WomanMarine

I had totally forgotten about this post, forgive me for double posting. AND now I think I 'get it' ... In 1980 for the V.A. not to rate me at least 0% THAT IS THE CUE! Not the fact that they could not find their records. But for them not to rate me at 0% AGAIN last year, that is another CUE? Well I believe now that my L knee and back are now involved and and I have applied for IU, I am hoping that I will shortly be approved. I think I will pass this on to an attorney, as I am pretty 'thick skulled' when it comes to the V.A. Sorry again, for my double posts.

Okay, now that I have been at this for over a year, I am now starting to understand the V.A. I was medically discharged in 1975 with a recurrent dislocating patella with a DoD rating of 10%. I started having problems, as noted in my SRT, in my 10th week of boot. It was not till a year later, when bowling @ Leatherneck Lanes, that my patella completely dislocated, tearing ligaments and my meniscus.I was seen the next day in Ortho, with a 'grossly sublexed patella' and subsequently discharged for this condition. Two months later I landed a job with Southern Pacific Railroad. About a month into the job, again, my knee went out on me causing me to 'crash and burn' at work. I was seen that evening at the V.A. and referred to Ortho, who placed me in a full leg cast for six months. Because of this I lost my job at the railroad I then applied for Vocational Rehabilitation and put on the form that I was 10% disabled. I did not realize that it was a DoD rating v. a V.A. rating. I was subsequently denied, but it was never explained to me the difference of DoD v. V.A. Again in 1980 my patella went out on me, again tearing my meniscus and ligaments. I went to the V.A. and was X-rayed, which showed torn ligaments. I then applied for V.A. disability. I was denied, but did not know this till recently and why, as I was homeless and did not receive the notification. According to the V.A. they submitted form VAF 21-526. They stated that I "did not receive subsequent treatment for my injury since my discharge." Which was obviously untrue, as I had been seen by the V.A. for this injury only four years earlier, only three months after my discharge, and lost my job because of it. Today the V.A. cannot find the records of my 1975 - 1976 6 month Ortho rehab. I can understand losing them 42 years later, but not 4 years. I am hoping my claim is wrapped up with the V.A. within the next month, as I had my final C&P last week for my back. I have three discs that are protruding, one is on a nerve. This is due to my gait being off for the last forty years, because of my SC knee. OH and my SC knee, they rated at 30% and took it away as they said that it was a prior injury to service and was Service Aggravated. During the Ortho exam, after the 1975 accident on base, I stated that, once as a teen my knee gave way running track. For all I know, I could have stepped on it the wrong way, as my patella never dislocated and tore ligaments ... But the V.A. now insists it is Service Aggravated and gave me 10% for arthritis. After I was service-connected and applied for an increase, the examiner that rated my knee recently amended the exam and said that, because my condition is so severe that my left knee must now be included, as well as a bilateral factor, as I have arthritis in that knee, as she said, because of my gait. And she ordered an MRI of my Lumbar. The MRI shows DDD from S1 L1-L5. And specifically L4-L5 which I was recently told that I will need surgery, as they are compressed and pressing on a nerve. Recently I located my physical fitness entrance exam and it makes no note of ANY issues and passes my lower extremities. I believe, because of this that the 30% for my R knee, that was denied should be awarded? Do I have a CUE from the 1980 error? Thank you for reading my question? Oops ... I posted this question a few months ago: The V.A. is driving me nuts!

Hey Gastone, thanks for your response! I could agree with your statement, but the fact is the pre-existing has really been blown out of proportion ... I simply fell while running track, one time. I never tore any ligaments until after boot. And to top it off, I had an accident while training for league bowling on base. It was the following day that I had a "gross subluxion" ... My C&P says in 1970 I was diagnosed with subluxion of the patella ... I was NEVER diagnosed, as I never went to a doctor for this minor event. As well, my entrance does not show any issues on my knees. I don't believe that I had a final physical on discharge. C&P Exam July 2017 R Knee.pdf

Thanks Grumpbox and thank you for your service! Bank is not my issue at this point ... It is the darn VA and their reading glasses ... :/

I do have a premium account with ebenfits and it states I have 10%. I get what they are trying to do ... say it was pre-existing and rate it from there, rather than from when I was discharged ... I would hope they would take into consideration my pre-enlistment physical, with no issues. RO took it out of hardship after they agreed to 10%. Lol, these folks are scoundrels! :o I found a few hundred that would represent payment from August 1 to present for 10%. I can be patient, as this will help keep the lights on! =) But I am really getting sick of the VA ... :(

I got a deposit today around $300 ... I am really ticked, they did not look at my evidence! :( AND how can I have had a 30% disability prior to service and they still let me join? Also, according to my physical, I was just fine. And I really was, this was a small incident that has really blown out of proportion and they will not recognize that there was an accident involved ... :/ This is going to take years ...

