elcamino_77us

Berta is right on the money when she says to go through every word.They denied me at my BVA by changing the wording of the Doctors, both mine and theirs. They also used my first two C&P exams even though a previous BVA stated that they were inadequate of rating. I'm in the process of correcting those mistakes. I scanned my decisions into a pdf file, converted them over to Word, and then changed the formatting to double space. This allowed me to go through each and every statement. When I needed to make a comment, I just used the "Review" section in Word and added a comment. I know this is allot of work but this allows me to find the information I may need later and also allows me to copy and paste later when writing my claims. Bill

Thanks Berta, Earlier today, I stumbled upon an interesting Case "Citation NR: 9623880." I pretty well blew me away. I went through my 2008 BVA and it contained alot of errors as the Rater of whoever used alot of info from my first two C&P's which the 2005 BVA had ruled as Inadequate for rating. I will take a look at the cases you pointed out this weekend. Again Thanks Berta!!! Bill

Evening Kate, Try calling the 800 number to see if they can look in the system and locate them. Also it helps to know when he got out. Another thing, it took me three years to get a copy of my C-File. Although through first hand experience, a lawyer can request them and the VA has like 20-30 days to comply with the request or they're in some type of contempt. I've also seen the VA blow off the Board of Correction for Naval Records. If calling the 800 number doesn't help, I would hire an attorney just to request the Records. Bill

Good Evening, I'm in the process of going through all of my Decisions, SSOC's and C&P Exams, notating all of the problems, untruths and anything else that's incorrect. My first two C&P Exams failed to address DeLuca and my BVA of 2005 remanded my case for a third C&P Exam since neither of my previous Two C&P Exams addressed DeLuca. Considering this, my thinking tells me that any conclusions based upon prior inadequate information by either the Examiner or the RO/BVA would be grounds for CUE. Any Thoughts???

Thanks Berta, Sorry for the delay!!! Yes, I agree with you Whole Heartily!!! I found all of the scribble where the rater was trying to figure out what the doctor meant by her statement instead of sending it back. This means I can claim a CUE and collect retro as I've since had the disability service connected with the same evidence. This past Wednesday, I did get a package from the VA. It turned out to be Two copies of my C-File. Strangely it was dated the same day as my supposed appointment. Whether its complete, I highly doubt it. However, it does seem to be better organized. The letter attached stated that from now on request received at the Atlanta RO will be forwarded to the St. Louis Records Mgt. Center for scanning and processing on disk. Bill

I had one C&P Exam that they had to send back as the report was incomplete and another which should have been sent back for clarification but wasn't. Instead, the rater just guessed about the medical information. Now I get to claim CUE. Bill

Good Afternoon, I called and made an appointment to see my medical records at the Atlanta VA for this past Friday. However, after I got showed up after a 3 1/2 hour trip, I was told thy knew nothing about my appointment. After they called and checked with the guy that handles the records, I was told that my records had been scanned into the computer and that I would get my original hard copies either Monday or Tuesday. I decided to speak with my VSO Rep and was told by her that my records were not in the system. She went on to say, that the people at the counter tell the Vets anything to get ride of them. I was also told the the records were to be boxed up and sent off to be stored for seven years. Past dealings with both tells me I cant trust or believe either one of them. Does anybody know whats going on with the medical records being converted to digital? ​There are some files I have never seen used by the VA that would substantiate my case along with proving the VA tempered with my medical treatment records. Bill

mos1833, The Navy has a long history of discharging Marines at their EAS instead of Med Boarding them. Leaving them at the mercy of the inapt VA. Bill

Thanks Again Carlie!!! The Lady I talked with was extremely nice and both faxed the info and mailed me a hard copy. My main concern was to see what they coded my knees at. My Right Knee was rated 10% under 5261-5260 along with a 0% under 7805 for a scar due to a partial medial and lateral meniscectomy. My Left Knee was rated at 10% under 5010-5260 for medial meniscus tear; Chondromalacia; arthritic changes (previously rated as left knee condition under DX code 5299-5257) Looks like I need to find out when the Left knee was rated under DX code 5299-5257 and when that rating was recoded to 5261-5260. The VA has refused to SC my Left Knee for years until my recent surgery showed that my cartilage had scar tissue from where it had been damaged. So far from my research, I should have received a separate 10% rating on each knee for the meniscectomy along with another 10% for arthritis and loss of ROM. I also wear knee braces and my knees have a tendency to pop in and out of joint along with staying dislocated at times. Which is another separate rating of 10%. However, from what I can tell, my local clinic has been pretty good at being vague about my knees popping in and out or staying dislocated. One last thing, the information I have been reading states that if you have arthritis in two or more joints, it can be rated at 20%. How does this work as I have arthritis in both of my knees and my spine as well? Thanks for all of the info and help. Billy

