Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Appeal Video Conference, S/c Back Secondary To S/c Knees

Rate this question


USAFvet13

Question

Hello all, unfortuantely my first post must be one asking for help as I do not know what to do from here.

I have service connections for the following:

Right knee degen joint disease w/ slight subluxation 10%

Right knee patellofemoral syndrome with chondromalacia 10%

Left knee patellofemoral syndrome with chondromalacia 10%

My knee symptoms and pain started during my service in the USAF. I have a lot of medical records to prove this so getting s/c for my knees wasn't extremely difficult. My knee s/c disablities began in 2004. I had surgery on my right knee with a private doctor in 2005 and since then I have had back pain and problems. I have continuous medical records from different chiropractors to show my back problems.

Problem is I never had any of them connect my knee problems to developing a back problem until I decided to try to get s/c back secondary to knees. I was able to get an IMO recently from one chiro saying "........ I have reviewed xxxx SMR's and it is my professional opinion that his altered gait due to his bilateral knee complaints has contributed to his low-back pain."

Here is where the difficulty began. I failed to get all my chiro records and this letter to the VA before they made a decision on back secondary to my knees. So I was denied. I filed a NOD and during this time my chiro records and my IMO made it to the VA. Well, they denied me again. This time they are saying there is significant documentation in support of a back problem, but I am lacking evidence of an altered gait with the exception of one VA note, and the IMO I submitted. So I have now requested a board of vet appeal video conference hearing.

I just today came from an appointment with the physical therapy / rehab doc at the VA in hopes that she would back up the altered gait developing a back problem, but she wouldn't write me an IMO and didn't agree with me that its a possiblity my knee conditions contributed to my back condition... WTF? She said she has plenty of patients with knee/ankle problems that do not develope back conditions...

So now I'm not sure what to do. The DAV is helping me, and he even said it's common medical knowledge that if you ankle or knee get messed up it will have a chain reaction and eventually mess up your back.

Sorry for the long rant, I look forward to hearing some advice on what to do. Hopefully I have enough time to figure something out before my appeal.

Link to comment
Share on other sites

  • Answers 36
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

Yes-that sounds good-

the doc has to lay it out for them like they are 10 years old- I mean by that - he needs to give full medical rationale how the initial SC has caused and/or contributed to the secondary conditions.VA doesnt connect the dots well, A good IMO will do that.

Your claim is completely valid and makes sense.

I hope you dont need to go the video conference route for this but that too would help-= if yo can show them how you are forced to walk in front of the video camera, that is like a picture- worth a thousand words.

Vets who do have upcoming video conferences in the appealate process should never hesitate to get as much documented on the video tape as they can-I think the camera will clearly shoot any documentation they might hold up to it and some vets probably should remove some of their clothing for skin claims,or even GSW scar claims, etc, then again nothing wrong with sending the VA photos with the claim of obvious disabilities that a photo could reveal maybe better then the clinical record.

This is a good update. And I agree that VA simply had no documentation of the altered gait and you have provided that now.

Link to comment
Share on other sites

I think the IMO is excellent! Great touch mentioning the Kinetic Chain

(http://kescott45.wordpress.com/2006/09/04/the-kinetic-chain-%E2%80%93-why-your-back-hips-knees-lower-legs-ankles-and-feet-hurt/)

I sure hope the VA understands what that means.

The features of the kinetic chain can be applied to many claims that involve similiar problems.

Are you going to bring this IMO to the C & P in Sept?

Some C & P docs would consider it- and probably some wont.

Still it is excellent evidence to send to the VA.

Link to comment
Share on other sites

Yes I will be bringing this IMO with me to the C and P exam along with my other IMO and hopefully an additional one concerning being treated for an altered gait. On my letter for the exam it did say to bring any medical records with me, which I found odd since I already sumbitted everything. But I want to have these IMOs on hand since it's possile the examing doc will have missed something.

So is there a possibility I will not have to go to the appeal video conference? Assuming the C and P exam goes in my favor, will I still need to do the video conference?

What worries me is that my altered gait is slightly noticiable during the first min or so of walking, but as my walk continues my knees start hurting worse and then my gait becomes worse. Also some days are better than others so my gait can be really bad one day and not so bad another. Going up or down stairs I have to hold onto a rail because sometimes they go out. And I can't walk up normally because it hurts so I have to compensate on how I walk up and down the stairs. None of this has ever been tested in any of my C and P exams so that's why I believe no mention of an altered gait has ever been said by the examing doctors.....

Link to comment
Share on other sites

If everything is favorable you wont need to have a video conference.

Altered gait can also be witnessed by significant others ,family members, neighbors, past employers etc.

There is nothing wrong with getting 'buddy statements' too if you still need them-but I hope you won't- to state they have witnessed your altered gait.

I suggest you request a copy of the C & P exam results after it is done,because those results will determine the outcome of the VA decision.

Link to comment
Share on other sites

Thanks Berta. I also just got a IMO and treatment records from a physical therapist I have been seeing. I know it's not weighted the same as a doctor's IMO but hopefully this will help.

I have another question.....

1. Thanks to jameshadit's post about "A Good Start For Va Claims\development" I've decided to write up a narrative / letter that will refer to my evidence I have sumbitted with a time line linking everything together. What is the proper format for this? I've tried looking for examples but couldn't find anything. If I remember correctly just put my name and social on the top and address it To whom it may concern? Is anything else needed to make it official or a specific format to follow?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use