WomanMarine

Digging in ... Thank you Broncovet.

Updated post:

I have been revisiting my service-connected injury and believe I may have a CUE. My original post: The claim I filed was recently denied. They used the same verbiage in this denial as they did in 1980. In 1980 they stated: "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. " I will assume that the V.A. is meaning that I did not have any 'subsequent medical treatment'. If that is the case, the V.A. failed to take into consideration the treatment that I had three months after discharge where they put me in a full leg cast to correct my sublexing patella. Because there was an 'on-the-job' accident associated with this episode, I also lost my brand new job with Southern Pacific Railroad. In 1980 I applied at the San Francisco VARO, my medical records were the Los Angeles V.A. I did find that the SF VARO did have a copy of my Vocational Rehab application, that I submitted after I had the cast removed in 1976. On that application it does list where my medical records were. However I made the mistake and I did not realize that there were actually two systems, the DoD and the V.A. I was rated 10% by the DoD and not rated by the V.A. and used that rating to apply. Of course I was turned down. It was not till last year that I actually got these records that state that my disability was service aggravated and the rating. Because the V.A. must assist the veteran in record gathering and failed to do so in 1980. As well as they are doing today, they have yet to come up with the records, does that make this a CUE?

I have a VSO, but as helpful as 'tits on a hog' ... Which is kind of 'unkind' as she is new, but one would think they would train before they would replace. However, at this time, I may know more than she ... and that is not saying much! I will be handing in a FOIA when I visit the V.A. to get the complete record. I am still looking for an attorney, but figure I will do better once I understand what is the exact position of the V.A., as it does not make sense to me, at this time. Semper Fi!

Okay ... got my denial letter today. I am totally blown away, but not surprised. The V.A. has lost six months ... SIX months of physical therapy records. These records prove that the condition from my DoD rated service-connected injury persisted after I was discharged. As well as the fact that that they, at that time, rated it at zero percent. Five years later, I was on and off homeless and my knee gave out on me again, tearing ligaments. However this time, I was told that it was that it was the 'natural course' of my Recurrant Sublexing Patellar. AND this time my zero percent was taken away. Wouldn't one think, if previously diagnosed with "RECURRANT" sublextion and there was currently a diagnosis of torn ligaments that the injury has NOT repaired itself? :o Because of my homelessness, I moved around a lot and have no idea if there was a chance to disagree with this finding. but it is something I clearly have to deal with today, as this 'life long' injury has effected my employment and my knee and back are only going to get worse. So ... moving forward, I have an appointment with my RO to review my C-File this week! I was impressed with that, but not sure what I may glean. I am told the only way I can get a complete copy is if I submit a FOIA, and it can take several months, depending on the file. But I can get individual copies and hope to get some info on the 1980 decision. I got the appointment through the 1-800#. If this would be as simple is showing the VA had a CUE in 1980 should I go for a DRO because it will take less time? And then later file for retro, if I can prove my case? Or does it appear that I am SOL? :( Original thread: I've been service connected since 1975 and haven't received a dime

Thanks Chief. You most likely are correct, as I did ask were some of my files were sent and 1-800 said Janesville. Thanks for the info!

Copy this Gastone. I live in MO and am only 70 miles from STL. I plan on visiting and collecting my C-File. But am waiting for finality of this first claim, so as not to upset the apple cart. OoRah!

I was considered a 'first rate' 0151 in the Corps, I will square it away! I will always testify that it was the Corps that gave me the bit of grit that I recognize today. I just wish I would have came out of the 'fog' earlier. I am anxious to review the 1975 medical records, which are -finally- on the way to me. I am not one to 'scam' the system, as the Corps did drill some values into my soul. But in the same token, I have a 'love hate' relationship with the Corps, as they took as much as they gave. But I am realizing that, in my twilight years, it is time to 'square some issues away'. And I believe the Hep C is on the Corps shoulders. As well, shame on the V.A. for not alerting me that I was a 'meat bag' of virus! The V.A. knew from 2009 that I 'potentially' had Hep C and did not inform me till May of 2017. The least they should have done is give me a 'heads up' ...

