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I have been reading some of the replies to question. My question is what is the difference between CUE and Earlier Effective Date. When I filed a claim for bilaterial knee condition back in 1976 I was denied. When I re-open my clair in 1998 I won on appeal. When they denied me in 1976 the VA stated I had Osgood Schlatter Disease that pre-existed Military Service and wasn't aggavated by military service. I have asked over the years what evidence they had to come to the conclusion I had Osgood Schlatters Disease before I enlisted in the military. The only thing I can see in my military medical records is a statement by a doctor that said I stated I had pain below my knees when playing basketball when I was sixteen. I look at my Induction Physical and I was 5'10". When the doctor stated I had Osgood Schlatters Disease, I had been in the military over 2 years and grew to 6'1/2". Since Osgood Schlatter Disease usually happen when your are growing, I think it happened while I was in the military. I don't see where the VA applied the Presumption of Soundness law in their initial denial notice. When I reopen my case in 1998 I pointed out to the VA this fact and I also all the other bilaterial knee problems I had been diagnosed with while in the military. I had had two surgeries on my knees since leaving the military and both were related back to the military. I had asked the VA to evaluate these other conditions when they sent me to a C&P exam. Naturally they ignored me and had me evaluated again for Osgood Schlatters disease only. The doctor that evaluated me stated that more likely than not military service had aggravated my knee condition. The VA still denied me. This time I appealed. I took all my military medical records to the VA Regional Office in LA and know one would answer my question why all these other conditions where not included in the C&P exam. I could not get an answer. So I sent an e-mail to Washington DC and was suprised I got a call back and three days later my disability was granted. My question is since non of the other knee conditions was included in the initial C&P exam and denial and was included in the 1998 appeal decision, is this a CUE or eariler effective date to ask for. It is easy to prove I didn't have Osgood Schlatter Disease before I entered the military and all the other knee problems I had is part of my military medical records. I can't see in any of the VA records where they stated what information they had that I had Osgood Schlatter Disease before I entered the military and if they do they won't tell me. Can someone in this forum give some advice wheater I have a case or not.

Thank you,

nanaeris.

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The only way to get an EED for your leg conditions is to file a CUE claim since the 1976 denial became final after one year. Do you have the Osgood disorder now? Basically, the VA said you had pre-existing conditions that were not aggravated by your military service. What conditions were you service connected for by the VA? What records do you have in your SMR's that show injury or some problem with your knees during service? When you were denied for knee conditions in 1976 did you have any other evidence besides VA and SMR's that the VA did not include in their rating decision. You can get a lot more information on CUE claims here. They are difficult claims to win because they are so powerful.

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John is right- If they committed a Legal Error (which could be the wrong diagnostic code on the disability they said you had but didnt have)-that is a legal error.

Do you have a copy of the 1976 decision?

I am confused here-the Osgood Schlatters Disease-

do you have this now? or is this still l an incorrect determination by the VA?

Gee John and I have dejavu-he also asked this-

what is the rating and diagnostic code and diagnosis for what you did succeed in SC on?

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Osgood Schlatters Disease = DC 5257

whereas

Degenerative Arthritis = DC 5003 (bearing in mind that demonstrable pain upon examination is as disabling as limitation of range of motion).

And, as DC 5257 was NOT "noted upon induction", and, being reasonably certain, that, due to the passage of time and the almost certain progression of degenerative arthritis as is supported by several journal reports associating DC 5003 with the long-term affects of DC 5257 as evidenced in Osgood Schlatters Disease, it would appear to me that an increase in disability due to 5257 and a coincidental incurrence and worsening DC 5003, would appropriately require filing of claims for BOTH these DC's. Bearing in mind, of course, the basic requirement of "painful motion" when related to EITHER of these codes. And, no, pyramiding would not come into play, as they are two distinct and seperate diagnosi.

just sayin'

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I have been reading some of the replies to question. My question is what is the difference between CUE and Earlier Effective Date.

In the majority of cases, in order to get an EED back to 1976 the only way

would be to file and succeed on a C&UE claim.

The exception I know of, to this would be newly discovered SMR/STR's.

When I filed a claim for bilaterial knee condition back in 1976 I was denied.

In the 1976 Rating Decision that denied "bilaterial knee condition",

what does it state in the Narrative or Findings Section ?

When I re-open my clair in 1998 I won on appeal.

The 1998 Rating Decision that granted service connection states,

what disability ___________?

what is in the Evidence Section?

what is stated in the Reasons and Bases Section?

what percentage was granted?

what effective date was assigned?

When they denied me in 1976 the VA stated I had Osgood Schlatter Disease that pre-existed Military Service and wasn't aggavated by military service.

Can someone in this forum give some advice wheater I have a case or not.

This is only my opinion but I do not see a C&UE back to the original denial

in the Rating Decision of 1976.

1) I think a poor decision was made by the rater due to the medical evidence

provided in SMR/STR's and any examination that may have been provided by

VA at that time.

"My question is since non of the other knee conditions was included in the initial C&P exam and denial and was included in the 1998 appeal decision, is this a CUE or eariler effective date to ask for."

2) Inorder to "reopen your claim in 1998 you probably had New and Material

Evidence that carried enough weight to grant the claim.

The ONLY evidence that can be considered for a C&UE claim in your 1976

denial - is the evidence of record AT THAT TIME.

jmho,

carlie

Thank you,

nanaeris.

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The only way to get an EED for your leg conditions is to file a CUE claim since the 1976 denial became final after one year. Do you have the Osgood disorder now? Basically, the VA said you had pre-existing conditions that were not aggravated by your military service. What conditions were you service connected for by the VA? What records do you have in your SMR's that show injury or some problem with your knees during service? When you were denied for knee conditions in 1976 did you have any other evidence besides VA and SMR's that the VA did not include in their rating decision. You can get a lot more information on CUE claims here. They are difficult claims to win because they are so powerful.

I went through the SMR and got all the evidence where I had Injuried my knee during training and playing sports. I was diagnosed with patella tendonitious, chondromalacia, I had creptius, knees poping and cracking. Although the Air Force screwed me badly by stating I had a pre-exiting condition that was aggravated by military service even though I had three MEB that said it was and one PEB that said it wasn't. Even though I had all these other thing wron with my knees at the time. I wish I could go back and challange the Air Force because the Advisor that was assigned didn't tell me what my rights were. I think the reason the Air Force did what they did was so they didn't have to medically retire me because they didn't rate the heart murmur and hearing loss. In the 1998 Decision with the VA all these condition was mention including tramatic Arthrithis, the VA got me rated at 40% for my knees.

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