I just got an email from the WH VA correspondent. She gave me the decision, where I see they did not consider my evidence ... but it also state this and I have NO CLUE what it means ... except I think the VA is still screwing with me .. :( "You were previously denied service connection for right knee patella subluxation in our decision of May 23, 1980 because it was shown to have existed prior to military service and was not found to have been permanently aggravated beyond a normal progression by service. You did not appeal that decision and it is final. We requested an examination and medical opinion in relation to your reopened claim. The opinion provided that your recurrent subluxation which existed prior to military service was permanently aggravated beyond a normal progression by military service. Therefore we can establish service connection on the basis of aggravation. Service records show you reported five years prior to service you experienced giving way of the right knee. You did not experience other episodes until military service. You state you experienced several episodes during military training, however there was no specific injury in service resulting in any subluxation. Examination noted a grossly subluxable right patella with the with the knee moderately flexed. You were separated from service due to the reported instability of the knee. Current VA examination notes a history of severe recurrent subluxation. You are shown to also have mild instability. Service connection for right knee subluxation with instability (previously claimed as right knee patella subluxation) has been granted because this condition, which existed prior to military service, permanently worsened as a result of service. The difference between disability evaluations before and after military service determines the degree of disability subject to service connection. Prior to service, the disability is considered 30 percent disabling based on evidence that showed severe subluxation. Following military discharge, the disability is 30 percent disabling because the evidence shows severe subluxation and mild instability . The preservice percentage is always deducted before assigning any service-connected evaluation less than 100percent. An evaluation of 30 percent is granted for recurrent subluxation or lateral instability of the knee which is severe. The effective date of the grant of benefits of 0 percent is January 20, 2017, the date of receipt of your reopened claim. This is a grant of benefits sought on your notice of disagreement. "An evaluation of 30 percent is granted for recurrent subluxation or lateral instability of the knee which is severe. The effective date of the grant of benefits of 0 percent is January 20, 2017, the date of receipt of your reopened claim."

Enjoy the visit, drive and game! =) I worked in St. Louis almost 20 years climbing high rises and water towers ... I am very happy in my 'hole in the woods' .. thank you. IDK if congratulations are in order ... :( I found this information on my ebenefits. I don't understand the effective date and again, why they did not rate me on my original application that was for subluxion of the patella, which is what I was discharged for. Not that I am not grateful, as I am in a pickle right now ... At least the small payment should be in time for me to keep the electric company at bay. I did go in today to ebenefits and refiled everything they missed and then some: knee condition left (Secondary), knee condition bilateral (Secondary), right knee arthritis (Increase), hepatitis C (related to: Hepatitis C) (New), Musculoskeletal - Knee (New), degenerative arthritis (New), Musculoskeletal - Mid/Lower Back (Thoracolumbar Spine) (New), sleep apnea (New), hypertension (New), heart disease (New), unemployability (New) My VA Dr said I should file for Sleep Apnea ... due to the narrowing of ... something. I also filled for unemployablity. I wasn't sure that I could file on my hypertension/arteriosclerosis because I am not sure it would be considered SC. And the Hep C came from the John Hopkins VA, I am pretty confident on that issue. And I was not sure how to file on my subluxing patellar, so I filed Musculosketetal Knee. Well ... at least it will keep me busy for a few years ... :o It is pretty amazing that today in the news we witness the disparaging of our fallen soldiers. I mark the day with the VA finally recognizing my service after 42 years and get to top it off with posting my percentage on Hadit! I may get emotional ... Semper Fi!

And there it is ... But what is weird is that they gave me 10% for the arthritis and I did not have arthritis when I was discharged. Shouldn't be secondary? And I was not rated on my primary ... I don't get it ...

Jeeze, 15 years Broncovet. I am so sorry ... :( But I am so glad you got a roof over your head! This was part of my concern, too ... as the VA made me homeless in 1980, just like you. I guess that is why, when I sold my business, I bought a small property, an RV and am working on a cabin I started building in 2014. I have just barely enough funds to keep the .gov from taking it for taxes ... I burned wood all last winter as my heat ... Let me tell you, that was not fun for an old gal! However I love being in my MO Ozarks. My property sits on an 18 acre lake and I am the only one in the association with 'lake' access. I wake up in the morning with deer in my yard. I maybe poor, but I have a wonderful view ... =) Try the hotline Broncovet! Finally having the time to get this moving again is proof, the VA works, as long as one works it! Did I read that on here? Lol!