Thanks for the response Buck and thank you for your service! It was actually a column written by Asknod that led me to this forum, as he is working with Hep C. In 2009 I had a heart stent put in by the V.A. @ that time, unknowingly to me, they tested me for Hep C. I tested positive. They again, unknowingly, tested me in 2011, positive again. But they never told me! In January I applied for my knee, as it has gotten unbearable. In May I get a letter from the V.A. asking me to contact them. I am thinking this is about my 'pending' claim, it is not, it is to inform me that I have Hep C and they want to do more tests! Trust me, I am floored, as I do not fit the profile for Hep C and the only place I can figure is ... Darn Marines! Now they are finally addressing the issue and getting me on viral drugs ASAP, as my viral count is outrageous! Really ticks me off that they waited all this time, but I also understand that there was not a good cure for all these years. I agree I need my C-File ASAP and I thank you for the contact. However I will wait till this first claim is complete before I request, as I understand it can slow things down. My C&P examiner stated that after this claim is complete I should file one for Hep C and DDD Lumbar. MRI is being scheduled through Choice for lumbar ... This should be interesting, as I have never used this program. I start Hep C drugs on 8/11.

Actually I 'may' have that card, as I recall running across it a few years ago. Of course, if I do, I will not remember where ... I will come across it someday, when I don't need it ... I am not sure what my ROM is. All the measurements that were done are posted. I am thinking this is it? " R: Flexion: 5 to 110* Extension: 110 to 5*ROM L: Flexion: 0 to 115* Extension: 115 to 0* " How do you see "two" rating, Hamslice?

Gastone, first off, thank you for your service! In 1975 I believed that I had filed for my disability, as I was awarded a special 'card' that stated that I was 'service-connected'. Understand I was 20 years old and not the 'wise' woman I am today and knowing of the .gov ways. However, I should have followed up more closely and that is what I believe that I did in 1980 when I refiled. I was never aware that I could 'challenge' the V.A. and at that time, the $$ award v. the battle was a consideration. Over the 40> years I have lost a considerable amount of paperwork. However, I believe that I have reconstructed the trail and have but a few days to wait for the documents that will 'paint the picture' ... one way or the other. And over the years, this injury has cost me by taking away from my employment. I am thinking the More Likely than not' statement is a good sign too! However, in the meantime ... I had an appointment with V.A. today ... primary. She is going to assign Ortho clinic and schedule MRI of lumbr and hip. She also told me my C&P examiner had made a 'note' today in my file. I checked MyHealthyVet, could not see the note. Checked my eBenefits and saw this: Status of Your Claim Pending Decision Approval Submitted: 01/20/2017 (Compensation) Estimated Completion: 08/11/2017 - 08/15/2017 Estimated Completion Disabilities Claimed: arthritis degenerative secondary to right knee condition (Secondary), knee condition right (New) Current Status: Pending Decision Approval I don't know if this is good or bad ... Semper Fi.

Thanks for the info JR Reihs and thank you for your service! I am aware of the pension, but I am not 65 nor 100% disabled. My pension is a widows pension aka survivors pension. I had to take it when I sold off my business, as I could no longer work in my industry because of my ornery knee ... :/ But I did buy five acres that adjoins a 25 acre lake with the proceeds of my business 'profit' ... So at least I have a roof over my head and a very 'calming' environment =)

10-4! Thank you for your advise, it is much appreciated.

