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mac mcqueen

Help I Reall Confused Now!

Question

Please help I'm major confused now.

1.) I had Knee Arthroscopic on July 16 2009 to repair left knee meniscus tear, during the operation it was noted the I had Grade three to four Chondromalacia of the trochlear groove.

2.) On July 27 2009, I had Left Sided Hemilaminectomy for decompression. Discectomy at the L5-S1 to remove disc fragments, Posterior Lumbar Fusion was conducted

In Aug I submitted a claim to the VA for a increase in the left knee due to the grade of Chondromalacia and also Conv for both the knee and the back. I sent all required paperwork Post operative reports for both surgeries. I had a C/P exam in Fayetteville on 21 Aug 2009.

Then on Aug 19 2009 they sent me another letter stating: We are working on your claim for your left knee temp 100% conv also Temp 100% for back surgery. Now the added chonndromalacia right knee and restless leg syndrome, I had not asked for these additional items. I got letter from my primary Care doctor, letters from my wife and myself in regards to the restless leg syndrome stating it had not got worse and the had doubled my medication for same. The also set me up with an appointment with the Va hospital to have another C/P exam for my right knee. Which I attended on 21 August 2009.

I called the 1-800 number last week they stated that my paperwork was at the rater and that he was requesting another C/P exam letter to do a EMG/Nerve Study. I called the VA Hospital and talked to the lady there and she stated that they had received the paperwork and it is scheduled for Dec 1 2009.

Now today I receive a letter in the mail and it states the follow: "We continue working on your claim that was submitted on Aug 7, 2009. However, our letter to you dated Aug 19 2009 and Sept 17 2009 failed to give you information regarding your claim for Temp 100% rating for Back and Knee surgery. And also your claim for restless leg syndrome secondary to your service-connected back condition."

I don't understand I have already each time sent all of this paperwork. What the hell is going on. Can anyone tell me what is going on. I don't understand. Is the anyway to call the rater, and ask if he has all the paperwork

Under the Paragraph "What Do We Still Need from You?"

Please submit medical evidence on your current restless leg syndrome as well as evidence showing a connection between your restless leg syndrome and your sevice connedted back condition. We will consider service connection for your restless leg syndrome as secondary to your service connected back condition NOTE: Temporary or intermittent flare ups of condition are not considered aggravation, unless the underlying condition, as contrasted by symptons, has gotten worse.

I sent them when they requested originally these items: (1) letter from Private Physician, In this letter it states the he has been treating me for this condition for some time and that it has gotton worse as my back condition has worsened. He has now doubled my medication of Marapex. I also sent a letter from my wife and a Letter from myself. I also attached a court Docket I found that showed in the past, that for restless Let syndrome since there really isn't much to go from, a decision from the court of appeals in favor of the Vetern for Restless leg syndrome, in which the judge granted the letter from the spouse as the primary evidense. In the docket theses are the judges words. "The spouse's observations are he best evidence in the case as the condition occures wile the vetern is asleep"

I do't have anything else to send for RLS, when I was on active duty the condition was not even named, I connected to my back because as the back worsened my RSL got worse. As far as making it an independant claim, I could do that because I have no proof. I didn't reliaze what it was even called untill my doctor informed me when I was already retired. He is the one that stated that RLS doesn't start overnight. That it builds down through the years.

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