Oh and just an FYI ... On the last conversation I had with the VA I was told that the WH wanted an update on my case. I guess it pays to call D.C. and maybe our President is really trying to change the VA? IDK, but glad that 'hotline' was there and they have been following up with me. Semper Fi! =)

Thank you Hamslice! I got a call from VA yesterday afternoon. From the conversation I believe that I gleaned the fact that they were finally approving my DoD rating of 10% and have one or two other items on deferment. She also said that I could apply, now, for Voc Rehab ... I really wish they would have figured this out in 1976 ... but that is life. I am just finally happy to get the VA to admit that I am a disabled vet; especially after all of these years! I have ordered my CFile and will be counting on you guys and this excellent forum to help guide me, as my VSO seems to be as useless as a tit on a boar ... :(

This problem is not the VA, but my darn bank deciding to sell itself in the process ... Seems I always have the luck :( It is weird how they are settling the claim, almost like they are vacating the 1980 decision. I found out the medical records that they claimed to have reviewed in 1980 are no longer in existence. So I guess the question is, were they destroyed prior to the 1980 decision? If so, would that amount to a CUE? Does the VA every find a CUE on its own, or does it require another claim? Thanks, as always, Brocovet! Oorah! BTW ~ Navy Widow. And they said the Marines and Navy don't mix ... Lol!

I received a call from the St. Louis RO this morning. I was told I was 'granted' but was not given more information. My bank changed hands this week and I needed to update my electronic deposit information. I logged into ebenefits and saw that my original info had been deleted. It stated that I elected to receive payment by mail. I called Peggy who said my claim may have just been approved, as he could not find paperwork on it, at this point. I guess after all these years I can wait a few more days, but it seems after reading these forums that the first clue of an award is checking ones bank account. I was also told that I may have not got what I wanted, as I was applying for both knees, one of which is service connected, the other has arthritis because of my SC knee. I was told that my VSO did not put in a claim for secondary, but it does state it in my appeal. According to ebenefits, it appears that they granted my original claim and not the appeal. Would the VA just look at the original DoD rating of 10% in 1975? Or would they consider my recent C&P and upgrade my percentage for the one knee? Has anyone received their initial check by mail? If so, how long did it take? I ask this, as I had to file a financial hardship Thanks for your thoughts!

Sadly I understand all too well about homelessness Broncovet. When I first applied for my compensation in 1980, I was homeless and denied. I am no longer homeless, but I am way behind on my utilities and winter is coming to the midwest. :/

I hope that is not the case Broncovet ... and very sorry you had to go through that. :( That happened to me on the first denial of this claim back in 1980. I could not imagine that today. But I was contacted yesterday by the folks from the WH hotline, who forwarded to the VA. They stated that I should hear something next week and if not to notify them. UPDATE: I just received this email: " Thank you for your message to President Trump regarding your Department of Veterans Affairs appeal, which was forwarded to the Appeals Management Office for a response. Upon receipt of your inquiry, we reviewed your record and determined that your Notice of Disagreement (NOD) has been assigned to the St. Louis Regional Office for processing. Given that yours is a hardship case, we are contacting St. Louis and requesting that they expedite your appeal. We hope this response to your message has satisfactorily addressed your concerns. Please feel free to contact us directly at dir.vbaamo@va.gov . Respectfully, Appeals Management Office (397) Veterans Benefits Administration Washington, DC 20420 Click here to Reply, Reply to all, or Forward 1.41 GB (9%) of 15 GB used Manage Terms - Privacy Last account activity: 22 minutes ago Details VAVBAWAS/AMO/COMMS Show details "

