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dwbell99

Second Class Petty Officers
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About dwbell99

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    E-4 Petty Officer 3rd Class

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    USA

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  1. Anyone have an idea what the following means? notification letter starts off like this: VA completed your request for Higher-Level Review received on May 4, 2020 and identified an error in assisting you in gathering evidence to support your claim in each of your claimed conditions. VA will provide you notification of the evidence we will obtain to address these errors under a separate cover.
  2. What is my best course of action to try and get this expedited? Claim for freedom of information act / privacy act request updated on July 15, 2020 Status: Initial review We sent you a development letter Submitted on: September 6, 2019 *** View Details *** 1. Claim Received on Sept 6, 2019 2. Initial Review <<<<<< CURRENT STATUS 3. Evidence gathering, review, and decision 4. Preparation for notification 5. Complete Estimated date: June 17, 2021 *** Details *** Claim type: Freedom of Information Act / Privacy Act Request What you’ve claimed
  3. Good News. I submitted a supplemental claim dated March 17, 2020 for bilateral knees secondary to service-connected left ankle disability. Rating Decision dated 04/10/2020 awarded: 1. 10% service connection for left knee degenerative osteoarthritis effective March 7, 2016. 2. 10% service connection for right knee degenerative osteoarthritis effective March 7, 2016.
  4. Claim history: 01/19/2016, submitted claim for "Veterans lower bilateral knee pain and musculoskeletal injuries are MORE LIKELY THAN NOT >50% SERVICE CONNECTED". 11/29/2016, Rating Decision listed: Explanation: Service connection for right knee degenerative osteoarthritis is denied since this condition neither occurred in nor was caused by service. 10/18/2017, submitted claim which corrected the 01/19/2016 service connection with secondary service connection (which VA made an appeal to 01/19/2016 claim) for "Veteran lower bilateral knee strain and painful range of motion
  5. If a statement in the DECISION section of a Rating Decision lists "service connection", does this also cover a "secondary service connection"? If so, where is this addressed in the VA regulations?
  6. I am looking at using Citations as follows: VA examiner's undocumented statement that "In order for the ankle pain to have contributed to the development of the lumbar Degenerative Disc Disease, Degenerative Joint Disease, stenosis, neuropathy/radiculopathy the gait would have to be significantly antalgic and even then it would be unlikely to cause the conditions above" is of questionable probative value because of the following: 1. “If a patient has a condition (i.e. a painful lower back) proximal to the foot and it is aggravated during or after walking or standing, that may be
  7. ie. Citation Nr: 0720781 Wondering how much 'weight' using Citation(s) as references in a Supplemental Claim or HLR
  8. Anyone know any studies that can help support an abnormal gait claim?
  9. I am thinking about this in my supplemental claim. What are your thoughts? The VA medical opinion dated March 18, 2019, is more reliable as the rationale is better supported; the condition in the VA medical opinion is more accurately described as osteoarthritis, whereas the medical opinion provided by Dr. Vet lists strain and painful range of motion, which, per DBQ is not a current diagnosis. Rather, patellofemoral pain syndrome (pain in the front of the knee and around the patella, or kneecap. ... Problems with the alignment of the kneecap) and knee joint osteaoarthritis are shows as dis
  10. also found this: 38 U.S. Code § 5107(b) Benefit of the Doubt states "The Secretary shall consider all information and lay and medical evidence of record in a case before the Secretary with respect to benefits under laws administered by the Secretary".
  11. That makes sense. I was thinking that the C&P should have evaluated all conditions not just the ones addressed in the one I submitted. Also since Pain was not recognized as a disability by itself until 2018 (DBQ from my Dr was 2017) maybe that may have had some weight in the VA's decision. Seems that the C&P just copied my Dr's DBQ then changed the claim.
  12. VA changed "lower bilateral knee strain and painful range of motion" to "knee degenerative osteoarthritis" after they failed to diagnose "lower bilateral knee strain and painful range of motion" during the C&P. Is this legal? DECISION: 1. The previous denial of service connection for left knee degenerative osteoarthritis is confirmed and continued. 2. The previous denial of service connection for right knee degenerative osteoarthritis is confirmed and continued. REASON FOR DECISION: On October 18, 2017, Dr. Vet provides a medical opinion that your lower bilatera
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