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OldJoe last won the day on June 11 2016

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About OldJoe

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    E-5 Petty Officer 2nd Class

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  • Service Connected Disability
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    puttering around tinkering

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  1. The biggest issue is that the anxiety is getting the WORST of me. To the point that my wife confided in me that she has been worried that I might not come home one night and instead she'll get a call from the police... Luckily I don't think I am in danger of doing anything like that. But, I think I can understand how some (a friend ex-army) can simply give up hope. My wife took her car in and got it repaired. 2 days later he wasn't with us anymore.
  2. Thanks Foxhound6, luckily though the examiner is my "current" Dr I see for orthopedics and I don't go through the VA. He replaced the last orthopedist who I was very pleased with, but he left to go to a new practice. (If my VSO didn't give me the wrong info, my whole claim probably would have been finished by now if I could have used my original orthopedist) Needless to say, I think I am going to get a new orthopedist. This one strikes me as a "suck-it-up-buttercup" kind of person when obviously some body-part is dangling in an odd angle. Then tells you you have nothing wrong.
  3. Well have decided to see if Dr Bash would be willing to take my case. I had a consult with him and everything seemed to go well. I have gotten all of my records ready for him, now all I am waiting on is a reply. Does anyone know how long he takes to reply? I really don't want to pester him because I know he is busy, but at the same time my anxiety is getting the better of me.
  4. Update: With the how convoluted my claim has gotten I honestly don't know which way is up anymore I am fairly certain I can get more for my claim but am at wits end, not to mention the anxiety isn't helping matters. The last Dr I had hoped would help me turned out to be a VA shill (not only works at the orthopedic center but also at the VA)... Kept telling that's not how it works, that there are people out there that have the same condition and no pain, that there are no studies proving left knee causes right knee failure, and how he has an injury that he isn't taking compensation
  5. Looking through web site print offs of the old military disability made easy. Looking at knees (at different ways to proceed) I went with muscle groups. What was weird is it went full circle to how to classify knee flexion (and hip) code 5314. The description was "think of a hurdler raising his leg to jump over a hurdle". It lists code 5252 for the muscle groups or use the knee code 5261, which is the code for rating the knee based on extension. But this section deals with muscles??? Somebody want to give some insight? I think I remember it saying some where to use the one that fa
  6. Forgive me if my replies seem a bit off. My anxiety has really had an uptick recently and it has affected me mentally and physically. This information helps ,me get myself back under control and helps me plan my next move.
  7. Thanks for the quick reply (makes me feel a bit less anxious). That seems to be what I think is the position (seated) the measurement should be taken from. I am wondering if there are any other methods in which they can measure extension, and if they can pick whichever method favors them if the first method fails to achieve results. Unfortunately with the VA basically outsourcing all their C&Ps it is hard to get them in a timely manner. That site was such a great site until the new owner made a pay site out of it.
  8. What are the different ways examiners can measure RoM of knee extension? Just got results back from C&P finally (after 5 years) got my left knee connected (just need right knee now). Nurse practitioner couldn't get my knee to extend enough in the seated position to get a reading (essentially 0°) next did the flexion test from the lying down position, no problem bringing thigh up to flexion. Straightening it was a different story, struggled to get it to lay flat (0°-135° flexion, normal range). Raters denied me RoM for the lousy extension? I though extension was done from the s
  9. Other update, when I got the BVA denial, I found out that the VA had broken apart my claims and had only gone forward with my BVA appeal for the CUE. The ongoing saga concerning my knees had stopped there. Luckily I did have another letter from a neurologist in my lock box in case they didn't denied my knees again. This one stating that my symptoms could be caused by anxiety, I do have that as well. What is strange is they seemingly ignored a previous letter from an orthopedist stating that my knees were at least as likely as not related to military service. But, that could have
  10. Well, it's been a while since I last posted. Update; Claim for CUE for an earlier effective date got shot down by the BVA (guess no surprise there). After 3 moths of searching and talking to lawyers, finally found one that after reviewing my case said that it had merit. From what I understand from the legalese that was explained to me is that, though there is evidence that suggests a CUE there was (my guess) stronger evidence for a argument based on an unadjudicated claim. To think the letter that stated they had my request for benefits dated 3 moths after I got discharg
  11. VA is playing nasty, they won't let DAV print out contracted C&P results for vets. I have to go and file a FoIA request. That smacks of cheating in my book. If the DAV can see it then they should be able to provide it to the service member they are representing. I don't mind filling appropriate forms for it and signing documents, but that is a load of crock that they cannot provide me with that information (6 month average processing time) so I can assist in making a proper argument and provide any supporting details to counter something that may be presented in a negative
  12. Just got off the phone with DAV in St Louis, they suggested that I submit a letter outlining the details (as mention repeated previously) so that their counsel can use that when preparing their argument. I just need to remember not to go into excruciating detail (like I tend to do) so they can do their work and prepare the argument. Like how they can totally ignore the orthopedist's letter that directly connected the knees to the military. And how between 1996 C&P diagnosis for knees, current C&P diagnosis of degenerative arthritis of the spine (earning me 40%), letter f
  13. Sorry for being confusing, I have been trying to chronicle what has been happening in my claim and subsequent appeal. When I first started my I had this wonderfully [stupid] idea of trying to get the case for my back reopened by claiming secondary knee condition. Unfortunately I had difficulty finding a Dr that would conduct an IMO/IME before my VSO up and sent in my claim. Needless to say what the outcome was... Twist of events, after sitting on the rear burner for 3 years (average I hear) I finally given an appointment for a new C&P. During this C&P I show the Dr the
  14. The only thing that bothers me (though I do not have the opinion from the DR they got a second opinion from) is if pain can be caused by my gait being affected then how can they say my gait isn't affected by my back condition? Especially when scoliosis is noted and scoliosis does affect gate. Not to mention, I didn't think anything in my appeal mentioned gait (could be wrong need to reread). The nurse practitioner stated weakness, which is a symptom of degenerative arthritis of the spine. This should have set off all sorts of red flags requiring other examinations. Instead they si
  15. This is basically how I started my claim. Don't ask, long story, and I shouldn't have done what I did to try and get my back reopen via back door by claiming secondary. Though it sounded smart in my head when I started this fiasco, but it has twisted around so bad that even I get confused. I still don't know how they could turn around and grant me for my back but deny my knees as secondary. Granted I still don't know all the mumbo jumbo/entomology but I am learning. Going to be working up claim for hip next and legs if they don't in the end remand that part for another C&a
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