Can I file a claim even though the issue is not documented in my medical records?

[Knees-n-Da Breez]

Hello My fellow service members,

I was a member of the the 82nd Abn Div years ago. I often complained about my knees since leaving and even filed a claim about it. The claim was denied because there was no proof that the military caused it. I never complained about it then or went to sick call because in my unit, going to sick call was frowned upon (young and dumb). The situation with my knees has gotten worse. Is this a battle worth fighting? If so, what should I do? Thanks!

[Berta]

I assume you were a paratrooper?

This has some unit info if you need a Buddy Statement, which I think you might need..maybe not .

You will need a strong medical opinion as to the nexus to your service

http://www.military.com/unitpages/unit.do?id=100053

Also 82nd ABN DIV has a Facebook page.

Do you have a copy of your SMRs and also your personnel file? 

Unless the VA could come up with some bogus post service occupation like if you jumped from planes since service...you have a valid reason to claim the knee disability due to being a jumper. I think however that if your SMRs are silent for any knee complaints you might need an IMO/IME -independent medical opinion, based on what you did inservice and how that caused the knee disability.

However, when you file the claim the VA will give you a C & P exam and that might be all you need.

Do you have a treating VA doctor now for the Knees? If so they might be willing to fill out for you a DBQ that can move this claim faster then some that were at at the BVA.

There are almost a thousand decisions at the BVA with the words 82nd Airborne and knees in them.

This vet had arthritis in his knees.

"Veteran's service personnel records confirm that he served in the 82nd Airborne Division.  His STRs are silent regarding complaints, treatment, or diagnosis related to a knee disability. "

 

"July 2012 VA records show that X-rays found no evidence of fracture or dislocation in either knee, but found mild degenerative changes suggested by mild spiking of the tibial spines bilaterally.  In April 2013, the Veteran said he was suffering from knee problems related to his duties with the 82nd Airborne Division.  A November 2014 VA record documents a diagnosis of bilateral knee osteoarthritis." 

 

"his October 2015 VA hearing, the Veteran testified that he parachuted during service.  He stated that his doctor had diagnosed osteoarthritis of the knees.  Thereafter, he submitted November 2015 VA records which note a diagnosis of bilateral knee osteoarthritis, confirmed by X-rays in 2012 and November 2015.  The November 2015 X-rays showed mild advancement, and the treating doctor (Dr. Yellman) specifically indicated that, given the intense strain on the knees as a part of military service (specifically referring to parachute jumps), the Veteran's risk for developing osteoarthritic changes years following service "increased tenfold."  He opined that the parachuting had contributed to the Veteran's current bilateral knee pathology."

 

( my note here –Dr Yellman was the veteran’s  rheumatologist, for a different condition, but the VA conceded to this opinion :

“The Board has no reason to question the expertise of the VA provider.  As there is no medical opinion to the contrary, it is also persuasive evidence.  Consequently, service connection for bilateral knee arthritis is warranted.”

 

Service connection for bilateral knee arthritis is granted.

 

https://www.va.gov/vetapp16/Files2/1612804.txt

 

 

 

Edited February 24, 2017 by Berta

[Buck52]

 I agree with Ms  berta,

 First thing request your C-File check all your medical records for any type injury that you may forgot about request all your medical records&service records from St Louis archives and  file a ITF (Intent to File) and get buddy statements from your unit that you injured your knees back then  the place and time ect,,ect, any  training exercise or operations you were in while in military, but if you don't have medical records of injury to your knees while in military  , or prof of any jumps you made and injured your knees  it will be hard to get it service connected. ALSO your MOS will help.  jumping out of airplane can and will have an adverse effect on your legs /knees on down the road.

all you can do is try and see what they say? It will be hard but if you can write in yor lay statement why you think you should be service connected  they do take your lay statement in account, and get an IMO from a Qualified Dr stating he read your military records and a detailed description of what happen to you while in the military ,  if he states in his opinion its likely as not your injury to your knees is the reason your have problems today..or something like this its worth a shot, but without medical records from military  your chances are next to none.

but you may never know if you don't re-file a claim.

I have chronic arthritis in both my knees and I think it was from falling off the the front bumper of a Duse and half military truck in Vietnam,  I fell and hit on concrete on both knees and bruised up both my knees .

I never went to sick call either  and never reported it and just limp around for a week or two, years later I started have problems with my knees  , I ask a VA Dr if that fall could be the reason I have the arthritis  he said yes its a possibility,I used his statment as evidence &  I filed a claim and was denied 2 times  just no evidence it happen while in the military  so I gave up on trying to get it service connected. but I have other in-service injury's I filled and was  approved for 100% And SMC's  10% 30% 60% 70% 90%  100% THEY ADD UP.

Try writing out your lay statement of when  you injured your knees time and place, try to get buddy statements from guys in your unit that knew you at the time, just be honest and let them know you never went to sick call back then or reported the injury because we just never reported things like this back then being tough and foolish (young & dumb) its just something we never did  and be called a cry baby or tender foot ect,,ect,,,

but you never know if you don't file.

jmo

Edited February 24, 2017 by Buck52

[broncovet]

Yes, file.  Back to basics, tho.  YOu (always) need these 3 things for SC DOCUMENTED:

1.  Current diagnosis.  

2.  In service event or aggravation.

3.  Nexus or medical link between the two.  

NOTE:  YOU DO NOT HAVE TO HAVE A DIAGNOSIS IN SERVICE.  As Berta pointed out, (for example)  if you were a paratrooper, its not all that difficult for a doctor to look at your jumps and conclude: 

"The Veterans knee conditions is at least as likely as not due to jumping out of airplanes in the military service".  

As another somewhat similar example, I have a hearing loss which is service connected.  I was NOT diagnosed with hearing loss in service, and I did "not" complain about hearing issues.  (Almost everyone on this base, near the airport knew of the jet engine noise which was literally deafening)  However, I documented that my close proximity to aircraft in the service was "at least as likely as not" the cause of my hearing loss.  

[broncovet]

It is not usual for an "in service event" to cause a problem for VEterans "down the road" without an "in service diagnosis".  You still have to document the "in service event" or aggravation, but you dont necessarily need to have seen a doctor about it in service.  

I did not see a doctor about my hearing loss in service.  But I do have documentation of jet engine noise, as there is an airport about 50 yards from my barracks.  Planes taking off had to climb fast enough to miss my barracks rooftop as the first building they encountered off the runway.  

[MikeHunt]

A parachutist badge IS a presumptive, for LE conditions, although it's not written anywhere. A VA official said this, directly, yesterday. The official gave this as an example of how the VA has liberalized it's service connection standards.

Whether the person actually processing your claim follows this is a gamble- As we've seen again and again, the VA doesn't even follow things that are written.

[Buck52]

Basic Parachutist Badge[edit]

To be eligible for award of the basic Parachutist Badge, an individual must have completed the Basic Airborne Course of the Airborne School of the United States Army Infantry School at Fort Benning, Georgia. To graduate, a student must complete the three-phase course consisting of a ground phase, a tower phase, and a jump phase. By the end of the course, a student will have completed five jumps in varying jump configurations, from a "no load" jump all the way to a full combat load jump at night.[1]

if you were injured or injured your legs or knees during training  they should be a medical record! this is important as you can use for evidence (obviously)