Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

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Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by Gun Plumber on Thu 08 Aug 2013, 14:14

Dear fellow CSAT member, i am beginning to be desperate regarding appeals. I am pensionate for my right knee (patellar syndrom) and less then a years after operation i begun having problem with the left one, i did apply but got turn down and 1 appeal. Same for my shoulders, got pensionate for the right (AC syndrome) one but can't get through with the left. Has all condition have been operate and medically documented.

Advice and opinion accepted!!!

Arte Marte

Yannick

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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by bigrex on Thu 08 Aug 2013, 16:09

Gun plumber, unfortunately, without further medical research, VRAB will keep denying for opposite leg or arm consequential conditions. With me, following surgery on my fully pensioned left knee, my right leg OA went from being asymptomatic to requiring immediate surgery, with a 4 degree change in the angle of the knee within 3 months. VRAB said that the rapid degeneration had nothing to do with the fact that I was weight bearing solely on that leg for those 3 months and that it was merely a coincidence, completely disregarding the letter I had submitted from my orthopedic surgeon. They have also denied the lymphadema that was a result of them damaging the lymphatic system after accidentally completely breaking both legs during the surgeries, claiming it is caused by my being overweight, even though the swelling has been present since the surgery in 2004, and invasive knee surgeries are a known cause of the condition.
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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by RobbieRoyal on Thu 08 Aug 2013, 16:49

Hey Yannick I was in the same boat as Rex and yourself, years of consequential damage caused by the pensionable condition, now between you and I all you ave to do is have a doctor diagnose your condition and refer you to a specialist and both have to agree that the consequential injury is caused or greatly, absolutely, undeniably by the pensionable condition. Words or phrases such as may or probably will not fly at any review board period. Keep trying brother all you can do is keep trying, good luck
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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by Gun Plumber on Wed 14 Aug 2013, 02:03

sorry for delays RR and Bigrex, but thanks but for insight and advices. RR has per your advice i am waiting for the damn claw back to bring me some relief financially so i could go see an specialist in privat practice as i am leaving en EU wich get the process even more harsh as the understanding of military occupation is quite different here. but i wont give up!

Cheers

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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by teentitan on Wed 14 Aug 2013, 08:16

If you go to the VAC website and check the table of disabilities for your injury print it and give it to your doctor and specialist. Tell them to write the report to the TOD and the adjudicators will understand that.

Specialist reports with medical jargon go directly over adjudicators heads. Remember "medical opinions" mean nothing to the adjudicator. It's what box is ticked off for them to do the state secret mathematical formula.
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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by Guest on Wed 14 Aug 2013, 09:05

I just read this post, the best advice that can be extracted from this post is exactly what Teen said. Vrab and Vac use the TOD against the Veteran, one must use it to the advantage for the Veteran. This is crucial. I tell all my clients that I help to go to they're family doctor with the TOD in hand even when they are having the doctor fill out the initial application. Get the doctor to sign the part of the TOD that they believe pertains to your condition. Circle the percentage as well, initial it. Its really mind boggling to see Vac and Vrab deny family doctors diagnosis when there is no legislation or guidelines that state a Veteran must have more then one medical opinion or for that matter a specialist (surgeon) concur with the other. This part disgusts me to no end. All that is required is a link to the pensioned condition (consequential) or service. For some reason they've slipped it in that a family doctor cannot provide medical opinion. I go after Vrab at hearings for this reason alone. I challenge them right when they mention anything to do with diagnosis as they are not qualified to discuss that aspect. They get pissed off but too bad, and I usually win being a bully. One thing the BPA do not do is challenge them when they step out of they're scope as a panel member of Vrab. They do not like me in hearings because I don't put up with this kind of shit. Anyway word of advice, use the legislation, its more powerful then you think!

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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by turbo on Thu 15 Aug 2013, 07:55

I received a left knee injury while serving got pension when retired.I went after VA a cause I started having problems with my ankles and right knee.after two years of fighting I did win .

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Re: Anyone ever had success with a Consecutive or service related injuries with reference to a pensionate condition???

Post by turbo on Thu 15 Aug 2013, 07:59

I also hate when a man on panel askes me if I can go to Tim Horton's god only knows what Tim Horton's has to do with my knee and I did have one idiot ask me about my sex life I wondered how a man with no medical back ground at all can make a medical decision on someone's injury

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