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kkp

First Class Petty Officer
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Everything posted by kkp

  1. Vike 17 here is the reason for their decision on the right knee Service connection may be granted for a disability which began in military service or was caused by some eent or experience in service. Your service medical records showed you fell and injured your ight knee in service. Your x-rays showed a contusion of the right knee. No chronic disability ws shown on your discharge examination from service. The treatment reports from the Fayette Cllinic showed some osteoarthritic changes in the right knee. No fractures or other abnormalities were shown. The x-ray reports from Dr. Santrock revealed mild degenerative changes. The reports show you had a right knee arthroscopy and subtotal medial meniscectomy during March 1994. There was significant erosion of the patellofemoral joint with marked undermining of the adjacent artricular cartilage. Your Beckley VA Medical Center treatmen reports showed an impression of minimal degenerative joint disease during May 2001. The treatment report from August 2, 2005 showed you hd fallen, hitting both of your knees. The x-ray did not show evidence of fractures or subluxations. The joint spaces were essentially well preserved. No evidence of acute skeletal injuries was shown. During you VA examination, you reported you were having difficulty standing for long periods due to pain. You have had difficulty sleeping and frequently awakened from sleep due to discomfort. You have been taking sme medications due to he pain. You reported some stiffness and weakness of your right nee. The x-rays sid not show evidence of recent or old fracture or dislocation. No obvious degenerative changes were shown. Bipartite patella right knee with deformity of the separate ossicle laterally was shown. The knee joint was intact. No intra-articular loose bodies were identified. There is no evidence of fractures or sublaxations. The joint spaces are essentialy well preserved. Based upon the examiner's opinion, the diagnosed degenerative joint disease of the right knee was not related to your right knee injury in service. During the history phase of the orthopedic consult in 1963, you stated you had injured your knee due to a fall on a ko road near your home in WV two years earlier. You had fallen from some scaffolding onto some bricks and injured your right knee as noted in your vA medical center treatment reports.You later fell again and fractured your patella. The fracture is not corrorated in the available records. Dr,----- reading of your recent xrays did not show any recent or old fractures. Dr.----- seems to think the right patella is bipartite . The right knee arthroscopy revealed postermedical meniscus tear that is most likely is degenertive judging from the multiplane tears and of the menicus. There was significant erosion of the patellofemoral joint with marked undermining of the ajacent articular cartlilage. This defect can be attributed to a blunt trauma to the patella that injured the femoral articular cartilage. There is no evidence to relate your right knee injury to your military service. Thats their statement in full. I dont recall falling on blacktop road two years earlier but proably did since its in my record. It must have not been hurt very bad as any former paratrooper will attest to the fact that we ran a mile a day and five miles on friday, not to mention the 50 mile road marches in full combat gear. And as I said they failed to mention that its documented in my medical records that I had an accident a year earlier and the right knee was still swollen. I was discharged a year later and of course it wasn't mentioned in my final physical because I didn't have one. I hope this will help, because I dont want to shoot blanks on this issue. If I dont have a winable case I won't pursue it, but if I do I'll use everything in my arsonal. thanks to all kkp
  2. To Berta, John 999, Vike 17, and Pete 53: Yes Berta I was a screaming eagle and yes I will be till the day I die. After talking to Dr. Bash today, he went over with me what I needed to send him and I have it all on file except for the C file. He didn't mention the C-file but I agree it would be a good thing if he had it. I wish you would elaborate a little further on the side affects of the PTSD medication. Do you mean I should write the side affects down and take to my rep or have a doctor do it? I have read enough on hadit to realize he should have sent an IU form yesterday but he was ademate that I had to be 70% or they would not accept it. I argued the point that should I be granted 70% they would have the IU form there for their decision. Am I right in this assumption or should I contact the ro and get an opinion from them? I could use advice in this area. My rep argued even though the ro has my C files, they would bundle it up and send it to St. Louis for copies to be made and then mailed back to the ro and put at the end of the stack again. It sounds stupid to me but the boss may not always be right but the boss is always the boss. I am not working and have been on SSDI since 1985 (unservice related). Vike, the VA did not rate my left knee afterall. The reason on their decision simply says "service connection for degenerative joint disease, right knee (claimed as right knee condition) is denied". My right knee is chronic. However my family doctor that aspirated my knee many times in the 60's and 70's died and as hard as I have tried I cannot find his records anywhere. It is well documented in my private medical records in the mid 70's to date. I mean I did not go to the doctor every month for the knee but it is well documented many times through the years including getting braces from the VA for the last ten years for both knees. Dr. Bash said something about moving the PTSD to DC also but I really didn't understand what he was saying. Well get further clarification. The situation with my green rep dictates that I am going to have to handle my case pretty much on my own. My plans at this point is to send the packet of material Dr. Bash asked for and go from there. Perhaps with any luck the PTSD claim will take care of itself before the appeal on the knee is docketed. If not, possibly I can get them both transferred to DC to be ruled on at one time. Don't be bashful and please give me any input you might have. kkp
