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ardodd

Second Class Petty Officers
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About ardodd

  • Rank
    E-4 Petty Officer 3rd Class
  • Birthday 12/15/1968

Profile Information

  • Military Rank
    L/CPL

Previous Fields

  • Service Connected Disability
    80%
  • Branch of Service
    Marines
  • Hobby
    poker,hunting,fishing

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  1. In doing some research about Osteoarthritis I found it very interesting and yet very complicated when it comes to this subject. I am posting this as reference only and it is up to you or your doctor/lawyer or whomever is working with you. This is for research purposes only and is not considered as advice or guidance in your claim. This is a comparison of how the United States Veterans Administration looks at Osteoarthritis. And how the Canadian Veterans Administration looks at Osteoarthritis. United States Veterans Administration Guidelines and Clinical Practices for Osteoarthritis. Canadian Veterans Administration Guidelines and Clinical Practices for Osteoarthritis. When you look at the Topic they both seem to be the same. After reading through the Canadian Guidelines I did a Google Search for US VA Guidelines. I was completely amazed and was able to follow along with the Canadian VA Guidelines very easily, but when I started looking at the US VA Guidelines I was almost dumb founded. I am not sure but it seems like the US Veterans Administration has spent so much time adding way too much mumbo-jumbo in their explanation of Osteoarthritis. As Veterans we should not have to read between the lines to get the answers we are looking for. The Canadian Guidelines are very straight forward and easy enough even a dumb Jarhead "Marine" such as myself can read and follow along. No wonder the VA Health System is so messed up. And Lord have Mercy the ones giving the C/P Exam's along with the Decision Review Officers have to decipher their own code just to give you a fair exam. Take it as you may...I am just posting this so others may be able understand more about Osteoarthritis Guidelines that the two different Governments use.
  2. **UPDATE** Dated: February 02, 2018 From: DVA.VBANOL@VA.GOV New Orleans VA Regional Office communications with DAV (Disabled American Veterans) @Berta Albert received this letter from the New Orleans Regional DAV Office yesterday. It was dated February 02, 2018 which was just over a week now. But it does have some good news about his claims, not everything good but it has all going in a better direction. Upon final approval from VA he will be increased to 100% for both PTSD and Temporary Total Disability. He also qualifies for SMC based on housebound criteria. There are other issue's like the VA RO has asked that he be ruled as Incompetent. Which will help with getting him the correct health professionals. I have attached the letter that he received. If you may notice something that I have missed or may not understand I would appreciate your input greatly. Thank you DAV-BVA 2018 Decision.pdf DAV-BVA 2018 Decision pg.2.pdf
  3. Thank you Buck.... You are 100% Correct. Not one of us can predict what any RO or DRO will do or should do. We can only speculate and hope for the best outcome possible on any Claim. Just because it was approved or denied by one RO or DRO does not mean that it applies to my situation or others situation. All I can do is convey any communications or letters from the VA. And post them when I have more questions. Thank you all for your Helpful Advice and Tips..
  4. I claimed Tinnitus because i was a Combat Engineer that dealt with explosives and around Heavy Equipment 90% of the time. I don't know how they decided to make it as secondary as it is not secondary to any condition or claimed condition. I will look and see exactly what I claimed back in November. Then update.
  5. That is kind of what I am questioning myself. As the VA seems to be deciding what is secondary and not. I did claim for Tinnitus, but it was not listed as secondary to left knee osteoarthritis. Not exactly sure how they come to that conclusion, as my ear is not connected to my knee.
  6. Thank you sir for helping explain this to me. I guess I am way in over my head with this whole VA thing. This is a Wish List I filed: "Like it shows it is a Wish List" What you’ve claimed HIP CONDITION BILATERAL (secondary to left and right knee osteoarthritis previously denied as bilateral patellofemoral syndrome) (Secondary) CHRONIC FATIGUE SYNDROME (secondary to L knee osteoarthritis) (Secondary) TINNITUS (claimed as 2nd to L knee osteoarthritis) (Secondary) ASTHMA EMPHYSEMA & BRONCHITIS (claimed as 2nd to asbestosis also as 2nd to R knee osteoarthritis) (Secondary) ASBESTIOSIS (related to: Asbestos) (Reopen) DMII (claimed as 2nd to L and Rknee osteoarthritis) (Reopen) BACK CONDITION (now claimed as 2nd to L and R knee osteoarthritis) (Reopen) HYPERTENSION (now claimed as 2nd to L and R knee osteoarthritis) (Reopen) NECK CONDITION (now claimed 2nd to L and R knee osteoarthritis) (Reopen) RIGHT KNEE OSTEOARTHRITIS (now claimed a bilateral patellofemoral syndrome) (Increase) LEFT KNEE OSTEOARTHRITS (now claimed as bilateral patellofemoral syndrome) (Increase) DEPRESSIVE DISORDER (now claimed as PTSD and PTSD 2nd to L and R knee osteoarthrits) (Increase) UNEMPLOYABILITY (New) SPECIAL MONTHLY COMPENSATION A&A (New) SPOUSAL AID AND ATTENDANCE (New) TEMPORARY TOTAL DISABILITY (clarified as 100% convalescent due to surgery on s/c L knee osteoarthritris) (New) NEUROLOGICAL DISORDER (related to: Environmental Hazard - Camp Lejeune) (New) RENAL DISEASE (related to: Environmental Hazard - Camp Lejeune) (New) PARKINSON'S DISEASE (related to: Environmental Hazard - Camp Lejeune) (New) I guess some where in my mind I remember my father not making any kind of claim from his service in Korea and Vietnam. And how he suffered before he died. And my mother struggled after his death since none of us knowed anything about VA benefits for him or her. I think that's why I decided to claim everything i could think of as it would be on record for my family when I pass away.
