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10% Rating, Should I Appeal?


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6 replies to this topic

#1 SAR II

 
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Posted 03 July 2012 - 08:11 PM

I had a meniscus tear in my left knee when I was in the Military, never recovered full range of motion in the knee, and I now have hip pain due to an altered gait. The VA documented that the knee extension is limited to 5-9 degrees, altered gate due to knee extension problem, arthritis in the left knee, bursitus in the right hip, & torn labrum on right hip. My claim was submitted without seeking help from someone familar with the process, which I suspect was a bad choice.

I received my rating letter today:
*10% for Degenerative joint disease status-post meniscus tear
*0% for Limited extension, left knee
*Deferred decision on right hip pain to include altered gait because they need additional information.

Should I appeal or is this normal for these problems?

Edited by SAR II, 04 July 2012 - 07:52 AM.


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#2 Pete53

 
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Posted 04 July 2012 - 05:35 AM

The VA is not finished with your claim but I would definitely look into an appeal. The VA has a history of low balling Veterans on initial decision.

#3 Notorious Kelly

 
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Posted 04 July 2012 - 06:26 AM

If you feel this is inadequate for your situation then defintely appeal.

Evaluate how it impacts your ability to work & enjoy life.

You can also research what others have received for these conditions on the appeals site.

#4 john999

 
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Posted 04 July 2012 - 02:31 PM

Try to get more medical evidence and appeal. I did this for a heart condition and went from 0% to 60%. I was pretty shocked at this.I got this from a DRO. I would always try to get new evidence for an appeal or it can go against you, but not that often. So far I have got all my serious awards via appeals.

#5 SAR II

 
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Posted 04 July 2012 - 11:18 PM

Thanks for the responses. I didn't know what "Deferred Decision" meant & therefore didn't know that the VA wasn't finished with my claim. I wish I had visited this forum before I haphazardly submitted my claim. I thought the VA would do a thorough exam and diagnose my problems. I was wrong. The VA x-rayed my knee and hip, a physician’s assistant gve me a brief exam, and I was sent packing with an acknowledgement of a previously injured knee, limited knee extension, and altered gait. This didn't give me a warm and fuzzy, so I scheduled an appointment with my personal physician and was then referred to an Orthopedic Surgeon. Subsequent X-rays & MRI's revealed the knee arthritis, hip bursitis, & torn hip labrum in addition to the knee limited extension and altered gait. These exams were submitted to the VA, but I didn't know I needed a nexus letter till I visited this forum. I thought it was obvious that my hip problems were due to my altered gait.

Edited by SAR II, 05 July 2012 - 02:08 PM.


#6 carlie

 
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Posted 05 July 2012 - 05:46 PM

I wish I had visited this forum before I haphazardly submitted my claim.


Just so you don't "haphazardly" submit a NOD in beginning your appeals process,
be sure to read over and fully study the Reasons and Basis and Evidence sections real good,
probably 4 or 5 times,prior to submitting anything else.

Find the DC's you are evaluated under, study WHY the percentage was awarded and WHAT
EVIDENCE is needed for a higher evaluation.

#7 SAR II

 
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Posted 06 July 2012 - 03:24 AM

Thanks Carlie, I'll review that thoroughly before submitting anything else.




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