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Sltblock73 |
New Member needs HELP !!!! |
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Hi!!! I just got my decision back from the VA. I now have a combined rating of 70% for my SC knees and hearing. I am very happy with my rating but I do have
some questions.I was denied SC for lower back pain with radiculopathy as secondary to my SC bilateral Knee condition. A little history, I did have both of my
knees operated on before my ETS date and now have to wear Unloader knee Braces to assist in ambulation. In both my VA and QTC exams reported my gait slow and
antnlic. I have been receaving bilateral L3,L4,and L5 facet medial nerve blockade shots to help with the pain in my lower back. My pain management Dr. wrote a
nexis letter for me and did state (it is at least as likely as not) that my SC knees has altered my gait which has resulted in my lumbar pain. Do I need more
that one letter to connect my SC knees to my back problems? I need any help or advice that i can get on this Please. Thanks, Rob
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NavyNCC |
#1 | |||
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Sltblock,
Welcome to VBN. You have found a good group of folks here that will always be ready to help. In you decision letter look at the section that tells why service connection was denied. If you feel the rating is wrong file a Notice of Disagreement (NOD). Any service officer can assist you. From what you have stated it sounds like a case I would presue if I were you. Thank you for your service,
NavyNCC
"We keep you alive to serve this ship" |
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Sltblock73 |
#2 | |||
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When you say Service officer are you refuring to someone in my local field office? It took over a year to get this last decision, I'm sure filling a NOD
will be a long and painful process. Thanks for your kind words. Rob
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Sltblock73 |
#3 | |||
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I have my 6 month app. with the VA Oakwood office at the end of June. Shuld I take my decision letter with me and ask the DR. why it states that(At the VA
examination reported chronic lumbar pain that radiated down both legs to the feet. However the examiner did not report lumbar spine condition is related to SC
knee condition) I do not think that a Dr. working for the VA would even try and connect my disabilities(I hope that i am wrong).It never hurts to ask!!!!
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NavyNCC |
#4 | |||
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Yes, when I say service officer I am referring to the local field office. You are correct that the NOD process will also be a long drawn out process. That
is on the VA level and nothing can really be done about that.
NavyNCC
"We keep you alive to serve this ship" |
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heloteshippie |
#5 | |||
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NOD takes a lot less time than initial claim !
Just make sure you have the evidence to back it up. |
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Rickz245 |
#6 | |||
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File the NOD and request a hearing with the RO. Get the doc to amplify his statement for service connection if you can. If the evidence is solid...and yours
sounds pretty solid...then it may be resolved in your favor by the RO (which is usually faster than the original claim processing).
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mprise |
#7 | |||
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sitblock, welcome to the VBN
Mary |
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Sltblock73 |
#8 | |||
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The VA never even sent me to a QTC exam for my back. They only sent me for my SC disabilities. How can they denie my new disabilities with out a QTC exam. Im
sure they are hoping that i will just let it go and not bother with the trouble of a NOD. Thanks for the help. Rob
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lvacjoub |
#9 | |||
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The Navy Chief asked you what was the specific reason that VA denied s/c for your back.
The answer to that will give us a lot better idea of what you need to do to get s/c for the back condition. Actually you need 2 things: (1) a diagnosis - something other than complaints or symptoms of pain (2) a nexus statement - a written opinion by an MD that your (a) particular diagnosis is as likely as not the result of the s/c knee condition and (b) why this is so. Help us help you - provide info. |
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Kontum68 |
#10 | |||
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Just a touch offtopic, but I like that avatar. Grad of UGA a long time ago. Started to use this as my avatar but knew it would give the Vol fans apoplexy
!
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lvacjoub |
#11 | |||
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that's not what it gave me!
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Sltblock73 |
#12 | |||
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"The private medical records and treatment reports from VAMC reported your complaints of lower back pain that radiates to lower extremities. A diagnosis
of lumbar spondylosis with radiculopathy was rendered.Your private physician reported that it is least as likly as not that your lumbar spine condition was due
to your bilateral knee disabilities.At the VA examination reported chronic lumbar pain that radiated down both legs to the feet. However the examiner did not
report lumbar spine condition is related to SC knee condition"
This was the statement that was in my award letter. Thanks for the Help. Rob |
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lvacjoub |
#13 | |||
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OK, thanks for the info. Your original post stated that your doctors opinion included his reasoning that the knees affected your gait and that the altered gait
caused back problems.
It would help if your MD would give you a better written explanation of WHY or HOW the altered gait due to the knees affected your spine. If he/she does and the explanation makes sense medically, then VA could approve the claim upon receipt of your MD's report. Since the back claim was just denied if you get a more detailed letter, VA would likely have time to make a new decision within the 1 year appeal period. Without any new evidence, you can only begin the appeal process now and hope for the best. If you are unable to give VA any additional info from your MD, you should appeal - it seems that the VA examiner did not explain why he felt that either your gait was not altered by knee pain or why the altered gait did not actually cause the spondylosis. (If the VA examiner did explain this it really should have been explained in the "reasons & bases" that you quoted.) You could even begin the appeal now with an NOD. Later, if you are able to get a better explanation about your gait you could submit that info and VA would have to make a new decision. Without actually seeing your file, it does indeed seem that you have a valid reason to appeal or otherwise pursue s/c for the back. Best of luck to you.... and you have a fine Navy day. |
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Sltblock73 |
#14 | |||
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Thanks Ivacjoub for the information. I am going to my 6 month app at the end of june and I pain on asking the VA Dr. if he thinks my SC knees could have caused
my back pain and if so Im going to have him put in on paper. If not Im going to get a copy of my entire C file and let my pain management Dr. read over it and
write another statement for me. Thanks for all the Help!!! Rob
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Sltblock73 |
#15 | |||
Kontum68 wrote: GO DAWGS!!!!!!!!!!!! |
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ms57 |
#16 | |||
butt guess what i
love it,go dawgsMike E-6 USAF/ANG 77-88 80% sc |
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Sltblock73 |
#17 | |||
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I am still waiting on my C-File. Should I go ahead and file the NOD ???? Thanks, Rob
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