Thank you for your response and service broncovet! The VA rated me, within my year of discharge, 0% and put the full leg cast on me. However the VA is now saying they never rated me ... and, so far the VA has not been able to come up with the 1975 paperwork. After all these years I do not have this paperwork in my possession. I just recently, for the first time, saw the DoD rating as I ordered my military SRB and it was within that packet. Five years later I reapplied, as my knee never healed. At that time I was denied and they also took away the 0% rating. I was not aware that I could disagree with their decision ... But now my knee is in bad shape and causing back problems. Maybe my DBQ can shed some light. Again, sorry for the wall of text ... I tried to format so it is readable. It is interesting to note that the examiner refers to my knee as "SC" ... I would have to think that is Service-Connected, am I wrong? **************************************************************************** Disability Benefits Questionnaire Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence Review --------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS 1. Diagnosis ------------ a. List the claimed condition(s) that pertain to this DBQ: right knee condition b. Select diagnoses associated with the claimed condition(s) (Check all that apply): [X] Knee joint osteoarthritis Side affected: [ ] Right [ ] Left [X] Both ICD Code: ? Date of diagnosis: Right 2017 [X] Recurrent subluxation Side affected: [X] Right [ ] Left [ ] Both ICD Code: ? Date of diagnosis: Right 1970 c. Comments (if any): RIGHT KNEE OTHER DIAGNOSIS CURRENT: 1. Very mild lateral subluxation of the patella. 2. Degenerative change involving the patellofemoral joint. 3. Very mild degenerative change involving the knee joint. 4. Very small knee joint effusion. 5. Small popliteal cyst. 6. Degenerative change involving the lateral meniscus. 7. Degenerative change involving the medial meniscus and a tear involving the posterior horn of the medial meniscus cannot be excluded. d. Was an opinion requested about this condition (internal VA only)? [X] Yes [ ] No [ ] N/A 2. Medical history ------------------ a. Describe the history (including onset and course) of the Veteran's knee and/or lower leg condition (brief summary): Military Service Marine Corp: 2/24/1975 - 7/23/1975 and 5/3/1974 - 9/5/1974 Veteran is requesting consideration for direct SC for a right knee SUBLUXATION, RECURRENT residuals. STRS, Medical Board evaluation documented 16 June 1975 summarized: ...initial injury 5 years prior to enlistment running on track and experienced giving way of right knee. She was asymptomatic for a long time. By the 10 week of basic training she began to experience several episodes of right knee giving way during physical fitness training events.. Surgical option discussed and declined. Physical therapy for strengthening conducted. She was found unfit for duty with a 10% disability rating for SUBLUXATION PATELLA RIGHT, RECURRENT. RIGHT KNEE: Per Veteran reporting shortly after leaving medical separation from military service, she went to a VAMC in California. She was placed in a long leg cast x 6 months. The cast was extrememly heavy and finally her boyfriend at the time removed it using a hachet. She had some calf atrophy right side at that time. She was hired by Southern Pacific Railroad and she was on the job training for engineer position. She had recurrent subluxations right knee. Around 1995 she developed an internet system for the MO region. Internet systems changing to satellites from hard wire. She and her associate was required to climb a variety of towers to set up satellites and cables. She once incident in which she was 80 feet above ground moving cable. Her right knee gave way, and luckily she was saved by her safety harness. In 2006 her knee gave way and fell down a few stairs landing on right shoulder. Review of CPRS indicates she had long hx of using NSAIDS. LEFT KNEE: no trauma, intermittent discomfort, crepitus and stiffness. b. Does the Veteran report flare-ups of the knee and/or lower leg? [X] Yes [ ] No If yes, document the Veteran's description of the flare-ups in his Or her own words: RIGHT KNEE: Recurrent instability at random, pain variable but constant, intermittent edema, chronic crepitus, chronic stiffness. She is not in flare up today. Pain mostly lateral aspect, and slight posterior. She has wore instability brace in past but not comfortable. Treatment is NSAIDS, hot or cold packs. No prior surgery, arthroscopy, steroid or Synvisc injections. LEFT KNEE: no treatment c. Does the Veteran report having any functional loss or functional impairment of the joint or extremity being evaluated on this DBQ, including but not limited to repeated use over time? [X] Yes [ ] No If yes, document the Veteran's description of functional loss or functional impairment in his or her own words: pain, less endurance, instability 3. Range of motion (ROM) and functional limitation -------------------------------------------------- a. Initial range of motion Right Knee ---------- [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 140): 5 to 110 degrees Extension (140 to 0): 110 to 5 degrees If abnormal, does the range of motion itself contribute to functional loss? [X] Yes (please explain) [ ] No If yes, please explain: less flexion and lacks full extension Description of pain (select best response): Pain noted on exam and causes functional loss If noted on exam, which ROM