You can make any claim that you want to make that you believe is true and correct

Jim,

I am a 59 year old veteran living in Florida, currently rated at 30 %. I am rated because of injuries to my right knee and hip and hypertension. I also have hearing loss in my left ear (currently unrated) but also service connected. Additionally, I have sleep apnea and use a CPAP machine. The situation with my knee and hip have gotten worse and my quality of life has gotten dramatically worse since my last evaluation. I an unable to stand for long periods of time or walk any distance without having significant pain my my lower extremities. My other knee has started to give me a problem and I believe that it is directly related to the original service connected injury to the bad knee. The VA has told me that the bad knee could not affect the remaining knee and that I cannot claim a connection between the both knees. My civilian doctor says there could definitely be a link and one could have caused the other to deteriorate.

Also, I believe that my sleep apnea is service connected but I have never made a claim. How do I establish a service connection for sleep apnea? I went for a revaluation in 2008 and they said there was no improvement in my condition. I saw an orthopedic doctor at the VA and he stated that my right knee is completely shot and is bone on bone. How much worse does it have to get for me to get an increase? I know have severe sciatica on my right side, presumably linked to my injuries. My quality of life really stinks and I am constantly in pain. Any suggestions on how to approach this. I am meeting with a VSO next week on January 10, 2012. I want to be revaluated, but have heard horror stories about the VA actually lowering disability ratings. Need any help or advice you can offer.

Reply:

I always have a difficult time responding to statements like yours: "The VA has told me that the bad knee could not affect the remaining knee and that I cannot claim a connection between the both knees."

I have serious doubts that any employee of the Department of Veterans Affairs (the VA) would say such a thing to you. It is not a true statement. There are any number of reasons that a bilateral knee condition may exist. You can make any claim that you want to make that you believe is true and correct.

I'll take a wild guess that you may have heard that from a Veterans Service Officer (VSO) who works with a National Service Organization. These people are not "VA Reps". I do not recommend using a VSO because many of them are not well informed on how claims should be submitted.

The chances of your low (30%) rating being reduced if you submit a claim for an increase are almost non-existent. If the condition of the rated knee has worsened, you should file that claim. I recommend that you do it yourself (DIY). I teach veterans that to DIY their claims is the best way to ensure it's done right. The VA would rather work directly with you so long as you learn a few basics and stick with the rules of the game.

If your doctor will write a nexus letter that clearly states that there is a relationship of the 2nd knee to the rated knee, that may be all you need to establish service connection. I have a page on my web site that instructs you on how the letter must appear and what it has to say.

Sleep apnea is a big issue as we age.

Unless you have some sort of affirmative evidence that your obstructive sleep apnea (OSA) was verified while you were on active duty, I advise that you do not file for a service connection. Without good evidence, you're wasting your time and that of the raters at the VA. If you have good evidence, then you should file a claim for OSA. Don't just file unsubstantiated claims and hope for the best though.

If you will read up on my web site, you'll soon learn that you do not need that appointment with a VSO. You'll write a simple letter to your VA Regional Office to tell them that you want to increase your existing rating and you'll describe why. At that time you can make a claim for the other knee and include the nexus letter from your personal doctor. That will begin the process for you and you'll have C & P exams and so on.

You'll have a 70/30 chance of approval within a year or two. Even with great evidence, I estimate 70% of all claims are denied by VA. VA does a terrible job of correctly adjudicating claims. If your claim(s) were denied, you'd be expecting it and you would know how to appeal.

I suggest that you click the following links and start your education on how to DIY these claims.

http://www.vawatchdog.org/how-to-file-a-claim.html

https://www.vawatchdog.org/Letter_Templates.html

https://www.vawatchdog.org/how-to-increase-an-existing-benefit--.html

http://www.jimstrickland912.com/Nexus_Letter.html

Those pages will get you started very nicely.