Posted on Apr 23, 2019
Does "No" mean "No" with regard to the VA and disability?
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I seriously injured my knee in the line of duty, underwent a medical board and requested a permant profile instead of being medically retired. This was granted and I was put on a no running profile but I gained weight and was eventually chaptered out for weight control failure.
I have never been fully mobile since. I requested evaluation for disability in 2003(ish) and was denied. Now it looks like I need knee replacement if I want to avoid a wheelchair. I am only 56.
Does the VA's "no" mean no forever?
I have never been fully mobile since. I requested evaluation for disability in 2003(ish) and was denied. Now it looks like I need knee replacement if I want to avoid a wheelchair. I am only 56.
Does the VA's "no" mean no forever?
Posted in these groups: 
Department of Veterans Affairs (VA)
Disability
Department of Veterans Affairs (VA) Disability
Posted 7 y ago
Responses: 14
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1- 1st get to A VSO- preferrably from the DAV or Am. Legion. 2.Get all your paperwork to them. 3. See if it can be refiled using the VSO.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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SSG Dale London you should have immediately appealed it. It might be too late to appeal it now but perhaps with new evidence you can submit a new claim. I can not see why you were denied for a service connected injury.
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SSG Dale London
Life was a it complicated when I applied and I considering the hassle I had doing it long distance -- well... what can I say. I should have but I didn't. Thanks though.
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SSG Shavonde Chase
Compensation for knees and ankles seems to be the hardest to get. It’s mostly about range of motion.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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SFC William Farrell
SSG Dale London - Congratulations Dale, you deserve it. And you most certainly earned it by your service. You were brave enough to raise your hand when others did not.
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SSG Dale London reading through what you've posted, you should submit a VA 21-526EZ and get your knee injury reevaluated. Chances are good that the symptoms you describe would merit an upgrade.
You already have a 0% rating, so SC is established. It just comes down to the severity of impairment in determining the rating. and an exam will get fidelity on that.
You already have a 0% rating, so SC is established. It just comes down to the severity of impairment in determining the rating. and an exam will get fidelity on that.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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PO2 Christina "Jian" Phillips
What if you got no service connection result but it was clearly stated you were injured in military and problem got worse 10 years later?
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LTC Stephan Porter
You can fight that PO2 Christina "Jian" Phillips; use one of the several VSOs. DAV, every county in Texas has an office if your here, and many others.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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Not at all. Have several people I know, including my wife, that fought for and received disability or increases in percentages over time.. Easiest way to ensure this is by 1-contacting a Service officer and have them look at your case and file the paper work. And 2- Ensure that you are continually updating and sending in new medical documents.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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Unless I am seriously mistaken, 0% service connected still means you are entitled to treatment for that ailment, just you don't get paid for it (or any of the other perks fancy schmancy perks). If you are, indeed rated at 0, you should be able to go to the VA clinic and get treatment, but only for the knee (or whatever you are rated 0% for). While you are there, get upgraded.
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SGT Thomas Seward
That’s about right. I have things that were 0% but service connected that have been upgraded over time. Getting the service connection is key.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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SFC Jimmy Arocho
"Plan your work, then work your plan!" Good job Sergeant! Let us know how that new knee feels!?
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No, it's weed out those that are not seriously looking for help (in my opinion). Never quite the prosses and be the squeaky wheel. It sounds like you have one anyway, lol — the more documentation you can provide the better.
Good luck
Good luck
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SSG Dale London
Thanks for the encouragement. I'm putting a packet together. Not a fun process but neccessary.
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SSG Dale London
I am posting this follow-up to everyone who responded to my original question. I want to thank you for your advice and encouragement. I listened, submitted a new claim and at the start of the year I reveived a determination of 100% permanent and total disability. I don't think I would have even applied had you all not helped me. So please accept my heartfelt thanks. God bless you.
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Here's my first nugget of wisdom: Never file for VA benefits without getting advice from a VSO or at least somebody who knows the system.
It turns out that, had I known in 2003 what I know now, I could have been collecting 60% disability this whole time. I was diagnosed with gout (a form of arthritis) 4 months after I left the service. I have between 4 and 6 incapacitating episodes a year and it has ruined my life.
Here's the rub: there's a whole list of diseases and conditions in 38 CFR 3.309 that are subject to presumptive service connection in particular circumstances. If you are diagnosed with arthritis -- like I was -- to at least a 10% compensable level within 1 year of separation the VA will presume it is service connected. No nexus beyond 38 CFR 3.309 is necessary and my level of disability rates at 60% according to the regs.
My life is filled with if-only's.
It turns out that, had I known in 2003 what I know now, I could have been collecting 60% disability this whole time. I was diagnosed with gout (a form of arthritis) 4 months after I left the service. I have between 4 and 6 incapacitating episodes a year and it has ruined my life.
Here's the rub: there's a whole list of diseases and conditions in 38 CFR 3.309 that are subject to presumptive service connection in particular circumstances. If you are diagnosed with arthritis -- like I was -- to at least a 10% compensable level within 1 year of separation the VA will presume it is service connected. No nexus beyond 38 CFR 3.309 is necessary and my level of disability rates at 60% according to the regs.
My life is filled with if-only's.
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I don't want to shut this question down because I think a lot of good advice is coming through but I do want to update everybody on my situation.
I have contacted a VSO and am putting together a request for increase (I have two S/C disabilities currently rated at 0%). In the discussion it appears I also have grounds to make new claims as well. It is probably going to take some time to get this all sorted but I'll update you as it happens.
Meantime, I am learning great gobs about the application process and I will try to come in and drop some nuggets as I find them.
Thanks again and God bless.
I have contacted a VSO and am putting together a request for increase (I have two S/C disabilities currently rated at 0%). In the discussion it appears I also have grounds to make new claims as well. It is probably going to take some time to get this all sorted but I'll update you as it happens.
Meantime, I am learning great gobs about the application process and I will try to come in and drop some nuggets as I find them.
Thanks again and God bless.
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