exhibited pain (select all that apply)? Flexion, Extension Is there evidence of pain with weight bearing? [X] Yes [ ] No Is there objective evidence of localized tenderness or pain on palpation of the joint or associated soft tissue? [X] Yes [ ] No If yes, describe including location, severity and relationship to condition(s): entire lateral, anterior and superior, slight posterior Is there objective evidence of crepitus? [X] Yes [ ] No Left Knee --------- [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 140): 0 to 115 degrees Extension (140 to 0): 115 to 0 degrees If abnormal, does the range of motion itself contribute to functional loss? [X] Yes (please explain) [ ] No If yes, please explain: less flexion Description of pain (select best response): Pain noted on exam and causes functional loss If noted on exam, which ROM exhibited pain (select all that apply)? Flexion Is there evidence of pain with weight bearing? [ ] Yes [X] No Is there objective evidence of localized tenderness or pain on palpation of the joint or associated soft tissue? [ ] Yes [X] No Is there objective evidence of crepitus? [X] Yes [ ] No b. Observed repetitive use Right Knee ---------- Is the Veteran able to perform repetitive use testing with at least three repetitions? [X] Yes [ ] No Is there additional functional loss or range of motion after three repetitions? [X] Yes [ ] No Select all factors that cause this functional loss: Pain ROM after three repetitions: Flexion (0 to 140): 5 to 110 degrees Extension (140 to 0): 110 to 5 degrees Left Knee --------- Is the Veteran able to perform repetitive use testing with at least three repetitions? [X] Yes [ ] No Is there additional functional loss or range of motion after three repetitions? [ ] Yes [X] No c. Repeated use over time Right Knee ---------- Is the Veteran being examined immediately after repetitive use over time? [X] Yes [ ] No Does pain, weakness, fatigability or incoordination significantly limit functional ability with repeated use over a period of time? [X] Yes [ ] No [ ] Unable to say w/o mere speculation Select all factors that cause this functional loss: Pain, Weakness, Lack of endurance Able to describe in terms of range of motion: [ ] Yes [X] No If no, please describe: not observed over a period of time Left Knee --------- Is the Veteran being examined immediately after repetitive use over time? [X] Yes [ ] No Does pain, weakness, fatigability or incoordination significantly limit functional ability with repeated use over a period of time? [X] Yes [ ] No [ ] Unable to say w/o mere speculation Select all factors that cause this functional loss: Pain Able to describe in terms of range of motion: [ ] Yes [X] No If no, please describe: not observed over a period of time d. Flare-ups Right Knee ---------- Is the exam being conducted during a flare-up? [ ] Yes [X] No If the examination is not being conducted during a flare-up: [X] The examination is medically consistent with the Veteran's statements describing functional loss during flare-ups. [ ] The examination is medically inconsistent with the Veteran's statements describing functional loss during flare-ups. Please mexplain. [ ] The examination is neither medically consistent or inconsistent with the Veteran's statements describing functional loss during flare-ups. Does pain, weakness, fatigability or incoordination significantly limit functional ability with flare-ups? [X] Yes [ ] No [ ] Unable to say w/o mere speculation Select all factors that cause this functional loss: Pain, Fatigue, Weakness, Lack of endurance Able to describe in terms of range of motion: [ ] Yes [X] No If no, please describe: not observed in acute flare up Left Knee --------- Is the exam being conducted during a flare-up? [ ] Yes [X] No If the examination is not being conducted during a flare-up: [ ] The examination is medically consistent with the Veteran's statements describing functional loss during flare-ups. [ ] The examination is medically inconsistent with the Veteran's statements describing functional loss during flare-ups. Please explain. [X] The examination is neither medically consistent or inconsistent With the Veteran's statements describing functional loss during flare-ups. Does pain, weakness, fatigability or incoordination significantly limit functional ability with flare-ups? [ ] Yes [X] No [ ] Unable to say w/o mere speculation e. Additional factors contributing to disability Right Knee ---------- In addition to those addressed above, are there additional contributing factors of disability? Please select all that apply and describe: Less movement than normal due to ankylosis, adhesions, etc., Swelling, Instability of station, Disturbance of locomotion, Interference with Standing Please describe additional contributing factors of disability: interference with climbing, kneeling or squatting Left Knee --------- In addition to those addressed above, are there additional contributing factors of disability? Please select all that apply and describe: None 4. Muscle strength testing -------------------------- a. Muscle strength - Rate strength according to the following scale: 0/5 No muscle movement 1/5 Palpable or visible muscle contraction, but no joint movement 2/5 Active movement with gravity eliminated 3/5 Active movement against gravity 4/5 Active movement against some resistance 5/5 Normal strength Right Knee: Rate Strength: Flexion: 5/5 Extension: 4/5 Is there a reduction in muscle strength? [X] Yes [ ] No Left Knee: Rate Strength: Flexion: 