Thanks Carlie

I received my claim back from the VA a few months ago. However, the VA did not list in either of the documents the DC's they used in awarding my disabilities. They only listed the symptoms and awards. How do I go about finding out this information? Thanks, Billy

Berta, You had asked about if I had filed a claim for Radiculopathy, I didn't. Howerver, when I testified before the BVA, I stated that I would have shots of pain running down my legs from my back. Well it turns out that I maybe really lucky if I hadn't already shot myself in the foot. Reading through some of the post in the CUE section today, it dawned on me to check my past BVA's. My 2005 BVA had a section in the Remand as follows: 2. The veteran should be scheduled for a VA orthopedic examination in order to determine the impairment resulting from his service-connected disability of the lumbosacral spine. The claims file should be reviewed by the examiner in conjunction with the examination. The examination should include full range of motion studies, X-rays, and any other tests considered necessary by the examiner. The examiner should provide ranges of motion for the thoracolumbar spine, reflecting forward flexion, extension, left and right lateral flexion, and left and right rotation. In testing range of motion of the veteran's thoracolumbar spine, the examiner should note if the veteran has any additional limitation of motion due to such factors as weakness, fatigability, incoordination, restricted movement, or pain on motion. The examiner should also determine the frequency and duration of any incapacitating episodes resulting from the veteran's lumbosacral spine disability. Any other disability, to include any neurological disability, resulting from the veteran's lumbosacral strain also should be noted. The medical basis for all opinions expressed should also be given. Also, as I was looking over my 2008 BVA, I noticed something odd at the end of one paragraph and beginning of the next. A left knee x-ray showed calcified enchondroma or bone infarct of the distal left femur and ossific density posterior to the proximal left fibula which would be due to artifact or old trauma. The diagnosis was bilateral retropatellar pain syndrome as of 1994 and left cortical lesion of the distal left femur as of magnetic resonance imaging (MRI) in 1995 and x-ray in 1996. The examiner opined that the veteran had no current disability of the left knee. Based on the evidence of record, there is no competent medical evidence to show that the veteran has a current left knee disorder. While the veteran was treated for left knee pain in service, he was never diagnosed with a left knee disorder. Those two statements are in complete disagreement with each other. Lastly, reading through a post where you had pasted 3.156 - New and material evidence. My conclusions is that as long as the VA has your SMR's and for whatever reason fails to use that information, it doesn't count as New and Material Evidence. Is that correct??? and if so is there a work-around??? © Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to Thanks, Billy

Berta, I wish I had known about this site when I first got out. It would have made my claims a lot easier and more importantly correct the first time. Thank You for taking the time to teach me. Billy

