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C & P Exam For Degenerative Joint Disease


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7 replies to this topic

#1 JohnM

 
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Posted 10 November 2007 - 06:57 AM

Just recieved John's C & P report on degererative joint disease of the right and left hip. This was an appeal 2ndry to his back. diagnosis: mild degernerative joint disease of the right and left hip. Discussion: for the veteran's bilateral hips, it is less likely than not that the veteran's bilateral mild degenerative joint disease was caused by his service connected low back condition. It is unlikely that hip arthritis is caused by arthritis in the lower back. it is less likely than not that the back condition permanently aggravated the hip arthritis.

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.

#2 jbasser

 
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Posted 10 November 2007 - 09:58 AM

You need a Good IMO if you wish to pursue this issue. Since he is already 100 percent I cannot advise you to pursue or to not pursue. Now if he can get some type od SMC for his conditions I would look to Pursue.

#3 stevedenesha

 
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Posted 10 November 2007 - 10:14 AM

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.
Steve

#4 vaf

 
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Posted 10 November 2007 - 01:55 PM

I disagree. I say pursue. My husband is 100% schedular, permanent and total, and if anyone thinks that's an ironclad guarantee that the VA won't try to reduce him for one reason or another before he's held that rating for 20 years, they are mistaken.

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.

#5 luvHIM

 
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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.
Steve



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.

#6 JohnM

 
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Posted 11 November 2007 - 05:20 PM

Thanks for your respondes. I have printed them out and I guess I will not presue for the hips. Now I have another question. Ok John is like 60 % for his back, and a total of a 100% with the other problems. Now we just found out that John has bulging disk from neck on down and on Dec.3rd we will be talking to a surgeon for one of these bulges. I was thinking we should file a claim for these also. We will be asking the surgeon if this is also or could also be related to his two falls from the helicopter as his back was related.

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.

#7 jbasser

 
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Posted 11 November 2007 - 07:00 PM

Mrs john, You probally can claim the bulging disks. You need to have a Doctor to nexus it to the falls. Some bulging disks can heal.

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.


J

#8 john999

 
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Posted 11 November 2007 - 07:21 PM

SC for the back condition could mean some kind of A&A if the condition gets worse where John can't walk or needs help with basic kinds of self-care. I would pursue it since you have little to lose. I would not lose sleep over it, but I would pursue it. If you have already gone to the trouble of claiming it you might as well fight for it. I don't believe in claiming every little thing but this is not so little. I have back problems and it really impairs my ability to enjoy life.