  3. I havn't posted for a while, but read daily. There has been some topics I would like to comment on ,but don't really feel qulified, but I am learning, as like most of you I read every thing I can get my hands on. As some of you might remember I am 50% ptsd. I have a claim for right knee injury (sc) I recieved a decision on 9/15/06 Of course it was denied. It was stacked from the start as some of you advise it could be,For example it's in my smr that the right knee was still swollen a year after the accident. This was not mentioned in their decision. However they made note that it was not mentioned my final physical, (da) I didn't have a final physical. I had a Doctor who came into the room, took my blood pressure,and commenced to checking x marks off on a form he had. At the time I was glad he didn't examine me or he would have seen my swollen knee and made me stay in that hell hole longer. I'm sure alot of you can relate. I was in the 101st and wouldn't dream of going to war with any other outfit, but my commitment was up. Now I'll quit rambling and get to the point of this post.I had an appeal for 70% on my ptsd in the pipe line My rep and I thought it should have been 70% without an appeal ;don't we all; but decided to go ahead and file for the right knee. The appeal was to go befor a panel of judges that travel from dc. When we filed for the knee the appeal for ptsd was set aside pending the claim on the knee. A couple of days after I got my negative decision I called the ro on the statis of my ptsd appeal. I was told by the rep I talked to that since I had sent new evidence it would be examined at the ro and a decision rendered there. If I wasn't satisfied with that decision,then I could reappeal Meanwhile I had e mailed Dr. Bash about my knee. I never got a reply email so I went to see my rep yesterday( he's a month into his new ocupation) for advice.I had just came from the va and had copies of my progress reports for the last year on my ptsd and also the doctor that writes my prescritions (I take four meds for ptsd Alprazolam 0.5 x4, bupropion 100 x 1 1/2 twice a day, sertraline 100 1 1/2 twice triamterene 37.5). I told him I wanted to file a nod on the knee but it would be at least a month be for I would have imo. ready as new evidence. His advice was send in the progress reports on the ptsd to go with my other evidense they already have in case they looked at my case befor then, and to hold off on the knee until decision on ptsd. was made, because if I sent in an appeal on the knee a month from now my c-file would go to the begining again. I also asked him about a copy of my c-file and he said I didn't want to do that at this point because it would be sent to st louis for copies to be made and then sent back to this ro and go to the back of the stack again. (A FELLOW WITH A LITTLE LESS EDUCATION THAN ME ONCE TOLD ME "AS DUMB AS I AM AND AS SMART AS YOU ARE I'M AS SMART AS YOU ARE AS DUMB AS I AM" At the time I thought he was joking. I through that in because as I mentioned befor Dr Bash didn't answer my e-mail. I decided to check my answering machine today an yes there was a message from Dr Bash. He had called me back the next day. I called him this morning and after we talk awhile he said he thought I had a very good case and he would be pleased to help me.I told him all of the above,and this is what he suggested. Send him copies of all relavent materal. He would prepare a report and we should appeal it in dc. I could attend since I have a daugther that lives an hour away. He thinks we could have this resolved in a few months. I asked him about the ptsd appeal and he said as far along as it is, they may go ahead and make a decision befor they send my c-file to DC. WHAT SAY YOU GUYS I 'm not the smartest or dumbest man in the world, but will be the first to admit my thinking is foggy (due to meds I hope) most of the time. PLEASE GIVE HONEST OPINIONS I appreciate all you Guys more than you know. thanks KKP
  4. Vike thanks for re sponding Your memory is right. I am in the process of getting another medical opinion on the left knee, so i'll have it if needed. My case is at the rating board now,if I send this in will it start the whole process over or be put in my c-file at the rating board. Also how dose bilateral work . is both knees considered one injury and rated that way or as two injuries and va math applied. The damage to the left knee w as bad as the right. Would like all the advice I can get from you and the panel. Kkp
  5. Thanks again BERTA for your interest. I have suffered with the rt knee all through the years, as my occupation was a lineman,how ever I dont fill that it contributed to my on job injury. It was a freak accident that ended in a broken back,and alot of complications arose from it. I proabley was suffering from ptsd as I always worked long hours, slept very little, and drank heaily since the mid sixties.I also have been on some type of precription mind altering drug during this period. The drugs are documented in my private medical records. This could have contributed but it's not mentioned in my ssdi decision. I havn't drank for 15 years but, it took a bullet to the liver and aorta to convince me to quit. I do take 6 different drugs from the va. for the ptsd.
  6. Glad to get a responce from you Yes I had a c&p exam for ptsd after Ifiled a bva appeal. I am not working and havn't since 1985 due to a job related accident, ( not service connected). While talking to the ro a few months ago I learnd they were waiting for my ss award letter,I had a copy and they agreed to accept a copy from me.
