Filing An Appeal But Have Some Questions

[bballr4567]

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This was a BDD claim that took almost 120 days. I ETS'd 29 May 09 and had all my exams and paperwork turned in 12 Mar 09.

Please ignore the left knee. This isnt a problem anymore but was included in my claim as it was a problem during active duty.

My problem is my lumbar spine and right knee.

Start with the knee. The part that worries me is that the VA predischarge doctor flat out lied. I have pain throughout my whole ROM. I get random swelling at least 2 weeks out of the month. I have weakness when climbing stairs and have to use a hand rail. Also, my Xray results were NOT normal. As long as 3 years ago Ive been getting abnormal results with edema and bony abnormalities. Recently, two weeks ago, I finally received a CT scan of my knee and it confirmed that I have arthritis consistent with a 55-60 y/o.

This is all documented through out my active duty time going all the way back to when the first injury occurred in basic.

My back is the worst though. Again, the predischarge doctor lied about the no pain, no spasms, no tenderness and so on. I certainly have all 3 of those and more as it has been documented since the original injury happened in 2006. Xray reports were NOT normal showing lumbarization of L5-S1 after I redeployed from Iraq. I have since had an MRI that showed a circumfrential bulging disc (not the minimal bulging that the VA said in the letter, I have NO IDEA where they got that) at L5. This has caused intense pain day to day and severe stiffness at night and morning. I also get random right leg spasms throughout the day. It also makes it difficult to sit down or stand for too long. Im constantly having to move to stay "comfortable". As it says, I have nerve problems on my right leg as a result. It started out small and has grown in severity and size over the past 3 years. The EMG technician reported that I do have nerve damage but the EMG is the wrong test for me as it only test if the nerve is there and intact. My problem is at my lumbar which is difficult to test.

Im planning on appealing this as its completely wrong. Im barely active (I walk with my wife) and this injury has basically limited my standards of living a lot. My worry is about the predischarge doctor and the fact that HE lied on his reports. There are YEARS of other medical sources claiming the exact opposite of this one doctor. Will this mess me up on the appeal?

Also, what exactly should I appeal on? Should I do my nerve issue as a primary condition rather than being secondary to the lumbar?

Sorry for the long post but Im at a loss here and how the VA came up with this decision. Thanks in advance for all the help!

Josh

[bballr4567]

Thanks for the info Chuck.

Fortunately for me, all of my pertinent medical records start AFTER 2006.

Also, I put in my claim June 29th and got paid Sept 9th. Not as fast as it should be considering all that is looked at is the surgery report and doctors note and then its decided. However, it was faster than I expected. It couldnt of come at a better time either. I at least have rent money for a few months if the new GI Bill decides to not pay sooner than it has in the past.

[john999]

If the VA is asking about your married status they must have awarded you at least 30% for you to get money for your spouse.

[bballr4567]

I did. I got 100% for convalescent pay due to my knee surgery.

Still no info on the actual disability rating for my knee or back.

[john999]

If you are having the secondary conditions stay in treatment. Even if you are denied this time it may become obvious as times passes that the knee is causing the other conditions and they may get worse. So if you stay in treatment you can show time line of your conditions getting worse and work to link it back to the knee. What you don't want to do is stop treatments and 20 years down the road try and get the secondary conditions SC'ed because so many other things may have happened the VA will say it is due to age or other accidents with no record of ongoing treatment since SC for knee. You have to prove with medical reports or statements that there is a nexus between the knee and secondary conditons. The VA will not connect obvious dots. Stay after them until you get everything service connected and then you can work on percentages.

[bballr4567]

There really is no secondary conditions with my knee. The back itself has two different secondary conditions and Im still getting treatment for it. That'll never stop as its just going to get worse over time.

Ortho DR referred me to PT so that I can get a back corset fit for me. He is thinking that my back is strong enough (it is) but Im losing stability over time with my back deformities basically. If anything, this new back support should really help my claim. Hopefully.

[bballr4567]

Well, no updates on my claim.

However, the VA finally paid the last of the charges on my knee surgery from 21 May. Got the letter in the mail today. I guess that is good news right?