  7. I wish i had definite answer myself. As I have been awaiting the outcome since November. In my last communication with the VA they denied my PTSD claim and in their stated that because I had Depressive Disorder Rating that they could only rate me under one condition. So I must await and see what they will for an increase to the Depressive Disorder, since they seem to want to rate me under it cause they could actually not increase my rating. Where as with PTSD they could possible have to increase it to 100%, but with Depressive Disorder they could find reasons to not increase. Such as he can get out of bed on his own - he can use the bathroom - he can talk and communicate with family. So I will just hold my opinion until a Certified Representative can help me understand why they are Denying PTSD and just considering a increase to the Depressive Disorder. If they decide there is a increase. Wish you the best and hope you find the answers you are looking for.
  8. Thank you @broncovet. I feel the same as you do about that. By definition Patellofemoral Syndrome is considered Painful Motion of the patella. And osteoarthritis is the result of wear and tear in the knee. To try and clarify what happened is the VA RO put that I did not have Patellofemoral Syndrome when they Denied my Claim in 2015. After arguing with him for close to 30 minutes he said he would go back and see what he could do. That was on a Friday, then on Monday he called me back and said they decided to grant me osteoarthritis. Which technically it is the current condition, but they still denied the PFS in the first C/P exam. And in the second C/P exam which they granted me after we exposed the NP lying about doing test when he did not. The examiner lied on most of her assessment also, but at the end she was trying to get them to reverse their decision to SC osteoarthritis and deny it. But in the process she admitted I had PFS and Osteoarthritis which is a big deal since they have been denying the PFS for 27 years. This why I must keep bugging everyone so I can make sure I fully understand and can explain it in a manner that is also understandable.
  9. **UPDATE** I spoke to the VA today using the 800# to check on the status of my Claims. While speaking to the lady from the VA I mentioned about a C/P Exam on the 22nd of February 2015. Which was for Increase of Rating for Osteoarthritis. I have since the exam argued that she lied and made false statements. I was able to download a copy of the exam from vets.gov website. At the very end of the exam notes she made this statement: She confirmed what I have said for 27 years that I had it when discharged and it is service-connected. So I asked the lady from the VA that was on the phone, how if the DRO was doing a De Novo Review. How he could miss this or why he ignored the evidence and did not want to correct the claim. After about 5 minutes the lady from the VA come back on the phone and said that it was a Clear and Unmistakable Error. Then for almost a hour she kept trying to defend what was done, and then she finally come back and told me that I would have to file a Claim. And when I file the Claim I needed to file for "Patellofemoral Syndrome" and "Osteoarthritis/DJD". Then in the statement of support I need to be very specific about how I word it. She recommended I ask for a earlier effective date back to June 15, 1999. I must include a reference to the above statement of record from the March 20, 2016 C/P Exam. And request that the earlier effective of Patellofemoral Syndrome and Osteoarthritis be dated back to June 15, 1999. She recommended that I address it as a CUE where the DRO failed to apply the evidence that the C/P examiner stated I had Patellofemoral Syndrome and Osteoarthritis. I have two options if all of this is correct and it is a true CUE: 1) I seek out a Legal Representative ( Berry Law Firm ) that has the experience and legal knowledge to be able to file it correctly. 2) I find a VSR ( Accredited Representative from the DAV ) which is experienced in handling CUE Claims. I am asking that @Gastone, @Berta, @asknod please take me seriously. As I need experienced advise since I would only have chance to prove that the VA has been wrong all this time. Thank you and sorry to be of a nuisance to this community. I do understand as today is a good for me and I am able to think a little clearer. And I know my MH condition does create a problem alot. I do apologize for that.
  10. When we missed the Appeal Deadline we were told that we had to start all over again as the Decision was Final and Closed. I started a Intent to File back in February of 2017 and did not finish that Intent until November 17, 2017. That is why he got a PTSD Exam and a C/P exam for the surgery he had on his left knee from it. I am asking if there is anything now or previously that would cause the DRO to have to issue a SSOC since he had the total knee replacement. All evidence that we have submitted up until the Appeal Denial honestly has not been considered. As all the RO says is that it is not New & Material Evidence. So no matter how many knee scopes and replacement(s) he has they say it has nothing to do with "Patellofemoral Syndrome." We are just as confused as you are. We do not understand how anyone with the New Orleans VA Regional Office can continue to Deny all the past doctor statements and diagnosis's for his knee condition. The DRO at the Hearing even stated that he is Service-Connected for ( Knee Condition ) and they can only base my Claim on what I have now. Which defeats the purpose of a De Novo where he was/is suppose to consider all evidence past and present. Will they have to reopen his Appeal because of his Total Knee Replacement. It shows he continued to have the same problems and worsening of that condition? Yes i did File for IU and Temporary Total Disability because of the Replacement.
