I won a claim!

Tbird · May 21

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 3.303, 38 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 3.155, 38 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 3.303, 38 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 3.303, 38 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 3.303, 38 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)