5/5 Extension: 5/5 Is there a reduction in muscle strength? [ ] Yes [X] No b. Does the Veteran have muscle atrophy? [ ] Yes [X] No c. Comments, if any: No response provided 5. Ankylosis ------------ Complete this section if the Veteran has ankylosis of the knee and/or lower leg. a. Indicate severity of ankylosis and side affected (check all that apply): Right Side: [ ] Favorable angle in full extension or in slight flexion between 0 and 10 degrees [ ] In flexion between 10 and 20 degrees [ ] In flexion between 20 and 45 degrees [ ] Extremely unfavorable, in flexion at an angle of 45 degrees or more [X] No ankylosis Left Side: [ ] Favorable angle in full extension or in slight flexion between 0 and 10 degrees [ ] In flexion between 10 and 20 degrees [ ] In flexion between 20 and 45 degrees [ ] Extremely unfavorable, in flexion at an angle of 45 degrees or more [X] No ankylosis b. Indicate angle of ankylosis in degrees: No response provided c. Comments, if any: No response provided 6. Joint stability tests ------------------------ a. Is there a history of recurrent subluxation? Right: [ ] None [ ] Slight [ ] Moderate [X] Severe Left: [X] None [ ] Slight [ ] Moderate [ ] Severe b. Is there a history of lateral instability? Right: [ ] None [ ] Slight [ ] Moderate [X] Severe Left: [X] None [ ] Slight [ ] Moderate [ ] Severe c. Is there a history of recurrent effusion? [X] Yes [ ] No If yes, describe: right only d. Performance of joint stability testing Right Knee: Was joint stability testing performed? [X] Yes [ ] No [ ] Not indicated [ ] Indicated, but not able to perform If joint stability testing was performed is there joint instability? [X] Yes [ ] No If yes (joint stability testing was performed), complete the section below: - Anterior instability (Lachman test) [ ] Normal [X] 1+ (0-5 millimeters) [ ] 2+ (5-10 millimeters) [ ] 3+ (10-15 millimeters) - Posterior instability (Posterior drawer test) [X] Normal [ ] 1+ (0-5 millimeters) [ ] 2+ (5-10 millimeters) [ ] 3+ (10-15 millimeters) - Medial instability (Apply valgus pressure to knee in extension and with 30 degrees of flexion) [X] Normal [ ] 1+ (0-5 millimeters) [ ] 2+ (5-10 millimeters) [ ] 3+ (10-15 millimeters) - Lateral instability (Apply varus pressure to knee in extension and with 30 degrees of flexion) [ ] Normal [X] 1+ (0-5 millimeters) [ ] 2+ (5-10 millimeters) [ ] 3+ (10-15 millimeters) Left Knee: Was joint stability testing performed? [ ] Yes [X] No [ ] Not indicated [ ] Indicated, but not able to perform e. Comments, if any: No response provided 7. Additional conditions ------------------------ a. Does the Veteran now have or has he or she ever had recurrent patellar dislocation, "shin splints" (medial tibial stress syndrome), stress fractures, chronic exertional compartment syndrome or any other tibial and/or fibular impairment? [ ] Yes [X] No b. Comments, if any: No response provided 8. Meniscal conditions ---------------------- a. Does the Veteran now have or has he or she ever had a meniscus (semilunar cartilage) condition? [X] Yes [ ] No If yes, indicate severity and frequency of symptoms, and side affected: Right Side: [X] Frequent episodes of joint "locking" [X] Frequent episodes of joint pain [X] Frequent episodes of joint effusion b. For all checked boxes above, describe: CURRENT MRI: indicates right knee small effusion 7/2017 9. Surgical procedures ---------------------- No response provided 10. Other pertinent physical findings, complications, conditions, signs, symptoms and scars ------------------------------------------------------------------------ a. Does the Veteran have any other pertinent physical findings, complications, conditions, signs or symptoms related to any conditions listed in the Diagnosis Section above? [X] Yes [ ] No If yes, describe (brief summary): Crepitus bilaterally with right More pronounced than left. Atalgic gait with increased weight bearing to the left extremity. No edema or erythema to knees. b. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis Section above? [ ] Yes [X] No c. Comments, if any: No response provided 11. Assistive devices --------------------- a. Does the Veteran use any assistive device(s) as a normal mode of locomotion,although occasional locomotion by other methods may be possible? [ ] Yes [X] No b. If the Veteran uses any assistive devices, specify the condition and identify the assistive device used for each condition: No response provided 12. Remaining effective function of the extremities --------------------------------------------------- Due to the Veteran's knee and/or lower leg condition(s), is there Functional impairment of an extremity such that no effective function remains other than,that which would be equally well served by an amputation with prosthesis? (Functions of the upper extremity include grasping, manipulation, etc., while functions for the lower extremity include balance and propulsion, etc.) [ ] Yes, functioning is so diminished that amputation with prosthesis would equally serve the Veteran. [X] No 13. Diagnostic testing ---------------------- a. Have imaging studies of the knee been performed and are the results available? [X] Yes [ ] No If yes, is degenerative or traumatic arthritis documented? [X] Yes [ ] No If yes, indicate knee: [X] Right [ ] Left [ ] Both b. Are there any other significant diagnostic test findings and/or results? [X] Yes [ ] No If yes, provide type of test or procedure, date and results (brief summary): KNEE,RIGHT,1 OR 2 VIEWS (RAD Detailed) Report