  11. @Berta I do apologize as I thought I had control over this situation. To answer your question the time for the Appeal has expired. And we did not get a SSOC from the VSO local office. That is why I am asking since the time has expired and we did not file the VA Form 9 in time the Claim is now considered Final. Is there any way - reason - circumstance that you know of that I can search for to try and get a SSOC from the DRO? As I never come across this before and do not know if there is any way to get the Denied Final Decision Reopened.
  12. @Gastone @Berta @asknod Can i ask a serious if I may? My husband's condition "Depressive Disorder" and hopefully "PTSD" he has trouble understanding what the VA is doing. He also has trouble understanding what a "Deadline" is. As we missed the "Deadline" to file the VA Form 9 on time. My husband in his mind argued that he had one year to complete the process. I just read back through the SOC and yes at first it says you have 1 year, but as confusing as the VA makes it. It also says he had 60 days to complete and resubmit which is only mentioned later and not as defined clearly. Anyways, what I wanted to ask about is when they give the "Reason and Bases" all they mention is the Decision is based on a De Novo Review by the DRO. And that is all it says. There is no explanation or reasoning for his decision. It just looks like it is a "Plain Can Response" If I am reading the post made by @asknod correctly. Maybe I am not smart enough to understand this either. But I am under the impression that the section for "Reasons and Bases" he/she is suppose to explain exactly what he/she reviewed and how it was/is applied to the Claim. And when they go on to explain the Entitlement they say they reviewed the private doctor records, but never refer to any times or instances where the doctor(s) wrote down he had certain conditions that were associated with his discharged condition. If the DRO in his "De Novo Review" did not mention any doctor records or instances can we send in a NOD for his VA Appeal Denial? I am also asking since he misunderstood the Deadline and they Denied his Appeal what would help me to this Appeal back open?
  13. @Gastone that correct the VA give me a 20% SC. They give me SC for "Osteoarthritis" under VA Code 5010-5260, and continued to Deny the In-service Medical Board Discharge for Bi-Lateral. They Rated me under VA Code 5010-5260 instead of the VA Code 5003-5099 This is exact wording that the VA used in my 2015 VA Claim for Compensation: 1) Service connection for left knee osteoarthritis previously denied as bilateral patellofemoral syndrome is granted with an evaluation of 10 percent effective February 2, 2015 2) Service connection for right knee osteoarthritis previously denied as bilateral patellofemoral syndrome is granted with an evaluation of 10 percent effective February 2, 2015 **Notes** 1) They changed the diagnosis, but did not state whether "Osteoarthritis" was connected to "Bi-Lateral" 2) In their Decision they Rated me under 5010-5260 for Painful Motion only. If I read correctly on Veterans Law Blog "Arthritis" is Rated 3 different ways. a) Pain b) Instability c) Motion They only applied Pain and not Instability under (slight-moderate-severe) In both C/P Exams the only conclusions that both NP give where he is over weight and obese. Both examiners in their statements said I have never had any instability or effusion (swelling). I have and they had access to medical records from 2 Orthopedic doctors who said that I had swelling and instability. My left knee had swelling and I had been using crutches to support my knee. Occasionally I would have to use a cane when the swelling is not as bad. And that was one of the statements that both examiners lied about, as they both stated that I did not use or need any device to help with stability. I hope everyone understands that the VA has a copy of all my medical records from private doctors. As the VA hospital in Shreveport, Louisiana has refused to let me see anyone from the Orthopedic department. I have had to go through State funded free health care just to get help. Anyways, I find it hard to believe that the DRO and RO did their job and reviewed those records. If they did surely they would of seen the doctor reports and used that to decide in my favor. I also know I can not Appeal how the evidence was/is applied or interpreted. So I am right back to square one again as they will not accept those medical records as New & Material Evidence. They are not idiots at the Regional Office in New Orleans, LA. They have experience in lying and cheating the government. And trust me they have put road blocks in everytime I think we find something so they don't have to go back and correct it.
  14. @Gastone I guess all of this is my fault. I just can't seem to be able to present my opinion. @Berta I do apologize for my stupid rambling. Hopefully I can find a lawyer to set down and help me one day. No more rambling from me, thanks all for the help.
  15. Thank you @Berta and @Buck52 I did submit from the orthopedic doctor who did the 2 knee surgeries. And then medical records from another Orthopedic doctor who said the same thing. My condition had progressed to a point where it is arthritis. We just got back from the C/P Exam today for my knee's. The examiner was from VES and he listened to my facts and listened why it was progression. He said he would include his opinion about the Bilateral Patellofemoral Syndrome and explain it was progression from it. Hopefully he will, he tried to get measurements for my range of motion but could not as the surgery and the right leg has been locking on me as it bears the weight.
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