Question about Vac Appeals

[Mediman14]

I apologize if this topic has been posted already. I recently received a favourable decision from VAC, but I feel that I should of got more due to the amount of damage I received from my injury.  This is fairly new to me. I was wondering what it 's like dealing With VRAB? Any suggestions about appealing ? 
      Also I was wondering how hard it was to get VAC recognize that I have Osteoarthritis from my injury? I often heard of people having trouble trying to get a favourable decision from VAC for Osteoarthritis.

Thanks

 

[blackberet17]

1) Request a Departmental Review (faster if you go through the Bureau of Pensions Advocates) of your assessment. You will most likely need to provide additional medical evidence (report from your family doc, etc.) to demonstrate the extent of the damage you refer to. You may also wish to consult the Table of Disabilities and the relevant table therefrom, under which your condition was assessed. This will show you what criteria you met when your condition was originally assessed;

2) If the osteoarthritis (OA) is a result of the injury, and is affecting or is present in the same body part for which you already received a favourable decision, you will need medical evidence demonstrating the presence of the OA, such as X-rays and such. How difficult it may or may not be, depends on the medical evidence.

Be aware, if the OA is affecting the same body part for which you already receive compensation, the two conditions will most likely be grouped together for assessment purposes - and it will not necessarily result in a higher assessment rating.

If the OA is affecting an entirely different body part, but you say it's a result of the same injury, it may be a little more difficult, depending which body parts we're talking about.

 

[maniac]

Excellent response Blackberet.  The only thing I would add is if the OA was not in the original diagnosis, have your doctor assess it according to the injury. If it is supported as part of the injury already claimed, you will be raising a claim "consequential" to the original.

An appeal is likely not warranted or needed.

 

[blackberet17]

I should add to my point 1):

Not only will consulting the ToD show you the criteria you met when your condition was originally assessed, it will also allow to see what criteria you need to meet to get a higher assessment.

 

[Mediman14]

The original injury diagnosis was Lt hip labral tear, because of the injury and the surgery , I developed OA. How much faster if I go the Bureau of Pensions vs requesting departmental Review the normal way? My claim OA was a "consequential" claim

 

[blackberet17]

I'm not sure if it increases the TAT, but BPA can provide counsel, plus write the DR Request, due to their SME status. They also have access to your file, so they can determine what medical evidence may be required to complete the DR Request.