Status: Verified Date Reported: MAY 18, 2017 Right knee 2 views. There are degenerative changes present. No fracture or dislocation. No bony destruction. Impression: Mild degenerative arthritis ************** KNEE,LEFT 1 OR 2 VIEWS (RAD Detailed) Report Status: Verified Date Reported: JUL 14, 2017 Report: Two views of the left knee reveal mild degenerative skeletal change with no acute osseous or adjacent soft tissue abnormality. Impression: No acute process c. If any test results are other than normal, indicate relationship of abnormal findings to diagnosed conditions: No response provided 14. Functional impact --------------------- Regardless of the Veteran's current employment status, do the condition(s) listed in the Diagnosis Section impact his or her ability to perform any type of occupational task (such as standing, walking, lifting, sitting, etc.)? [X] Yes [ ] No If yes, describe the functional impact of each condition, providing one or more examples: RIGHT KNEE: Must be afforded opportunity to walk on smooth even surfaces. Must avoid repetitive walking inclines/declines, stairs, and use of ladders. Unable to tolerate prolonged standing or walking. Unable to participate in moderate to high impact aerobics. Unable to tolerate kneeling or squatting. 15. Remarks, if any: -------------------- SUBLUXATION RIGHT KNEE, RECURRENT etiology onset five years prior to enlistment. Recurrent within the tenth week of active duty physical fitness training. Refer to MO. Offset weight bearing shifting toward the left lower extremity. Refer to MO. **************************************************************************** Medical Opinion Disability Benefits Questionnaire ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence Review --------------- Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) [X] CPRS MEDICAL OPINION SUMMARY ----------------------- RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Does the Veteran have a knee injury for direct SC for a right knee injury residuals. b. Indicate type of exam for which opinion has been requested: knee TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR AGGRAVATION OF A CONDITION THAT EXISTED PRIOR TO SERVICE ] a. The claimed condition, which clearly and unmistakably existed prior to service, was aggravated beyond its natural progression by an in-service event, injury or illness. c. Rationale: STRS, Medical Board evaluation documented 16 June 1975 summarized: ...initial injury 5 years prior to enlistment running on track and experienced giving way of right knee. She was asymptomatic for a long time. By the 10th week of basic training she began to experience several episodes of right knee giving way during physical fitness training events... Surgical option discussed and declined. Physical therapy for strengthening conducted. She was found unfit for duty with a 10% disability rating for SUBLUXATION PATELLA RIGHT, RECURRENT. ************************************************************************* RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Veteran is claiming left knee arthritis as secondary to offset weight bearing of SC right knee condition. b. Indicate type of exam for which opinion has been requested: knee TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] a. The condition claimed is at least as likely as not (50% or greater probability) proximately due to or the result of the Veteran's service connected condition. c. Rationale: Chronic pain, less endurance, instability of SC right knee patella subluxation issues has lead to the osteoarthritis left knee. RATIONALE: It is well documented in the medical literature that alteration in gait imposed by the RIGHT knee condition precipitates the development of osteoarthritis in the contralateral LEFT knee. Minor compensations can increase stress on a contralateral limp and predispose the patient to premature degenerative arthritis. Journal of Rehabilitation Research and Development January 2008. Harrison's Principles of Internal Medicine, 18th Edition, Copyright 2012, page 2830-2831. (ISBN 978-0-07174889-6, MHID 0-07-174889-X) Joint vulnerability and joint loading are the two major factors contributing to the development of Osteoarthritis. On the one hand, a vulnerable joint whose protectors are dysfunctional can develop OA with minimal levels of loading, perhaps even levels encountered during every day activities. On the other hand, in a young joint with competent protectors, a major acute injury or long-term overloading is necessary to precipitate disease. Risk factors for OA can be understood in terms of their effect either on joint vulnerability or on loading. Risk factors for osteoarthritis either contribute to the susceptibility of the joint (systemic factors or factors inthe local joint environment) or increase risk by the load they put on the joint. Usually a combination of loading and susceptibility factors is required to cause disease or its progression. Systemic factors affecting joint vulnerability: increased age, female gender, racial/ethnic factors, genetic susceptibility, nutritional factors. Intrinsic joint vulnerability (local environment): previous damage (e.g. meniscetomy) bridging muscle weakness increasing bone density, mal-alignment, proprioceptive deficiencies. Use (loading) factors acting on joints: obesity injurious physical activities. ************************************************************** While the V.A. has never given me a dime ... they recently gave me a cane ... :/

