February 19 by Marc D

[Guest]

Marc D,  

The VA has shot me down, but I have also got it the first go around on a secondary condition.  It really depends on if you have all of your ducks lined up and the rater did their job that day.  

There is no way to make sure they will get it right, but you can do everything you can to get them to see everything.

I bring in my documents and I highlight all of the information, which is important to what you want them to look at.  It has worked for me to guide them to see the parts of the information and not get lost in the weeds.  

I always make sure to tell them in a Lay statement how my condition affect my SC disability.  Make sure you get this correct.  To me this is how they view it.  

You Knee will affect your other knee and your hips and ankles and it can affect your shoulders.  Basically any joint damage can throw off another joint and cause damage.

This is just my advice and it has worked for me.

[broncovet]

Yea, about 80 percent of first claims at the varo are denied.  At least some of these are denied for bogus reasons.  A bogus reason is any reason "not" in the criteria.  

My example:  "Its been too long since military service".  "Time since military service is not a criteria.  Bogus denial.  It was overturned upon appeal.  However, that took 4 years, and, I lost my home in the process.  

Most of us have been through something similar.  Thus, we have "hadit".  

[Lemuel]

2 hours ago, broncovet said:

Yea, about 80 percent of first claims at the varo are denied.  At least some of these are denied for bogus reasons.  A bogus reason is any reason "not" in the criteria.  

My example:  "Its been too long since military service".  "Time since military service is not a criteria.  Bogus denial.  It was overturned upon appeal.  However, that took 4 years, and, I lost my home in the process.  

Most of us have been through something similar.  Thus, we have "hadit".  

They may have an AI working on these bogus denials.  My claim for bladder cancer under the PAC ACT was denied initially under exactly, "Its been too long since military service." and then granted a few months later without a notice of disagreement.