Nexus letter if I have photographic proof?

[LKF050813]

Hello, new here. Working through getting an increase on my s/c issues and it has been brought to my attention I should have had my left knee s/c this whole time (medically retired 12 years ago). I have photographs of me competing in triathalons while wearing a knee brace on my left knee while on active duty. Platts data with my matching bib number backs up the dates of the photographs. Is this enough for the VA to service connect or should I still get a nexus letter? I’m s/c for pes planus and right knee, so could definitely get a letter for left knee secondary to those issues, but would prefer to just submit what I have. It seems like a smoking gun, but don’t want to assume how the VA will look at this.

Thank you!

[Rattler]

4 hours ago, LKF050813 said:

So in case I babbled too much and made this confusing, my basic question is will the VA take a nexus letter stating my left knee is secondary to my service connected right knee and flat feet of the claim doesn’t specifically state it’s secondary? How do I fix this?

thank you again!

The answer is yes as to a secondary to your secondary to my service connected right knee and flat feet. (I am assuming the flat feet was from combat boots) I think you might get it to go on its own but you would have a better chance as a secondary. (it's easier to prove causation that way as you have been out 12 years) That is how I got my left knee service connected due to my right knee and hips.

You will have to have him fill out this DBQ. This is to counter act the one that the C & P doc that they will send you will fill out.

KNEE AND LOWER LEG DISABILITY BENEFITS QUESTIONNAIRE

I would also cherry pick the medical records that you submit to the VA.  Don't sigh the permission form or rely on it to get the right medical records in the VA's hands. Only give them the ones that relate to your knees and feet. 
It is my experience that they won't read through 150 pages to find the 5 pages or more that is relevant to your claim. I would submit the MRI report. If you do this it should make you claim go quicker. 

Let me know what part of the country you are in. If you are near Atlanta GA I have a good working relationship with an orthopedic surgeon there that did a 13 page Independent Medical opinion and 4 DBQ's at a reasonable price. I live in AL and don't hastate to drive and see him.

Lastly I am going to send you a PM with some info as to where to go get more info as to file claims and how to. 

[john999]

Yeah, I like your chance at getting the knee connected as secondary. You know you have enough to get TDIU as is without getting 100% schedular.  I had TDIU for years before I got actual 100%.  Getting from 90% to 100% is very hard.  You need an extra 50% to get there.  VA math is a killer.  I had 93% rounded down to 90%.  I finally got 100% when I added an extra 80% and even then I got 98% rounded up to 100%.  If you are not working just go for TDIU. Much easier!

[pacmanx1]

53 minutes ago, john999 said:

Yeah, I like your chance at getting the knee connected as secondary. You know you have enough to get TDIU as is without getting 100% schedular.  I had TDIU for years before I got actual 100%.  Getting from 90% to 100% is very hard.  You need an extra 50% to get there.  VA math is a killer.  I had 93% rounded down to 90%.  I finally got 100% when I added an extra 80% and even then I got 98% rounded up to 100%.  If you are not working just go for TDIU. Much easier!

John with 93% on the VA math scale, you only needed another 30% to hit 95% for the VA to round up to 100% schedular. I was the same way. I was sitting on 90% and then I was awarded 40% and 30% which pushed me over the 95% and the VA granted/awarded me 100% P & T schedular. I went from 90% to 100% schedular and now I am going backwards and getting TDIU EED, so far got two EEDs with two appeals still pending. 

Edited March 5 by pacmanx1

[LKF050813]

58 minutes ago, Rattler said:

The answer is yes as to a secondary to your secondary to my service connected right knee and flat feet. (I am assuming the flat feet was from combat boots) I think you might get it to go on its own but you would have a better chance as a secondary. (it's easier to prove causation that way as you have been out 12 years) That is how I got my left knee service connected due to my right knee and hips.

You will have to have him fill out this DBQ. This is to counter act the one that the C & P doc that they will send you will fill out.

KNEE AND LOWER LEG DISABILITY BENEFITS QUESTIONNAIRE

I would also cherry pick the medical records that you submit to the VA.  Don't sigh the permission form or rely on it to get the right medical records in the VA's hands. Only give them the ones that relate to your knees and feet. 
It is my experience that they won't read through 150 pages to find the 5 pages or more that is relevant to your claim. I would submit the MRI report. If you do this it should make you claim go quicker. 

Let me know what part of the country you are in. If you are near Atlanta GA I have a good working relationship with an orthopedic surgeon there that did a 13 page Independent Medical opinion and 4 DBQ's at a reasonable price. I live in AL and don't hastate to drive and see him.

Lastly I am going to send you a PM with some info as to where to go get more info as to file claims and how to. 

I’m in Ohio, so unless your ortho will do a Telehealth visit I think I’m a bit too far away. The ortho I’m planning to use is doing it all remotely though so hopefully there are no issues there. 
I wish I had gotten advice from you guys before getting a VSO. I feel like I’m working backwards now and fighting the clock. 
I’ll make sure that ortho is doing a DBQ for me as well as the Nexus letter. My actual ortho here in Columbus is really nice though and may not have a problem doing the DBQ and medical review for me. I guess I should ask before paying someone out of town.

[john999]

I would concentrate on a current claim for TDIU then you can work on the 100%.  The sooner you can get TDIU P&T the sooner you can quit worrying about the VA reducing your claim, or fooling around for then years on appeals for your secondary claims.  You can do both a claim for an increase and a TDIU claim at the same time.  When you got your medical discharge how much disability did you get?  I think you can win your claims because you have evidence of disability in-service.   Have you pursued a mental health claim?  I would start seeing a VA shrink about depression due to your medical condition and chronic pain.  I got 70% for depression along with  about the same for physical conditions due to agent orange.  It all goes together. Before I came to Hadit I did not know about TDIU.  I had just 30% for depression.  Within one year I had TDIU P&T with a years retro.  You just need information and ability to deal with the VA.  How long have you been unemployed and unemployable?  Are you getting SSDI?

[LKF050813]

13 hours ago, john999 said:

I would concentrate on a current claim for TDIU then you can work on the 100%.  The sooner you can get TDIU P&T the sooner you can quit worrying about the VA reducing your claim, or fooling around for then years on appeals for your secondary claims.  You can do both a claim for an increase and a TDIU claim at the same time.  When you got your medical discharge how much disability did you get?  I think you can win your claims because you have evidence of disability in-service.   Have you pursued a mental health claim?  I would start seeing a VA shrink about depression due to your medical condition and chronic pain.  I got 70% for depression along with  about the same for physical conditions due to agent orange.  It all goes together. Before I came to Hadit I did not know about TDIU.  I had just 30% for depression.  Within one year I had TDIU P&T with a years retro.  You just need information and ability to deal with the VA.  How long have you been unemployed and unemployable?  Are you getting SSDI?

Thank you for your reply. I did file the TDIU and increase at the same time, so hopefully one or the other comes through. I was rated at 82% when I was medically retired 13 years ago. I have not attempted an increase since then and did not know about TDIU. I haven’t worked since I retired and apparently I am outside of the time limit for SSDI (I waited too long). I’m rated at 50% for GA and depression so looking to increase that as well as my orthopedic issues. Was the TDIU difficult to get?