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Arthritis is a last resort rating, mainly for pain. It can be applied to any joint with painful motion. If the knee is already SC, and it got worse, you need an increase. Instability developed as a degenerative condition cause by arthritis. The rating official should have noted that the knee was already SC. You cannot SC the same knee twice. its the same as pyramiding. I would claim that the degenerative condition was arthritic, and it developed into instability. The MD already validated that, but worded it wrong.

I just read that and the Dr's info. (I read it fast before and in my head I linked your left knee SC, not right) oops. Right knee is already SC. You need an increase, you cannot SC a right knee secondary to a right knee. The rating official should have been on that right off. Your knee instability in an increase in your disability.f, Code 5257 The knee can also have too much motion from side to side or dislocate regularly. This can happen when the tendons and cartilage are damaged and can no longer support the knee joint properly. If there is only slight instability, then it is rated 10%. If there is more instability that might cause the knee to buckle or dislocate every now and then, then it is rated 20%. I however, it is so unstable that it gives out or dislocates regularly, it is rated 30%. http://www.militarydisabilitymadeeasy.com/kneeandleg.html#too

The biggest part will be the opinion they used to deny you. Is there any other opinion listed in your evidence list from you award denial? If there were no other opinions used as evidence, then put in the appeal asap. They have to take your Dr's opinion, no option. They must provide a more convincing counter opinion to deny you benefits.

Get a request in for the DBQ and opinions that they used. Send it to the privacy office at the RO, not the FOIA route. The PO has to respond to your request. Once you have the DBQ and the opinion you can figure out what they did. I dont think your IMO was bad, but that does not mean that the RO applied it properly. If they failed to use all of the information, you have a solid complaint. They do it all too often and get away with it if you do not follow through to get your C File or additional info that they used to come to the claim decision. An example would be your IMO states multiple citations, yet they could have read the C&P opinion done by a NP and ignored everything else. You wont know until you get the file or privacy act request. I use a form VA 3288 and uploaded it directly through EBenefits. When they failed to respond in 30 days, I called the WH hotline and complained, then it only took a week or so get finish. Send it to Wisconsin and its 6 months. This way is faster. https://www.va.gov/vaforms/va/pdf/va3288.pdf

Really strange. Call 800-827-1000 and see what they have on their schedule. If you were awarded 30%, then the claim should have closed. If, however, there were other issues that were deferred, you may have a C&P for something else. There are also quality assurance programs run by the Inspector General, so you may have been a lucky one and drew the short straw. You can also check EBenefits site for open claims, it would also tell you what the C&P may be for if you have an open claim.

If you have scoliosis identified in your original claim decision as service connected, then you have an issue. To me, this would be a clear and indisputable error as long as scoliosis is in the record. I have the same issue, a disc injury in basic lead to scoliosis which was identified 18 months later at my permanent duty station when I went to sick call for back pain. My spine rating reads-" Lumbosacral strain with intervertebral disc syndrome and degenerative disc disease (also claimed as spinal stenosis, low back strain, lumbar strain (chronic), mild thoracolumbar scoliosis, spinal instability)" CUE is a last resort. They have the RAMP program open right now. I would write it up, make a full documentation of the issue, and point out not only the effective date but also the lowballed rating. If you hit the sweet spot, 90-125 days and it's over. If they get belligerent, you are still able to push through to the BVA.

Check out Benjamin Krause website for a huge source of info on this. https://www.disabledveterans.org/chapter-31-voc-rehab-page/

Ive been doing it for a few years now Kilino. I go to AA and am seeing a lot of veterans that have no idea what benefits they have earned that can help them. Today I hauled a Vet up to the VBA and we put in a claim at the state VSO office (my first try w/vso, but this was a difficult issue with a homeless vet that needed mental help). Getting help for Vets like this is great. If there was a law against it, I guess I would be a criminal. Im not going to stop.

The reason he said they were not using the DRC was because they didnt have time or resources to get the DBQ's done. According to him and the VBA at the Lk Nona VAMC, the DRC program doesnt exist because the VSO's just dont or wont use it. It would be a great program if they were able to get the DBQs done but they have not even taken the first steps to coordinate it. Its a sham at this point, good press, but nothing else.

I was in the VSO's office today (Florida dept of Vet Affairs) and asked about the 30 day program. VA advertises this as : The Decision Ready Claims (DRC) Program is the fastest way to get your VA claim processed. You can get a decision on your claim in 30 days or less by working with an accredited Veterans Service Organization (VSO) or other accredited representative. At first the Rep had no clue what I was talking about. When he finally broke down and admitted he did, he stated that it was a headache and they did not use it because then they had to coordinate the C&P exams. The whole thing appears to be a joke on Veterans. Anyone have different results in this program yet? https://www.benefits.va.gov/compensation/drc.asp

New info on obesity; VAOPGCPREC 1-2017 http://www.veteranslawlibrary.com/files/VAOPGCPREC1-2017.pdf

Gratz

https://www.hillandponton.com/working-receiving-tdiu-time-yes-possible/ https://cck-law.com/news/protected-work-environment/ https://www.veteranslawblog.org/tdiu-benefits/ Good advice on this issue.

