VA disability claim

[usmcveteran]

Well I know some people will have varying opinions on this but I am currently appealing some claims with the VA on disabilities.

I want to say I am impressed with the buffalo office for handling my notice of disagreement and formal appeal with great speed ( under 3 months each).

I called today to see status of appeal and they mailed today my supplemental statement of case to me. What that is basically is their reasoning to deny my claim after countering their original denail.

I have 3 things I am fighting for and 1 I expect to have to fight all the way, the second should be in my favor but think I will have to go all the way with it and the third I should win with new evidence I submitted but am afraid they will ignore.

The main issue I should win is my tenosynovitis in my right hand / arm. I was diagnosed in military and had surgery in military and still have issues with it today.

They denied me originally becuase I broke my arm 10 years prior and a physician's assistant said the tenosynovitis was a natural progression of me breaking my arm which is BS.

I got a letter from another VA orthopedic surgeon saying he disagreed because of the 10 year gap between the too and it's more likely than not, not caused by that injury.

Truth is noone knows what caused it, I was told that is why its caused practicing medicine and the fact it didn't show up on MRI is a mystery as well.

So I am writing this to try and prepare myself for a denial on everything and have to wait years probably for a final outcome.

Anyways that's my rant and am afraid in the next couple of days I will be obsessed with fighting whatever BS reason they come up with to deny me.

[Pissed Off Patriot]

Good luck! Here's hoping for a win!

[Cgrutt]

Good luck man.

[harleyhutch]

Good luck, insist on the fact that it was aggrivated during Military service and further progressed after surgery and time. Fact of the matter is, it was addressed during Military service therefore follow up care and service connection is warranted based on the fact that you were allowed to enter the severe in the first place.

[usmcveteran]

I argued that I am entitled to presumption of soundness since I had no issues at entry, it wasn't until end of service when symptoms and everything began, I had surgery while in service, I also did not finish physical therapy and they allowed me to exit service early by using my remaining leave. Oh and I said that they have not provided any clear and unmistakable evidence linking it with my broken arm 10 years prior with no symptoms in the interim and provided a letter from VA orthopedic surgeon who said that he did not think it was related to me breaking my arm either.

Since I think that one should be in the bag I think they will still deny me since its the story of my life lol

[harleyhutch]

I've been told that if you don't get it at separation, odds are against you and be ready to fight, as you well know. I was rated at 75% at my outgoing physical and downgraded to 50% when said and done. I was told that I could appeal it but chances were slim. Was also to have received concurrent receipt for my disability but typical government, have to fight it.

[usmcveteran]

I am going for it all after fact, they gave me connection for hypertension and the scar from surgery so far, denying me on the tenosynovitis, tinnitus, and increase for scar for pain when I use my hand, they said it doesn't hurt on examination and my last counter was no doctor didn't say it hurt when I used it and my physical therapy records after surgery also said it doesn't hurt at rest only after use.

We will see what happens.

Tinnitus they are denying me because I had tubes as kid.

[usmcveteran]

Got my letter in mail today.

Still denying tenosynovitis. The said the physicians assistant rational was better and that my doctor didn't say he reviewed all my records.

My doctor said that he did not think my tenosynovitis was related to my broken arm prior to service because of 10 year gap between broken arm and onset of symptoms.

PA said broken arm is known to naturally progress into tenosynovitis. Well my doctor said he didn't think that is case because of time between too.

So how is hers more persuasive????????

[WARFAB]

So how is hers more persuasive????????

Because hers costs less money?

Sorry to hear they're jerking you around.

[usmcveteran]

My guys letter was only disproving her rationale. Her rationale was I broke my arm prior to service with no injuries in service. It's a known natural progression.

So my guy saying he didn't think the two were related becuase of the 10 year difference in symptoms was not meant to say this is why it should be connected but merely saying that it's not likely a result of the broken arm because of time difference. But apparently because its known to happen in other cases that's more convincing then my doctor saying its not the case here lol.

Anyone know a doctor to write me a better note if I can provide my records to back it up? I have 30 days to refute it and hopefully save another year or two wait time.

[usmcveteran]

Just thought I would update. Yup it really took this long lol. I just got letter in mail today from judge. I won appeal for tenosynovitis, and for tinnitus! 3rd claim is being remanded so that will probably take another 2 to 3 years but at least 2 are done and I won both.

[Cgrutt]

Sucks that it took so long but congrats! Good luck on last one

[dwa12479]

Better late than never. Hope you get back pay for the wait!

[usmcveteran]

Update:
still fighting on arm condition LOL. They have the wrong effective date again which should be cleared up in a couple months lol.

I just had another exam because the one from years ago wasn't don't properly and this last one wasn't done properly either. For those who have seen my forearm and hand scar know it's pretty big with a good sized hernia. Well they rates me other year for compensation for elbow pain. Yes I did say it hurts sometimes during my original exam. After this last exam they continue to compensate me for elbow pain completely ignoring the hernia and wrist and hand issues where surgery was actually performed.

The fight continues! Hopefully in next couple years this one issue will be settled.

[Norm Deguerre x2]

You, Sir ...
are an optimist