2 Dollar Bill

I'm not sure I understand. My original claim, were I was awarded 10% for my R Knee, but denied for both ankles, due to lack of "evidence" was October 1, 1990. September 16, 2010, I was again evaluated at my request. It was determined that both ankles were injured back in 1987, at the time of the original accident. I was awarded 20% (10% for each ankle) and continued the 10% for my R Knee. In the "Reasons For Decision", received about a week ago, there is the statement in both decisions on my ankles, that reads "Although you claimed this condition as secondary to your service connected right knee condition, the granting of direct service connection is warranted. You had a bilateral ankle injury in-service and have a current ankle condition which the VA examiner opines is due to your in-service ankle injury". Basically, I injured my R knee and both ankles in a 30' fall in 1987. I was discharged in 1990 because of the injuries, but was only granted 10%. I went to the VA in October 1990 and they denied my claim on my ankles. Now, in 2010, they have granted my 10% per ankle and stated that it occurred during my time in-service. That is why I ask if I should appeal the effective date on September 16, 2010.

I would say, based on what you have said, that a CUE would not work, because they said there was no evidence. But I do have a question about another way to go. Would it be appropriate, because the current rating I received states that the ankle injuries occured during the original injury, for which I was awarded a 10% rating, should I appeal the current effective date of 9/16/2010?

Thanks, Pete53. Not a very good introduction on my part. 20 years of pent up frustration dumping. Anyway, I'm an aircraft mechanic / inspector working for a DOD contractor on Ft. Campbell. I've been working on aircraft my entire adult life so it's all I know. I have 2 daughters in college and my wife of 25 years is a stay-at-home mom. I think that's why the girls are such good kids. I enjoy the shooting sports and belong to the Cast Bullet Association but have taken up rimfire (22) shooting as I have little or no time for loading, so I just grab my 22 and off to the range. It's kind of addicting. I started shooting what we call 3Position shooting and have on-line matches where you shoot your targets and email pictures. It's an honor system, no prizes except for bragging rights, so it's an enjoyable hobby. Anyway, I just wanted to give a better introduction and look forward to meeting the rest of the community and participating in the group.

Just wanted to introduce myself. I was in the Army from '86 to 9/90, when I was chucked out (honorabley) with 5 days notice, a daughter and wife 8 months pregnant, because I injured my knee and both ankles from a 30' fall from an obstacle on the Air assault course in '87. Went 3 years and an overseas tour on a temp profile. Got 10% out of the Army, but that all went back to the Army for years to pay back the $8500 in severance pay I received, which all went to the hospital for the birth of our second daughter. Anyway, I fought with the VA for awhile but they wore me down, I was working full time and going to school full time. 20 some years later, my buddies convinced me to go back to the VA and, after a little prodding from the DAV (I'm a life member), they upped it to 30%. Wow. The thing I'm wondering about is that the VA denied the claims on my ankles from day 1. The initial paperwork on the claim filed in September of 2010 said I was asking for re-evaluation of my knee and an eval of my ankles as injured over time due to my knee. I argued with the first VSO I talked to because I've had the ankle injuries from '87. He told me there was no way the VA would consider that. Well, when I got the decision 2 days ago, the VA states that although I based my claim on my ankles being injured over time due to knee problems, that my ankles were, in fact, injured during the initial fall in '87!!! This opens up the question: Is there any way the VA would, or could be forced to give me back pay? Well, I'm rambling on. For the last 20 years, I've suffered thru this, joined the DAV and worked to get the word out to vets and active duty members that the VA is not your friend, no more than the DA. I've worked at Ft. Campbell since '95 and talked to alot of folks coming home and the word seems to out pretty well that you have to cover your butt these days when you get out. I had no such help when I got out and I know alot of you guys didn't either. No matter what your branch of service or where you served, we all wrote a blank check to Uncle Sam when we signed up, but that's no excuse for the way vets are treated by the system. Best Regards to All, Bill