Did you file a Notice of Appeal with the CAVC on that decision? No I suggest, but you might not thank me for this, to read EVERYTHING in our CUE forum.... I may not like it, but I know it’s necessary and I do respect your advice. However: "FINDINGS OF FACT 1. There is no competent medical evidence showing the veteran has a left knee disorder that is related to service. On September 18, 2012 I re-opened the case on my Left Knee. On November 27, 2013 the VA made a decision. The swaying factor I believe was a statement concerning a knee scope held on July 23, 2013 which reads as follows: On July 23, 2013 my Left Knee was scoped (Encl 3) and included the following: OPERATIVE DETAILS: After informed consent was obtained, preoperative antibiotics were given. The patient was taken to operative room in stable condition and underwent general anesthesia without complications. Preoperative time out was completed. Pedal pulses were verified. The left lower extremity was prepped and draped in usual sterile fashion. Tourniquet ischemia. Anteromedial and anterolateral portals were established. Superior pouch was noted to have hemorrhagic synovium and there were no loose bodies. Medial and lateral gutters were free of loose bodies. There was an area of exposed subchondral bone on the anterior medial aspect of the left knee and there is a thicken plica present. This was debrided. The patellofemoral joint noted mild fraying of the superior portion of the patella but areas of full thickness chondral loss and fibrocartilaginous replacement of the Central portion of the femoral trochlea. Abraded chondroplasty of the frayed chondral surface of the patellofemoral joint was completed. Inspection of the medial compartment revealed thinning of the lateral aspect of the medial femoral condyle with fibrillation and fraying and abraded chondroplasty was performed. A macerated tear of the posterior horn of the medial meniscus was then noted and partial medial meniscectomy back to stable rim with combination of baskets and shavers was then completed. Intracondylar notch revealed normal cruciate ligaments. Figure four position allowed visualization of the lateral components revealed normal chondral surfaces and normal lateral meniscus. Hemorrhagic synovium of the medial and lateral gutters and suprapatellar pouch was debrided. The knee was thoroughly irrigated and portal sites closed with monocryl. Sterile dressing applied. After my surgery, the Doctor spoke with my wife and stated that he had repaired the tear of my meniscus and that I had an old injury that had damaged the cartilage of my left knee. He went on to explain that the cartilage had tried to repair itself. This is supported in the Operative Details section as the doctor performed an abraded chondroplasty of the “fibrocartilaginous replacement of the Central portion of the femoral trochlea.” It is also noted that osteoarthritis in the form of fibrillation and fraying was found. The only injury that I’ve ever had to my Left Knee (Encl 4) was on 16 April 1991, when I injured my knee while engaged in an intramural softball game with my unit. I’ve continued to have problems with my left knee throughout the reminder of my career in the Marines as well as after being discharged. That being said, The VA stated the following reason: Service connection for medial meniscus tear, left knee; chondromalacia; arthritic changes has been established as directly related to military service. An evaluation of l0 percent is assigned from September 18, 2012. This is the date we received your reopened claim which is later than one year of our decision to deny service connection for a left knee disability on July 17, 2008. Please note: The VA examination of January 2, 20l3, shows you could not complete repetitive testing due to pain. Therefore, additional functional impairment or range of motion on repetitive testing could not be evaluated. Additionally, the examiner diagnosed enchondroma of the distal femoral diaphysis. This condition was acknowledged and considered in the Board of Veterans Appeals Decision of July 17, 2008, for which service connection was not established. Therefore, it is not included in the current evaluation. We have assigned a 10 percent evaluation for your knee condition based on: ~ Painful motion of the knee. (38 CFR §4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion of the leg at the knee, the minimum compensable evaluation of 10 percent is assigned.) ~ X-ray evidence of traumatic arthritis along with any limitation of motion of the joint The provisions of 38 CFR §§4.40 and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and are-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki have been considered and applied under 38 CFR §4.59. That brings me to my next question, when I reopen my cases after I have a proper IMO, how will the effective dates be affected? I was finally able to prove after all these years that my Left Knee Pain was service connected through a knee scope. Yet the VA only assigned it from the date the claim was re-opened. My point ....Alteration of medical evidence can be overcome by IMOs and the documented medical evidence itself. The question I have here concerns the fact that I tried to get the VA to CUE themselves, which failed. After reading in here lately, I find that you can only get one shot. How will this affect me? Here is a copy of what I wrote: I had requested a copy of all of my records almost three full years ago. This past spring, I received a partial copy of my records which included files I had never seen. As I went through those files, I found a copy of my C&P Exam conducted January 2013. This exam mentioned previous exams and documentation along with dates for my different diagnosis. One of the exams noted was my C&P exam of 2006 which was also included within the partial copy of records that I had just received. The information on these C&P Exams did not add up to what I had been led to believe from my 2008 BVA Decision (Encl 9), DOCKET NO. 97-05 565. After reading through my C&P Exams, the BVA of 2008 and other records that were used in the determination of my 2008 BVA Decision, I found that the VA had misquoted at least two Exams and quoted a 1996 C&P Exam which had been previously rule inadequate. Dr.Choi, a local Orthopedic Specialist wrote in his report (Encl 10) on 21 Jan 1996, “He does clearly have median nerve distribution numbness symptomatically.” Yet, the BVA felt it necessary to change the wording to make their case. "He did not clearly have any median nerve distribution numbness symptomatically." The second exam was from my April 2006 C&P (Encl 11). The Examiner was a PA-C and part of her report on my back: "In 1994, he had radiation of midback pain to both lower extremities and bilateral feet with certain movements. He can't say which particular movement that was. He has numbness in the low midback to the left leg, right foot numbness that is constant now. DIAGNOSTIC AND CLINCAL TEST RESULTS: 1. Thoracic spine films - Mild degenerative changes with spurring in the mid to lower thoracic spine. 2. Lumbar spine films - Degenerative changes of the lumbar spine with spurring, and minimal old compression of L3 3. CT of the lumbar spine: T12/L1 mild broad based disc bulge without significant narrowing of the foramen. L1/L2 Disc bulging without significant foramina! narrowing. L2/L3 Broad based disc bulge and bilateral facet degenerative change. L3/L4 Broad based disc bulge. Bilateral degenerative change, moderate central stenosis. L4/L5 Broad based disc bulge. Bilateral facet change and mild to mod central stenosis. L5/S1 Broad based disc bulge. no significant foraminal narrowing. DIAGNOSIS: 1. Lumbar 4/5 and 2/3 minimal disc bulging 2002 2. Multiple levels of bulging disc in the low thoracic, thru out the lumbar and sacral 1 spine with varying degrees of central stenosis 2006 3. Degenerative arthritis with spurring in the thoracic and lumbar spine. 2006 4. Bilateral Retropatellar pain syndrome 1994 5. Left cortical lesion of the distal left femur. MRI 1995, x-ray 2006" "There has been some progression in L4/5 to mild to moderate central stenosis. This Vet has certainly had further changes in the thoracic, lumbar, sacral spine that is attributed to futher injury in the 2 mentioned MVA's which may still have legal action pending there. In summation there is some progression in the Vets L/S strain and degenerative arthritis there, but within any neurological disability." However, the BVA Again misquoted the examiner’s report, this time changing the “but within any neurological disability." To “but without any neurological disability." which completely changed the meaning of her statement concerning stenosis and I believe therefore constitutes a CUE. As you can see, I had radiating pain from my back before I was ever discharged from the Marine Corps. If the above misquotes had not been made, I should have received a rating for a neurological disability back to when I was discharged. The 2008 BVA Decision also referenced part of my 1996 C&P Exam to decide part of my case. The 2005 BVA (Encl 12) remanded part of my case back to the Regional Office for failure to take into consideration DeLuca. The veteran also seeks a compensable initial rating for his service-connected lumbosacral strain. This disability is rated based, in pan, on the limitation of motion of the affected joint or group of joints. 38 C.F.R. § 4.7la, Diagnostic Code 5237 (2005). Regarding orthopedic disabilities, the United States Court of Appeals for Veterans Claims (Court) has held that criteria which provide a rating based on limitation of motion require consideration of 38 C.F.R. §§ 4.40 and 4.45 (regulations pertaining to functional loss of the joints due to pain, etc.). See DeLuca v. Brown, 8 Vet. App. 202 (1995). Therefore, to the extent possible, the degree of additional disability caused by functional losses, such as pain, weakened movement, excess fatigability, or incoordination, should be noted in terms consistent with applicable rating criteria. However, such has not been accomplished in the present case… The doctor that conducted my 1996 C&P Exam never looked at my Service Medical Records and refused to take into consideration any of my medical complaints or statements concerning prior treatments. My understanding is that by failing to do so render’s his medical opinion as an inadequate opinion. A medical opinion based on speculation, without supporting clinical data or other rationale, does not provide the required degree of medical certainty. Bloom v. West, 12 Vet. App. 185, 187 (1999). In the case Bielby v. Brown, 7 Vet.App. 260, 268 (1994), an examiner failed to read the claim file, and the Court held that an independent medical examiner’s opinion is without evidentiary value where he failed to review the veteran’s record, and thus had no basis of fact or data upon which to render an expert opinion. Therefore, the 2008 BVA should have never used any part of my 1996 C&P Exam to decide any part of my case. This, I believe, constitutes another CUE. THANKS Billy

