Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

I won a claim!

Rate this question


Tbird

Question

  • Founder

I filed a claim in February in case it leads to other mobility-related benefits as my arthritis gets worse. I expected to lose, but I won. I didn’t use a service officer or lawyer; I filed the claim on my own.

I hope it helps another veteran.

Here it is

REASONS FOR DECISION

1. Service connection for ventral hernia as secondary to the service-connected disability of status post-hysterectomy-laparotomy. Service connection for ventral hernia has been established as related to the service-connected disability of status post-hysterectomy-laparotomy. (38 CFR 3.30338 CFR 3.310)

The effective date of this grant is February 22, 2024. Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date the VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.15538 CFR 3.400

An evaluation of 100 percent is assigned from February 22, 2024. 

We have assigned a 100 percent evaluation for your ventral hernia based on:

  • Extensive diffuse destruction
  • Weakening of fascial support of abdominal wall so as to be inoperable
  • Weakening of muscular support of abdominal wall so as to be inoperable

This is the highest schedular evaluation allowed under the law for ventral hernia. (38 CFR 4.114

2. Service connection for degenerative arthritis, other than post-traumatic, left knee as secondary to the service-connected disability of status post-hysterectomy-laparotomy.

Service connection for degenerative arthritis, other than post-traumatic, left knee has been established as related to the service-connected disability of status post-hysterectomy-laparotomy. (38 CFR 3.30338 CFR 3.310

The effective date of this grant is February 22, 2024.  Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.155, 38 CFR 3.400

An evaluation of 30 percent is assigned from February 22, 2024. 

We have assigned a 30 percent evaluation for your degenerative arthritis, other than posttraumatic, left knee based on: 

  • Limitation of extension of 20 to 29 degrees. 

The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and were applied based on additional joint limitation.

A higher evaluation of 40 percent is not warranted for limitation of extension of the knee unless the evidence shows: 

  • Limitation of extension of 30 to 44 degrees. (38 CFR 4.71a)

 3. Service connection for left shoulder strain with degenerative arthritis, other than posttraumatic and post-traumatic arthritis and labral tear, including SLAP with tendinosis as secondary to the service-connected disability of status post-hysterectomy-laparotomy.

Service connection for left shoulder strain with degenerative arthritis, other than posttraumatic and post-traumatic arthritis and labral tear, including SLAP with tendinosis, has been established as related to the service-connected disability of status post-hysterectomy-laparotomy. (38 CFR 3.30338 CFR 3.310).

The effective date of this grant is February 22, 2024. 

Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.155, 38 CFR 3.400

An evaluation of 20 percent is assigned from February 22, 2024.

We have assigned a 20 percent evaluation for your left shoulder strain with degenerative arthritis, other than posttraumatic and post-traumatic arthritis and labral tear, including SLAP with tendinosis based on:

  • Limited motion of the arm at shoulder level (flexion and/or abduction limited to 90 degrees)
  • Painful motion of the shoulder 

Additional symptom(s) include: 

  • X-ray evidence of post-traumatic arthritis 

The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and were applied based on additional joint limitation. 

A higher evaluation of 30 percent is not warranted for limitation of motion of the arm unless the evidence shows:

  • Limited motion of the arm, with flexion and/or abduction limited to 25 degrees from the side. (38 CFR 4.69, 38 CFR 4.71a)

4. Service connection for degenerative arthritis, other than post-traumatic, right knee as secondary to the service-connected disability of status post-hysterectomy-laparotomy.

Service connection for degenerative arthritis, other than post-traumatic, right knee has been established as related to the service-connected disability of status post-hysterectomy-laparotomy. (38 CFR 3.30338 CFR 3.310

The effective date of this grant is February 22, 2024. Service connection has been established from the day VA received your intent to file (ITF) a claim for compensation. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA receives the intent to file when a prescribed form is received within a year of the ITF. (38 CFR 3.155, 38 CFR 3.400

An evaluation of 10 percent is assigned from February 22, 2024. 

We have assigned a 10 percent evaluation for your degenerative arthritis, other than posttraumatic, right knee based on:

  • Painful motion of the knee (38 CFR §4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion of the knee, the minimum compensable evaluation of 10 percent is assigned) 

Additional symptom(s) include: 

  • X-ray evidence of degenerative arthritis 

The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR §4.59

A higher evaluation of 20 percent is not warranted for degenerative arthritis, other than posttraumatic unless the evidence shows:

  • X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating exacerbations. (38 CFR 4.71a

Additionally, a higher evaluation of 20 percent is not warranted for limitation of flexion of the knee unless the evidence shows:

  • Limitation of flexion of 16 to 30 degrees. (38 CFR 4.71a
  • Additionally, a higher evaluation of 20 percent is not warranted for limitation of extension of the knee unless the evidence shows: • Limitation of extension of 15 to 19 degrees. (38 CFR 4.71a)

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Content Curator/HadIt.com Elder

Congratulations on your win! This is great!

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • 0
  • Moderator

Awesome, congratulations!  

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

  • 0
  • Moderator

Congrats.  So, if I get what you are saying you won but no extra money.  (No additional SMC).  But, it qualifies you for a van maybe and some mobility benefits.  Great. 

Link to comment
Share on other sites

  • 0
  • Founder
8 hours ago, broncovet said:

Congrats.  So, if I get what you are saying you won but no extra money.  (No additional SMC).  But, it qualifies you for a van maybe and some mobility benefits.  Great. 

That is correct @broncovet. I am trying to get all my ducks in a row. That way I’ve done everything I can to make my transition  into my 70s as smooth as possible..

The win is a surprise. It was a long shot connecting my radical hysterectomy to my osteoarthritis.. I had my medical records and x-rays. I combined that with research showing a link between the removal of my ovaries and never being put on the proper hormones. My bone density and my X-rays along  with those articles from the NHI linking the two.

i am really shocked that I won the osteoarthritis claim. My hernia was a surprise also., they gave me a 100% for the hernia, from the surgery. It’s a pretty significant hernia and inoperable.

i am currently L 1/2, but if things get worse I’m connected for the osteoarthritis, it gives me a peace of mind. I want to do as much as I can to make easier for my niece and her husband to have access to as much help as possible.  I live with them and they take very good care of me..

The VA is getting me a powerchair a quantum 6 edge 3 stretto with with a seat that rises to be at eye level with people and reach the top shelf of the cabinets. They are putting in a ramp on the front of the house and lift for the powerchair on our SUV.

I can walk a few steps, but more than that I need the powerchair. The gave me a stair glide so I can get to and from the basement, my room is in the basement.

Voc Rehab is getting me a new computer desk and a MacBook Pro. This Voc rehab claim I started in 2019..  I did have to get my attorney and congress person involved and that seemed to break the logjam. I am hoping by September I will have everything.

i do think connecting my radical hysterectomy to my osteoarthritis can be helpful for other female veterans who went through the same thing.

 

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use