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Va Mistake
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nanaeris
On my initial decision for knee disability the VA denied my claim for knee disability in 1976. They stated I had osgood schlatters disease before I entered the military and it was not aggravated by military service. I finally got hold of my military medical records. The first time I seen a doctor it was after a training exercise and playing basketball. The orthropedic doctor diagnosed my condition as patella tendonistis and chondromalacia. I had the same problem after combat training for Air Force Security Policeman, I was given a temporary profile change and I was fine. When I deployed overseas, I was assigned flightline security, and started having problems with my knees. One day I was assaulted and fell on my knees, the X-rays showed I had osgood shlatters disease. Somehow the doctors determined I had this before I entered the military. They did a MEB stating this pre-existing condition was permanment aggravated by military service. I was sent to a stateside hospital for evaluation. The orthropedic doctor stated I had osgood schlatters disease and chondromalacia. The MEB report stated osgood schlatters disease was permermant aggravated by military service. The Air Force PEB board stated I had a pre-existing condition that wasn't aggravated by military service and I should be discharged. The final MEB report stated it was aggravated by military service. When I filed a VA claim in 1976 they denied my claim. In 2001 I reopened the claim for service-connected disability being denied by a rating specialist and DRO and contacting the BVA my case was granted. This time included osgood shlatters disease, chondromalacia, and the surgery I had. Although I asked about the presumption of soundness as my induction physical was normal I can't get an answer. I looked at my induction physical and it states I was 5'10" and when the x-rays taken after I injured my knees did not show osgood schlatters disease. Now when the x-rays taken when I was stationed overseas stated I had osgood schlatter disease, I had been in the military over 2 years. The MEB physical given overseas stated I was 6'1/2" so I had grew 2-1/2". Now I know osgood schlatters occurs when kids are growing. I contend that my osgood schlatters disease occured while I was on activity duty and not before I entered the military as the military stated. Also the three MEB reports stated my condition was permanment aggravated by military service but the PEB does not. If their is doubt does it go to the veteran? Is this grounds for a CUE back to the original denial date?
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