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DA Application Denial

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Re: DA Application Denial

Post by bigrex on Sat 24 Mar 2018, 19:09

The only people benefitting from doubt, is VAC. I am fully pensioned for one knee, and when I ended up needing surgery, I wasn't allowed to weight bear on it for several months. But after only 3 months following the surgery, my other knee went from being asymptomatic, to requiring immediate surgery, in order to save the knee. Yet VAC denied my consequential claim, stating that the rapid degeneration was merely a coincidence, even ignoring a letter from an Orthopedic surgeon who said that it only made sense that sole weight bearing would aggravate even a healthy knee, claiming it was merely speculative.

How are we, as veterans, supposed to argue against bureaucrats who see everything as coincidental, ignore medical evidence, or create their own "alternative facts" about what is written in our medical files?
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bigrex
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Number of posts : 3288
Location : Halifax, Nova Scotia
Registration date : 2008-09-18

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DA Application Denial

Post by Bigbrook on Sat 24 Mar 2018, 17:18

Waited 48 weeks finally got my letter from DVA ...... DENIED.......  I have an awarded condition of Spinal Stenosis and  for the past 3 years the muscles in both hips, called the Piriformis Muscle, goes into spasm and I need radiography injections about every 6 months just to get some relief.  My claim is a consequential  claim where my position is that the muscle spasm is being caused or in other words is a consequence of my spinal stenosis. I have medical reports regarding both of these conditions but the Specialist Doctor does not specifically state that the Stenosis is causing the muscle spasm .Therefore DVAs position is that there is not a stated connection between the two conditions and as such the claim is denied. I talked to my back specialists office and was told that my doctor will not do a separate letter as all of his info is contained in his reports. So I don't know what is next. VARB is an option but without additional information what could they do? Anyone got an advice or have similar experience with these type of medical conditions?

Bigbrook
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Number of posts : 16
Location : Nova Scotia
Registration date : 2017-03-03

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