How to go after a back claim?

[thevetswife]

Paperwork in our house is my department.  this apparently includes VA related paperwork, so I am tasked with putting together his claims.  He has been out for 7 years and he initially put in a claim for his back, he didn't have supporting documentation and it was denied.  we worked on a few claims since then and stumbled upon a Dr that explained to us how my husband back issues were sub-sequential to his knee injury (for which they have claimed 100% responsibility for) as Degenerative Disk Disease.  But we also have heard that He could also claim Where and tear for his back (as a vehicle tech for 17 years)  claiming for osteoarthritis.  Since getting out he has required a # of cortisone injections, surgery to relieve a compressed disk.  Apparently it is up to VA to suggest which to go after.  Has anyone been in this situation of having to choose which way to go after a claim? 

 

[Occam]

You want to give the Bureau of Pensions Advocates a call.  They're a division of VAC whose sole purpose is to provide lawyers to represent veterans before VRAB, and they'll also help out with Departmental Reviews.

Your description of having to decide between a consequential claim and a "wear and tear" claim, I'm not sure about.  The BPA people will tell you for certain, but there isn't any reason I can think of that would prevent you from claiming both situations aggravated the condition.  Sometimes there's a clearly defined injury that causes a condition, sometimes it's a number of contributors that lead to it.

Explain the evidence you have to one of BPA's lawyers, and they'll advise of the best way to proceed.

 

[thevetswife]

Alright, after doing a lot of reading on here I have a better understanding of what I am wanting to ask  ???  My hubby has a disability pension for patellofemoral syndrome.  He also has a bad back (both degenerative disk disease and osteoarthritis).  He applied for a pension award and was denied due to lack of proof relating it to service.  We recently found out from a dr that the back could be a sub sequential injury caused by the knee.  So when we put in this claim is there a chance (if approved) that it would be as the disability pension and not as an award? 

 

[Occam]

I answered you earlier - you should only post your question once here.

The issue of whether a consequential claim would be covered under the Pension Act or NVC is complex.  Call BPA.

 

[blackberet17]

Just to clarify, the Canadian Forces Members and Veterans Re-establishment and Compensation Act (CFMVRCA), aka the New Veterans Charter, is for disability awards, and is the legislation which came into effect on 01 April 2006. The Pension Act covers disability pensions, and was the legislation covering all applications for disability benefits up to the coming into effect of the CFMVRCA.

The original application for the back condition was made under the CFMVRCA. If the back claim is successful (i.e., approved) as a medical condition which is consequential upon the patellofemoral syndrome (PFS) of the knee, it will be "approved" under the CFMVRCA, regardless of the fact the primary condition (PFS) was under the Pension Act.

You will need a strong medical opinion detailing how the PFS caused, contributed to, or aggravated the degenerative disc disease/osteoarthritis lumbar spine condition.