  7. I would like some advice about my va claim. I have only posted here once but read new topics daily when home. It amazes me to no end at the thought that goes into some of the opinions by respondents. I filed a ptsd claim in feb, 2004. I was granted a 30% service connected decision on 22 feb 2005,without a c&p exam. we filed an appeal a week later,(I have realized from reading your forum that I didn't have a very into it type rep)but he for what ever reason only asked for 50% to be decided by a DRO.HE OF COuRSE DIDN'T look at the new evidence and denied our request for 50%.We then filed an appeal with the BVA june 7 2005. The ro set up a c&p exam for july 7 2005 by a board certified shrink,and after My va rep saw his and two other shrinks reports, he decided to file for IN HIS WORDS, AT LEAST 70%. On oct. 05 2005 I received a letter from DVA that I had been awarded 50% retro to feb 04. I called the ro to see if this would affect my appeal for the 70% I had filed for. I was told ''no'' since the 50% was awarded on an earlier appeal and the 70%was still the works. I had a meeting with My service rep on oct 10 2005 and mentioned to him that I had a service connected rt knee, and it was well documented in in my service medical records, so he filed a claim. I went for a c&p exam on june 06 2006. I waited about two weeks and went to records in the local VA,but they weren't back. Finding this unusual the clerk called the orthro doc who did the exam. The doc told him the ro had sent it back to him for correction and he had sent them back to the ro that day. I finally got a copy. The report was somewhat confusing to me and still is. The doc pulled no punches on the major damage to the service connected right knee incuding -30 degrees extension, ( I would like to thank my rep for not filing the left knee) I'll show you Guys why I am confused by quoting from my report. MEDICAL OPINION ============ WAS AN OPINION REQUESTED; YES MEDICAL OPINION SUMMARY RESTATEMENT OF REQUESTED OPINION;Whether or not the currently diagnosed degenerative joint desease is at least as likly as not related to the right knee injury in service. MEDICAL OPINION THIS VETERAN IS LESS LIKELY AS NOT(less than 50/50 probability) caused by or a result of right knee injury. OTHER MEDICAL OPINION OR COMMENT Whether or not, the currently diagnosed degenerative joint diasease is as likely as not related to right knee injury in service. ( By the way my service rep retired after appealing for the 70%.I hope he enjoys his retirement, but it would have been nice to have known.) As you might notice above, other medical opinion or comment seems to be the doc's final say but is different as original medical opinion. I talked to My temp. rep today and after talking to the ro he informed me my case is before the rating board. I read hadit every day I'm near my computer and value opinion. Thanks in advance to you Guys and Gals for helping this 63 year old grunt to understand this garble.
  8. Yes the right knee injury is fully documented. I filed a claim in 7/7/05. I had a c&p exam on 6/7/06. On the 14th of June I went to records to get a copy of the report. The clerk told me to go to compensation and pension. I did and the lady called the examiner and asked where the report was. He said he sent his report to the ro,and they sent back to him for clarification and he had mailed it back to the ro that day. The va finally sent me a copy of the c&p on 7/11/06. I am quite sure the va has recongnized the right knee as sc. This is a great forum and I want to thank everyone who has taken the time to respond. The post by you vike, john, jr and all the others has been very helpful, after reading the posts I reread the report and agree it's the left knee they wanted (other medical opinion on) I also have an appeal on my (ptsd&major depression) I am currently rated 50%. My vfw rep. asked for an increase of 70% to 100%(dont ask me why)but that's the way he worded it. I had enough evidence for 70% on my first claim but he only asked for 50%. I had a gaf of 40 to start with but still sent much more evidence. For all it's worth I talked to a lady from the ro 7/2/06.She was very nice.She said every thing they had requested was including my ssdi records, She also said a decision would probably be made in the next 30 days.???? I am drawing SSDI for a back injury that is not SC. I would enjoy any input you guys have to offer. thanks. kkp P.S. Do you guys think there is a chance for P & T on my claim?
  9. Two questions: 1) Had C & P exam on SC right knee. Got a copy of it today. There was significant damage to the right knee including -30 degrees range of motion on extension which I think is significant. I only requested an exam on my right knee but the VA form that the examiner filled out has a question about other knee abnormality: mild collateral lig-laxity, also a ROM of -30 degrees. I am wondering if this is will automatically be considered bi-lateral or if I will have to file another claim for the left knee? 2) The RO returned the report to the examiner for corrections. Can anyone interpret this opinion for me? Is it service-connected or not? :( Medical Opinion Summary: Restatement of Requested Opinion: Whether or not the currently diagnosed degenerative joint disease is at least as likely as not related to right knee injury in service. Medical Opinion: This veteran's is less likely as not (less than 50/50 probability) caused by or a result of right knee injury. Other Medical Opinion or Comments: Whether or not, the currently diagnosed degenerative joint disease is at least as likely as not related to right knee injury in service. I have been on SSDI since 1985 due to a back injury. P.S. I am 50% PTSD, and on appeal for 70% to 100%.
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