I was in the 2/75th Ranger Bn. Weeks before they were deployed to Grenada, I was sent to Germany. Did I get pissed? Yes. Depressed? nothing that a good beer and a 5 mile run the next day would not cure. It could not rise to the level of stressor for me. Its ancient history now. By the time the first Gulf war went down, I was to old to re-up and stayed on the sidelines. Rite of passage? To me, it was being ready to go when I was told. To young for Nam, to old for the Gulf, but I served with honor. Asknod is correct, they will ask some tough questions about your stressor. If the answers are not believable, it will become an insurmountable issue. Get a good Psych and get him to document this professionally, without that I do not think that it will happen.

Couple days? Changes should reflect in your disability percentage pretty quick.

Not sure but it sounds like you think the 10% was low-balling your condition. They did that to me, you are not alone. You can call Peggy (the VA customer service #-800-827-1000) and get them to submit a request for reconsideration. Your 10% is yours, they wont take that back, but reconsideration opens the claim again and then you can upload a statement into the EB site to show that you should be rated higher. Write a letter showing the mistakes made in the C&P exam and document where your medical records show that your condition is worse than what the examiner said. If you want to add more medical evidence then use RAMP. This is a very common problem with VA C&P exams. This info was already in the case file at the VA when they made my decision, it was the rating official that failed to account for facts contained in my case file when he rendered the decision. The new RAMP appeals are designed to let them catch these errors before they get to the BVA level. If you appeal for a higher rating, you will not lose the SC that was already awarded, so you cant lose that unless they find significant mistakes or fraud. You would have to get notice of an intent to decrease which you could also fight and appeal if you lose. At one point, the VA ratings held a 74% error rate, which means that 3 out of 4 claims had errors in the decision rendered at the RO (according to the American Legion).

RAMP is still a beta type program, its not set as permanent so things can still change. I know that it did mine quickly, and I won. The appeals should be starting in Sept (?) for ramp, but could be out to Jan/Feb if they dont have it together yet. It should kick in in 2019 as a permanent process and if you are in the beta program, you will get put in front of everyone for higher appeals according to the VA propaganda I read last May.

The NIH also can get you some of the peer reviewed journal articles on spine issues. What you have at the spine universe site is sufficient to introduce as common medical knowledge. I have used that before to provide a basis to show that C&P exams were Bull%#!t. First time they tried to say I was not qualified to diagnose myself, I countered w/statement that I didn't diagnose anything, only proved that the C&P examiner contradicted common med knowledge and could not be given credibility. I have a folder on my PC full of this stuff. (tell me its sane....)

Makes sense. The appeal will close, so DAV will be noticed if they represent you. Looks like they send out notification automatically like computer generated? The VA letter is the solid here, you will soon see a new claim for the RAMP in EB.

Give it a day or two. EB is not that reliable.

I am. I am rated 60% for LLE due to partial paralysis of the sciatic nerve, 10% on the RLE. No other nerves, but spine is SC @40% and every nerve comes from the spine. Scoliosis is included w/spine so anything that comes from that will be secondary (for the rest of my life).

My NOD--> RAMP took about 65 days +/- from 15 May 2018. It was originally 6 Sep 2018-15 Dec 2018 but closed 19 Jul 2018. Dont go by the EBenefits estimation, its never right. It sounds like the RAMP your Atty put part of you claim for the earlier effective date in should be done pretty fast.

Submit it all and ask for a reconsideration from the BVA. If your documents were in your CFile, they should approve it right off. If not, you can withdraw the reconsideration so you can appeal the BVA decision for an EED. Just watch the clock so you dont go past the deadline for the appeal.

If they find a condition when they are doing a C&P, they can award it automatically if they want. Dont appeal it, just apply for the increase. If there is no medical exam showing that an increase is justified in your file, you will not win an appeal. If there is, just ask for a reconsideration.

File for secondary conditions. If you have a NON VA PCP get them to write it into your medical records and get a copy to submit when you file the claim. It would be nice if the MD you go to noted an etiology that ties the knee and hip issues to your old injuries. Its more obvious than not though but if you give them 1 chance to screw ya over, they will jump in there with both feet. Secondary conditions are not as bad, just need an MD to pipe in and tie it together to make sure it flies. Any other secondary condition caused by knee and hip conditions can be claimed. If you have back pain just get a MD to tie that to your hip/knee condition and you can claim it.