Thanks Berta, I filed my original claim Nov 1995 and In 1996 the VA ruled 0% for a Back Strain. I promptly appealed it for an increase. My VSO (American Legion, contracted out to the Georgia Dept of Veterans Affairs) kept fighting for a increase for my back claim. As far as I know, there never was any actual claim for a secondary condition. My chief complaints concerning my back were sharp pains down both legs and eventually partial numbness in both legs. This was supported by numerous medical reports and I even testified in front of a Board concerning these conditions. After a few C&P Exams, remands and appeals, I received the BVA of 2008 which was based on my 2006 C&P Exam. The Doctor listed SOME of the neurological conditions I was having beginning while still on Active Duty in 1994 up to the present. The way I read it, she concluded that I had a neurological condition, but stopped short of an actual diagnosis. I filed for an Increase concerning my back condition in 2012. The VA scheduled a C&P Exam and during the course of that exam the Doctor asked me about several of my previous conditions relating from my military service. One of those conditions was the sharp pains down both legs and eventually partial numbness in both legs. Using the DBQ, the Doctor in turn gave me a bilateral diagnosis of: Lumbar Radiculopathy 724.4 1-3-2012 as a secondary. After going through my C-File which I had requested, one copy of the 2006 C&P Exams show that the miss-quote was deliberate as they had wrote "without" on the report as if trying to understand the intent of the 2006 C&P Examiners statement. As stated above, the rater also changed another report. Dr.Choi wrote, “He does clearly have median nerve distribution numbness symptomatically.” But the BVA changed it to: "He did not clearly have any median nerve distribution numbness symptomatically." When I tried to get the VA to CUE themselves, they stated that this statement referred to a diagnosis of "carpel tunnel syndrome." However, had the VA read the WHOLE Doctors Record, they would have found that the Dr. had changed his diagnosis to Degenerative Arthritis of the LUMBOSACRAL SPINE. The Rater left out several medical records and statements which my VSO filed a harsh statement against. But that still didn't keep them from excluding them. One of the Medical Records was dated May 6th, 2005, from a Chiropractor which had a actual diagnosis concerning my neurological conditions: To Whom It May Concern, Mr. Billy Hill has been under my care since 11 /14/01 for a neuromusculoskeletal condition. His primary symptoms of intermittent lower back pain, with frequent right leg radiculopathy, knee pain, and constant right foot hypoaesthesia, have responded with very limited resolution to date. It is my opinion, in view of the lack of improvement seen with the treatment to date and the chronicity of Mr. Hill's lower extremity numbness, and considering the history of knee trauma and the mechanical stresses subjected to the knee and posterior joints of the lower spine as Mr. Hill carried a forty pound Sousaphone in military processional for extended periods, that this condition is permanent and the probability of future resolution is very poor. From what I can see, there were a couple of mistakes made: My VSO did not inform me that the neurological conditions I was having, rated a Secondary Condition Claim. (Just one of Several made by my VSO throughout my case.) The Chiropractor should have included the Left side as well. The 2006 C&P Examiner failed to list a diagnosis. The BVA's/Rater's failure to use all of my Medical Evidence. The BVA's/Rater's failure to send my 2006 C&P Exam back to the Examiner for Clarification. (Which I believe constitutes a CUE.) The deliberate alteration of two of my Medical Records. (Which I can't see how it doesn't constitutes a CUE.) Again Thanks Berta!!! Billy

