NOD on Knee decision

[Okichewy1]

Back in 2014 I submitted a NOD for a decision on my knee rating.  I was rated 10% for painful motion with arthritis (DC5003) and cartilage, semilunar, removal of, symptomatic (DC5259).  From what I have read on here and googling VA stuff, it seems I should of been rated at 10% for arthritis, painful motion and 10% for cartilage removal.  Each of those ratings are 10% each which equals 20% in VA Math.

I submitted my NOD and just received my SOC back with nothing changed.  I also referenced VAOPGCPREC 9-98 that specifically talks about a separate rating for knee with arthritis and painful motion and DC 5259 cartilage removal.

Any help would be great on next step (if any).  I am waiting on my VSO to reply to me also.

 

[ArNG11]

Yup it is not by mistake bud.  I am in the same boat.  Although I won on getting an increase and won a snack amount of retro, the VA still did not rate me correctly either.  Plus there is also the bilateral factor and pain factor(Delucca vs Brown???)  

If you do not have an IME/IMO obtain one is my recommendation.  If you want to do it on their terms,  get a specialist to fill out a DBQ and attaching a letter stating the usual nexus info along with the "reviewed your SMR's" statement and you should be in good shape.

If you had any structural work done on the knee, yup yes sir e BOB, I would fight the rating you were given. I state this as I am fighting a very same rating decision on my knees.  JMO

[ArNG11]

Submit the your info again and make sure you meet the Form 9 deadline.  IMO make sure you keep a copy and send it green card special to the VA, even if you utilize your VSO.

[Okichewy1]

I was just looking through myhealthevet and saw that I am actually rated for Limited Flexion of Motion (DC5260) for 10% and also have Traumatic Arthritis (DC 5010) 10%.  They never rated me for my meniscus removal it seems.