C & P Exam For Degenerative Joint Disease
Posted 10 November 2007 - 06:57 AM
Question: John is rated 100%, should we presue this or should we just drop it?
Has anyone ever tried to presue hip degenerative and won ?
How would we presue the hip disease?
while in military in boot camp with all the running and exercise a person does would this not cause hip disease?
Your respondes will determine if I nag him to presue.
Thanks in advance for your answers.
Oh by the way Our VA Rep's Boss told her to tell us to appeal this back in March of this year.
Posted 10 November 2007 - 09:58 AM
Posted 10 November 2007 - 10:14 AM
Posted 10 November 2007 - 01:55 PM
I agree that you need a good IMO for this one, and you probably already know what you need to prove and how to prove it through the use of the Physician's Guide, M21-1 and 38 CFR Part 4.
We are currently pursuing other claims that rightfully need to be service connected. And no, we're not claiming SMC, because it's not called for at the present time. This is not a matter of additional compensation, this is a matter of not trusting the VA to leave my husband's so-called Permanent and Total 100% rating as is.
Posted 11 November 2007 - 02:00 PM
I would definitely drop the issue since he's already rated 100% and according to the C&P hip was not linked to the back.
I did read what what vaf posted. But I agree with Steve on this one. The problem with DJD is that it is just another name for osteoarthritis and unless it is associated with a spondyloarthropathy condition (e.g, rheumatoid arthritis, Lupus, ankylosing spondylitis, reactive arthrithis (formerly known as Reiters, etc.) proving it is "caused" by the lower back condition will be difficult. As far as the marching and so forth in service, too many vets have performed these tasks without such issues. Age is also a factor in degenerative arthritis and the VA will play this trump card through an IME.
I have been through the BVA archives for the past four years and most commonly throughout the denials is the fact that unless there was a direct injury and or diagnosis made in service a medical professional has a challenge showing that the arthritis in one area has caused arthritis in another area.
Posted 11 November 2007 - 05:20 PM
Question: If the surgeon says yes should we file a claim to this also and should we file 2ndry to his back. Any respondes to this would be helpful.
Posted 11 November 2007 - 07:00 PM
The will rate this under Invertabral disk syndrome. It is rated by the number of incapacitating episodes. If a Doctor prescribes bed rest or tells him to stay offof his feet.
I received Sc for my neck some years ago but I was rated under SPINE range of motion. I also had pain and numbness in my left side which I had to appeal to win.
Keep an eye on John for a bulging disk can put pressure on a nerve root and cause considerable pain.
Posted 11 November 2007 - 07:21 PM