Evening, not sure if I need to start another thread, however this question goes along with my previous post. Going back to one of the statements that was miss-quoted by the rater: Again, the BVA had instead "without any neurological disability." I believe the this was a deliberate act not a mere mistake. In the paperwork I found a copy in my C-File that had the word "without" written as if to be questioning the statement made by the PA who performed my C&P Exam. According to some of the research I've found on here, this would apply unless I'm mistaking. TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS This tells me that the Rater should have sent the C&P Report back to the PA for clarification, not trying to guessamate what was meant by the PA's statement. Also, I believe that Broncovet was right on the money with his "Cushman Vs Shinseki." It does fit Thanks Broncovet along with Bertha and everyone else. I've still got a lot of reading, learning, and note taking to do here. Please bear with me over the next few months as I piece this together. Billy

Thanks Brokensoldier244th, Truly Sorry about the delayed reply, haven't had any time the past couple of night. That reply gives me a really good starting point to help in my appeal. along with some other ideas I have. Thanks again!!! Billy

Thanks for the reply. That's what I thought a well, must be VA math. Billy

I am trying to find the criteria of how the VA determines the percentage of service connection for radiculopathy with sciatic nerve involvement. I've looked at 38 CFR 4.124a, it doesn't specify. The following is from my recent VA Claim: The Rater stated that "The cited examination shows decreased sensation only." The Doctor Checked the "Moderate" Boxes for Numbness, Left & Right and the "Moderate" Boxes for radiculopathy, Left and Right. Any info would be appreciated and helpful. Thanks, Billy

Thanks Carlie, I 'll give that a try. Thanks and Merry Christmas!!! Bill

meghp0405, I understand what you're saying and where you're coming from. However, hearing loss and bilateral tinnitus for a military musician is a career ending disability especially when Occupational Health removes you from your MOS. Also you have to take into consideration that Degenerative Arthritis of the Spine is also a career ending disability for a Marine. Secondary Symptoms of said Degenerative Arthritis of the Spine, i.e. Bilateral Radiculopathy should have been listed as well. Thanks for your Help and Honesty, it helps me better learn the system. Bill

Thanks for the info, I will check these leads out! Thanks Again!!!

