tag:blogger.com,1999:blog-4162041641030931379.post9024261125759718552..comments2023-05-10T04:47:11.680-07:00Comments on The Blog at Military Disability Made Easy: VA Benefits: Isn’t the VA Supposed to Give Me the Benefit of the Doubt?MDMEhttp://www.blogger.com/profile/08807695915566004972noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-4162041641030931379.post-68805428375750092332017-02-14T12:55:47.548-08:002017-02-14T12:55:47.548-08:00It's possible that the medical record evidence...It's possible that the medical record evidence will be enough to establish service-connection, but it depends on the current conditions and whether they are truly the same. <br /><br />It may be better that you applied as secondary. If you have statements (nexus letters) from your physicians that clearly claim that your back issues are "more likely than not" the result of your service-connected conditions, then you should be good to go. If not, definitely try to obtain these to support your claim. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-49748068120633557932017-02-08T09:56:38.602-08:002017-02-08T09:56:38.602-08:00Dr. Johnson,
I filed a new VA claim for additiona...Dr. Johnson,<br /><br />I filed a new VA claim for additional disability benefits for my neck and lower back. I currently am service connected for bilateral flat feet. For the two additional claims, I stated that the lower back problem was a secondary condition related to service connected flat feet and the neck condition secondary to a service connected shoulder condition that I have. I had to go to a C and P exam for the back and neck condition a few days ago. Before going to exam, I reviewed service medical records and discovered that I had visited the doctor while in service for a neck condition and a lower back condition. So my question is two fold, should I have listed the conditions as simply new conditions since I have a notion in my records of a visit for a neck condition and lower back. My second question, would the fact that I visited the doctor for a lower back problem and neck problem in combination with my current neck and back issues be enough for it to be established that my problems are service connected.<br /><br />Thanks,<br /><br />CT<br /><br /><br /><br />Min. Terryhttps://www.blogger.com/profile/06925564459321929310noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-54981817090875082552016-10-26T10:38:58.735-07:002016-10-26T10:38:58.735-07:00Hi Jim -
It gets complicated, but that sounds li...Hi Jim - <br /><br />It gets complicated, but that sounds like the best approach. The four separate ratings for painful motion rounds out to more when combined than a single arthritis rating, for sure. The arthritis ratings really are not that beneficial. The best way to increase arthritis ratings is to have limited motion, which isn't your case at present. <br /><br />You're correct that the only other rating you can possibly get in addition is the one for instability of the knees (code 5257). <br /><br />http://www.militarydisabilitymadeeasy.com/kneeandleg.html#i<br /><br />This is the only code that can be assigned in addition to another code for a joint. If you have proof of instability in your knees, then this should be an easy add-on, but you have to have the instability clearly documented by your physician. He'll need to actually observe that it moves to far side-to-side (slight) or that it actually buckles or dislocates occasionally or regularly. Once he records these symptoms, that should be enough proof to have this added to your disability. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-23025676093365190222016-10-20T12:42:47.439-07:002016-10-20T12:42:47.439-07:00Doc - like you I am retired AF Colonel and sadly I...Doc - like you I am retired AF Colonel and sadly I am a JAG and I still can't figure out rating for arthritis for knees and ankles. Both knees and both ankles got rated 10% each for arthritis (painful motion) under 38 CFR 4.59. Initially I though I might be better off being rated under 38 CFR 4.71a as with occasional exacerbating incidents (which I have) a 20% rating might be possible. After reading your blog I have concluded I am better off as I am as I would get only one 20% rating for all four joints rather 10% each joint and in case, that is not the way that it works as I have limited motion (albeit based upon pain). I think I will just worry about getting a rating for instability as instability seems to be condition that supports two ratings for knees. Jimhttps://www.blogger.com/profile/13958206579659697829noreply@blogger.com