Tfresh

Thanks for the answers, makes sense. The examiner said the left knee was normal so it could be reduced I think, but they will look at that left knee in the appeal, and not now, while they are rating the right knee for increase. The left knee has held a 20 percent rating for over 20 years, so I know about the 20 year rule and they can't reduce it below that. It will probably be reduced from 30 % which it has been for 18.5 years, down to 20 %. But I do plan on going to a private ortho physician and having stability tests performed and left knee evaluated since I do have a 32 year old ACL repair with a large metal screw in my knee attaching the ligament. My VA ortho docs have said in their notes that the ACL is loose and worn out, but they dont put the numbers to it, like 2+ or 3+. A Physician;s Assistant did my C & P, and she didnt do the test properly. I will submit the private ortho surgeons report to my current appeal on left knee. At least the VA's exam is done, they are very stressful in my opinion.

My SC Right knee is up for increase, and just received a C & P for BOTH knees even though the increase being requested was for the Right knee only. Examiner told me they are now required to examine both knees always when doing one knee. Left knee is currently UNDER APPEAL as of June from an earlier claim. Can the rater who is currently deciding on the Right Knee (it is in Prep for Desicion ) decrease the rating of the Left knee that is currently under appeal status ? Or does a rater have to leave issues that are under current appeal alone ?

Just a side on SSDI retro. My cousin went blind last year and applied for SSDI. He got his benefit last fall, but no retro pay. He was told that he was in the first group to not get retro SSDI.

I was pursuing the knee claim, but I had a DBQ to submit from a private provider instead of the VA exam, which I read that I could do. When I didnt schedule the exam when the VAMC called me, they closed the claim. I have had horrible experiences with VA C & P exams, and all the contentions that brought me to the 90 % were from DBQs from my private physician. VA didn't schedule exams. When they added the knee claim, they scheduled an exam. I chose not to pursue the inferred TDIU right now because I am very close to 100% schedular with several different issues. About the DRO hearing. I have read that it takes a lot more time in an appeal to actually get a hearing ? About the CUE--yes I know they are hard to prove, but there was already an error code on the knee claim, but they closed it without giving a rating, then added the knee onto the new claim. Anyway, I have very strong medical evidence with my knee from VA medical, so Im not sure I will ask for a hearing. Question: when you write your DRO appeal, besides including why I think the issue should be rated differently, do you also include what is going on with the issue such as symptoms, etc? Is there a DRO appeal letter template somewhere ?

any other advice on NOD/DRO would be appreciated.

Thanks broncovet. Yes, I see that place on the NOD where you have to put the decision date. I think the DRO will look at that admin review with all of the medical evidence on the knee since they have to review everything. I think I read from you or another that really its all "One VA claim that starts the minute you are service connected." Maybe I should have folllowed through with the TDIU. Nothing to be done about it now..I will wait for the appeal decision after I file for it. I have learned much by reading through posts here on what to do now. Its just been a long journey, and it continues. I wont stop until I get all my ratings right, since now I have all my SC's.

Hello fellow veterans. I am in need of some advice on how to proceed with my NOD/DRO. Hopefully I can explain what happened without being confusing. I had a knee claim that was in adminstrative review for 2 years based on an error code. I filed a new claim during the time the admin review claim was open, and it was partially decided resulting in a 90 % rating. The claim was left open for an RSVR inferred TDIU. When this claim was partially decided, they closed my admin review knee claim without giving a rating, and the 90% decision letter said "knee claim with error code is referred back to RO of origin for development" After many calls and letters that my knee claim had simply closed with no rating, they finally added it on to the existing open claim with the inferred TDIU. I chose not to pursue TDIU based on being so close to shedular 100%. I did not receive a rating on my knee because I made the mistake of not scheduling my C & P when the VA called to do so in leui of submitting my private doc DBQ. So the claim that resulted in the 90% rating was also closed. There are several contentions I am asking to be reviewed on the 90% claim, two of which I have new and material evidence. I have new and material evidence for my knee as well. My question is, when I go to file NOD/DRO, should I file two separate NODs---one for error code admin review knee claim that closed without a rating, and another for the other three issues on the 90 % claim, or should I just do them all on the 90% claim NOD since the knee was also put onto that claim? I am asking because I wonder if it might be quicker to get a DRO review on a NOD based on a error code on a claim. I feel that they wrongly closed the admin review claim without making a decision that was based on error. Of course, rating it would have lead to a 100% rating for me. So instead they just closed it. I am preparing to file my NOD/DRO this week, and any advice would be greatly appreciated. Should I file a separate CUE on the knee admin review claim? Basically it was that the DBQ said torn meniscus, and they only gave a ROM rating, and did not give the knee a rating based on torn meniscus after a meniscectomy (10% based on code 5259)

It's a long process, but don't give up...you can succeed if you keep fighting for the benefits that are rightfully yours. Just keep going to VA ortho docs and get that giving way, popping and locking documented. If you haven't already, check out the way VA rates knees. You should be able to find that somewhere on this sight, or google it. :-) Ask your ortho doc if he thinks you need a METAL knee brace, or better yet, a custom Don Joy knee brace. It's best not to say to them that you think you need one...let them tell you--they document everything you say a lot of the time, and that could end up somewhere in your claim..I've seen it before studying past appeals--"veteran decided she needed a knee brace" and then put the onus on you for self-prescribing ! You can also apply for the clothing allowance with those. What type of injury did you have with your knee ? Tfresh

The VA examiners generally do as little as possible and are very vague. The VA examiner lightly tugged on my leg and said no instabilityBecause I have filed for increase on my knee three times in a row, and beendenied three times in a row, my claim is now "under review" at the Phoenix VARO. In the meantime, I have hired a private doc (J. W. Bush) in Atlanta who examined me and looked at all of my med recs, which clearly state "significant antero lateral instability" and "2cm subluxation of tibia on femur" . I am hoping that with this IME/IMO report written by Dr. Bush that the senior rating officer reviewing my claim will grant me an increase based on instability. I also have a VA doc saying I have a recurrent meniscus tear, so that should help. I think more vets are using private docs so that facts (and the truth) can be included in claims. I am so glad I FINALLY figured out how important this is !

I have 2cm tibia (ACL) chronic forward subluxation documented in my VA treatment records. On a recent DBQ for an increase from 10% for my knee, a private examiner gave my knee a 2+ on the anterior drawer test (Lachman's test) for instability. What I am wondering is, if I already have 2cm subluxation, wouldn't that mean I technically have a 3++ anterior drawer test. I am going to get an IME and have this recognized. I have had an ACL reconstruction and a partial meniscectomy now with diagnosed recurrent tear and grade III chondromalacia patella. The ACL holds the tibia (shin bone) in place, and it is loose, hence the subluxation. Of course, this was ignored by the VA examiner whose exams got me three increase denials. Anybody else have experience with chronic knee subluxation and VA ratings ?