I was discharged in 1975 with a recurring subluxing Patella. The DoD rated me 10% and stated my injury was Service Aggravated. Two months after I was discharged, my patella sublexed again, tearing my meniscus. I was seen at the Los Angeles V.A. where they applied a full leg cast that I was to wear for 6 months. I had just started working for Southern Pacific Railroad, who terminated me because of this 'on the job' injury. After the cast was removed I applied for Vocational Rehabilitation. I was not aware of the V.A. and DoD dual rating system at that time and stated that I was 10% service connected. I was denied. The cast must have stabilized the area. I did not have an episode of tearing my ligaments till 1980. I was then seen at the V.A. and this time applied for compensation. I was denied. The reason for the denial was because the V.A. stated that I had not had any other issues since my discharge. They failed to address the first issue, only two months after my discharge, which also cost me a good job. After that I pretty much gave up on the V.A. :( In 2012 my knee injury came back to visit me on a 120' communications tower. I was 80' in the air when it gave way. Good thing for my safty harness! I have since re-applied for my disability as this injury has now cost another job. In May I contacted the original V.A. that did my first medical intervention, two months after my discharge in 1975. I have made numerous requests over the last few months. At first I was told that they located my records. I have been told multiple times that they have been mailed. Today I received a response from IRIS: "" Based on the information available to us we were unable to locate (in your electronic claim file) the Los Angeles VA Medical Center (VAMC) medical records to which you refer in your inquiry, from the time frame 1975 to 1976. We also note the regional office has requested these same records multiple times: we have not yet received these from the VAMC." My pending claim has now turned into a DRO. NOD submitted 8/18. The reason for the denial this time is the fact that the V.A. is using the same verbiage as the denial in 1980, stating that I never had any followup medical treatment. I have had to apply for a Financial Hardship, as I am sinking ... I am behind on my utilities and received a disconnect notice for my electric. I have not been informed if it has been granted. What happens if the V.A. cannot locate these medical records? They do have the DoD records where it shows that they considered my injury 'Service Aggravated' However the medical records prove that I was treated only two months after discharge and that I lost my employment because of my injury. These medical records are in direct conflict with the 1980 denial.

I have my medical records coming from facilities that I was treated. However one facility that treated me two months after discharge is now stating that they cannot find my records. Still working on ordering cfile. I am still unclear on the FOIA. :/ I do not have that card in my possession today as the VA took it and issued a standard card when they denied my in-service and diagnosed disability. But I did have it for over four years. I was more curious if anyone had one issued as I cannot find a picture of it anywhere on the net ... but hey, that was the 70's.

Has anyone had any luck with the WH hotline? I called and they said they would get back to me in 10 days. They did, only to copy the V.A. 'cherry picked' statement from my medical board for their reason for denial. When I tried to respond with the actual entire board where it states: "It is the opinion of the orthopedic consultant that she is unfit for duty and that the question of service aggravation must be entertained. It is the further opinion of the consultant that she should be referred to the Physical Evaluation Board for disposition." and the associated PEB that rated me, email bounced.

In 1975. two months after I was discharged, my 'service-connected' injury returned to my life to cause me to lose my first job out of the Corps. I was discharged for a subluxing patella, DoD rated @ 10%. I had just gotten a good job with Southern Pacific Railroad and was at work when it occurred. My knee completely sublexed, tearing ligaments and the meniscus. The V.A. put me in a full leg cast to stabilize the region. Since I was just a 'trainee' for the railroad, I was fired. I was told that the DoD rating was only for my severance pay, which I eventually received. I was told that I did not qualify for a monetary benefit, but I was rated 0% and given a purple V.A. card that had a triangle on it. It stated that I was service-connected. I am curious, as now the V.A. is saying I was not rated and I believe I was rated 0% in 1975, did anyone else that was SC receive one of these cards? In 1980, after my knee subluxed again, I filed for compensation. At this time they said allI is fine and it was just the natural progression of my knee ... BUT they required that I turn in the purple card and issued a blue card. Were these health benefit cards handed out without checking against the records? Thanks!

No, I do not have any records of the accident. But I do know that the next day I could not work because of it and was seen in ortho. And no I have not ordered my cfile. I know I really should have it. I did visit the St. Louis MO RO and saw my application for Vocational Rehab from 1976, which stated my dates of treatment, within two months of my discharge. I was hoping that the C&P exam that they gave me would have sufficed as my Nexus. I believe it was pretty accurate, tied my left knee and back into my right knee. But she did make a few mistakes with dates. And she was also very sympathetic, as she was a Vietnam vet, and knew of the physical rigor that would sometimes turn into trauma, women Marines had to endure. I think I have taken this as far as I can without getting some legal help. My VSO won't even return my phone call ... I don't know what my 'time frame' is for my 'informal DRO' but I received this yesterday: ..." At this time your Notice of Disagreement (NOD) dated August 18, 2017, is pending development and has been brought to the attention of our Appeals Team for further review. We will review your NOD and if we determine we need additional information, we will contact you via U.S. Mail. NOD’s are worked in the date order in which they are received and are many in numbers. We have received the information you provided on September 27, 2017, for your request for a financial hardship. At this time, a decision has not been determined. Please allow more time for a decision. It is important to note that the appeal process can be a length proves and the length of time it takes to complete the appeal process depends on several factors, such as the type of appeal filed, the availability of evidence needed and VA’s pending workload. Your patience is appreciated. We apologize for this inconvenience this may have caused. Thank you for your service to our country. " I really wish they would stop thanking me for my service, when they won't do their job ... :( AND I wish they would get a better editor than Adobe .pfd ... What is up with that?!?