Update and questions: ​I received my "Brown Package" unexpectedly. The VA decided to finally service connect my Left knee after all these years at 10 percent. My right knee stayed the same at 10 percent. I was also service connected for Radiculopathy bilateral as well at 10 percent Left & Right. But the VA refused to CUE themselves. In rating the knees, the VA lumped everything together for both knees. I'm not sure what the code is as they didn't state one. Both knees were rated similar so diagnosing one rating would help understand both. My Left knee flection was measured at 105 with pain starting at 0. In my thinking, the knee should have been rated under the following codes: 5259 Cartilage, semilunar, removal of, symptomatic 10% 5003-5260 (or 5010-5260) should be used to assign a 10% if not 20% rating for the functional loss of use due to not being able to complete repetitive-use testing due to pain which would fall under 38 CFR §§4.40, and 4.45, and 4.49. I also wear a knee braces constantly. As I had stated in a previous post, the VA had misquoted two doctors in my 2008 BVA which would have to a service connection of Bilateral Radiculopathy from my date of discharge. I was treated twice while in, it mentioned in my original notice of disagreement and within my testimony in front of a 2002 BVA. Apparently they are trying very hard not to give me a EED for this using the fact that I didn't have a DX. I'll have to check my records but I thought I did. Also wouldn't treatment while active duty be enough? They also only gave me a Mild Rating of 10% even though the C&P Doctor of 2013 marked the C&P Exam at Moderate Levels which would be 20%. My MRI of 2006 showed: So if the C&P report of 2006 showed spinal stenosis in the Diagnosis block, wouldn't that also point to a DX of Radiculopathy? Also part of her report: Thanks

I had tried for years to get my Left Knee Service Connected. Note: My Right knee was previously service connected. The Fall of 2010, I was consulted to VAMC Dublin from the local outpatient clinic for MRI's of the knees due to pain. After being prescribed hinged braces bilaterally for osteoarthritis in Jan 2011, I was consulted to VAMC Atlanta. After the Doctor played games with me, he finally agreed to scope "one" knee. I chose my service connected right knee as it usually gave me more problems. Aug 2012 Knee Scope. Documented Findings: two tears of the meniscus. Undocumented Findings: A healed partial tear of my ACL. I was discharged back to my local outpatient clinic after my Post-Op Appointment. Jun 2013, I reported into the Local VA Outpatient Clinic on Crutches as I could not walk on my Left Knee. I was sent to the local hospital for X-Rays to determine whether or not I had arthritis. I was also scheduled for a follow-up appointment 45 days later, which I kept. Instead of waiting another two years for the possibility of a knee scope, I used a local clinic that repaired a tear to my meniscus and determined that I had scar tissue due to a previous knee injury. This resulted in my Left Knee finally being service connected with a date of Aug 2012. What I'm wondering is there a way to get the VA to help pay for my surgery considering that I had first went through them on two different occasions only to be blown off? That I had to seek Out-Side Medical Treatment due to their inadequacies and failure to properly treat me in the first place. Thanks

I understand where you are coming from, that's not a problem. However, let me give you an insight. Before I went into the Marines, I was a trained musician as well as a entry level auto mechanic. While in service I lost part of my hearing, injured both knees and ended up with degenertive arthritis of the spine (DDD) along with a few other things. The hearing loss ended my military career so I burshed up on my automotive skills before I got out. By the time I did get out, my other injuries had started to kick in. I've had to work in a field that has been determental to my health because of my military injuries to provide for my family. I've had three surgeries in less than two years and require two more due to my injuries. For the past 38 months, I've work for the Marine Corps as a heavy mobile equipment mechanic. However I've spent the past three months on light duty. Being honest, I work with a really good bunch of guys, most vets, some not. They know that I have no problems pulling my weight however, there are phyical requirements that I simply cannot do because of my disabilities. The guys I work with understand this and make accommodations for me. As I said, I work and I do a good job, but I'm also a realist. I realise that once my Term is up, I will no longer be able to contine in this line of work. The skills I learned in my youth will no longer allow me to put food on my table and provide for my family. That would require me to be retrained into another line of work that does not interfer with my injuries/disibilities. I'm the type that would rather fix the problem now and not have to wait untill I'm unemployed trying to provide for my family. I hope this gives you an insight into why I would want to go ahead and participate in Voc Rehab. Also from what I've read, somewhere around 42% of the Vets who qualified for Voc Rehab were employed at the time of their acceptance. Thanks Bill