Yeah it is funny how they always quote that part rather than ... "She was first seen in the orthopedic clinic concerning her knee on 10 March 1975 and subsequently seen on several occasions with pereistent symptomotology. On 7 Apr 75 it was noted she had a grossly subluxable right patella with the knee moderately flexed." "She has continuted to note instability of the knee with frequent episodes of apparent subluxation of the patella. It is the opinion of the orthopedic consultant that she is unfit for duty and that the question of service aggravation must be entertained." "It is the further opinion of the consultant that she should be referred to the Physical Evaluation Board for disposition." Time to lose the dogs!

I contacted the new White House hotline and told them of my problem. This is their response: Thank you for contacting the White House Hotline regarding your continued denial of you knee condition. Your claim was originally denied 5/23/1980. The reason for the denial as taken from the Rating Decision: Service Treatment Records note the Veteran was seen with a diagnosis of recurrence of subluxation, right patella. She states she initially had problems five years prior to service when she was running track and experienced a giving way of the right knee. She was asymptomatic for a long period of time but began to experience several episodes when she was about 10 weeks into Marine training. She experienced subjective episodes of instability of the knee associated with running. She had no specific injury to the knee. On 4/7/75, it was noted she had a grossly subluxable right patella with the knee moderately flexed. An arthrogram was ordered which was negative therefore, she was started on quadriceps sitting exercises pending consideration of surgery. She continued to note instability of the knee with frequent episodes of apparent subluxation of the patella. It was concluded she was no longer fit for retention in service. Physical exam at the time of survey from service revealed no effusion of the knee with moderately tender medial joint line but good ligamentous stability. The McMurray's test was negative and plane X-rays revealed no abnormality. She was subsequent separated from service. VAF 21-526 does not show that she has required any subsequent since service. The evidence does not reveal aggravation beyond the natural progression of the original injury. You were denied again in Rating Decision dated 8/8/2017. The reason for the denial was that the evidence continues to show this condition was not incurred in or aggravated by military service. The evidence continues to show that you condition existed prior to military service and was not aggravated beyond the natural progression due to service. Please submit any new and material evidence as it pertains to your claim/appeal. We encourage you to work with you service officer, American Legion throughout this process. We received your appeal on 8/18/2017 regarding this condition. You mention a financial hardship. Your claim may be expedited if you currently fall into one of the following circumstances: terminally ill, homeless or otherwise experiencing very serious hardship. To request that your claim be expedited based on such circumstances; please submit that request in writing with documentation of your hardship. You can submit via: • upload through eBenefits portal • fax to Evidence Intake Center at (844) 822-5246 • mail to Evidence Intake Center at – Department Of Veterans Affairs Evidence Intake Center PO Box 4444 Janesville, WI 53547-4444 Thank you for your service, Sarah Department of Veterans Affairs Veterans Benefits Administration What my medical board fails to state was the fact that there was an incident on April 6th, the day before I was seen in ortho with the "gross sublaxation", I had an accident while bowling practice at Leather Neck Lanes for Marine Corps tournament. This is why it states in the attached 'medical board' that the injury is from 'sports'. My knee had "given way" before, but never had the patella completely subluxed tearing the meniscus and ligaments. The ortho board also states that Service Aggravation must be entertained. I just don't get it ...

The 'lump sum' wasn't much Chief, I think a few months ... I would gladly repay to get this settled. The issue is, this is costing me and almost breaking ... I had to apply for a financial hardship to move forward. I am not sure if it is going to be granted as I am only behind a few months now. I had to sell my business in 2014 because of this darn knee, I was a tower climber and almost fell off of an 80' tower because of it ... :/ As far as a Nexus letter I have my recent, I believe favorable, C&P Exam, wouldn't that work?

Thank you Chief. Good stuff! It is the 1980 denial that falsely claims that I had no other medical treatment, they ignore the fact that they treated me for the same injury only two months after I was discharged. I believe the V.A. actually did rate me @ 0% in 1975. They issued me a health benefit ID card with a purple triangle that stated service connected. I was told that I did not qualify for monetary benefit because I took the small severance pay from DoD. In 1980 when I was formally denied compensation, they then took that ID and issued a standard blue health benefit card. They also claimed that I did not have any further medical treatments after I was discharged as the reason for denial. The Los Angeles V.A. has failed to produce the 1975/76 records. I have sent them several requests. :(