Roger that!

Thank you sir! From my research I am now understanding how important the c-file is and will do my best to acquire. Actually the 'first giving way' was in high school in 1970. I was not diagnosed till 1975 when It started again 10 wks into Boot and finally a complete sublexation and tear of my meniscus. Maybe this is the need for clarification? in any event this lead to my discharge. DoD assigned 10% and stated injury was most likely permeate and service-connected. I am thinking, what may have happened in 1980, is that the V.A. did not have my discharge papers ... Not sure yet. Does this look like a CUE?

Sorry for the 'wall of text' ... First off I would like to thank everyone for their service. Whether you served in one of the honorable branches or are just a contributor to this wonderful forum I have been lurking on, commitment to Veterans is valued. I am a female, Vietnam era, USMC vet. There are not many of us, as during those days they trained the women as the men, resulting in a high attrition rate. I believe it was due to this intense training that I am, in my old age, starting to feel the burn. I was never as proud as the day that my Eagle, Globe and Anchor were pinned on me. It was a lot of work to become a Marine and, sadly, it took its toll. During Boot I started having problems with my R knee giving way. I had this happen to me in high school from running track, but never did my knee cap totally dislocate nor tear my meniscus, as it did that night in the Leather Neck Lanes @ MCRDSD. I was seen the next day in Ortho and subsequently diagnosed with a Sublexing Patella (7244 EPTE) and awarded 10% disability. This was 1975. Within six months after I was discharged, I got a good job with the railroad. The job only lasted a few months, as my knee went out on me while at work. I was seen at the V.A. in Los Angeles. They put a full leg cast on me, which I was to wear for six months. I applied for my disability then, but was denied. I do not recall the exact reason I was denied, but I do recall that there was an issue with my DD214. I had gone in initially as a Reserve, but later went Active. My last period of service was on my final DD214 but not my first. This required a correction and a DD215 was issued. Finally the DoD did get my paperwork corrected. After a few months in the cast my boyfriend removed it, as it was causing me back pain. We were both totally amazed to see my leg that had been hidden for over four months, as it was practically non-existent! It had atrophied beyond belief and took quite a bit of work to regain the muscle. However my knee did not act up for some time. The V.A. had stated they rated me at 0% and gave me a card that stated that I was service-connected. In 1980 my knee decided to go out on me again. And again I applied to the V.A. for my service-connected disability. Again I was turned down. And this time they wanted my V.A. service-connected card, stating I was not V.A. rated. In 1993 I got involved in a new 'fad' called the Internet. I started building small networks. It was a great job, sitting behind a computer, watching my business flourish. In 2000 'dial-up' came to an end, with the prolific growth in wireless comms. My job changed from sitting behind a computer to climbing towers and high rises to install wireless systems. In 2006 my darn 'Marine Corps' knee returned. It was not the sublexion I had experienced in years past, but more of a 'giving way' that caused me to fall down some stairs and injur my shoulder. By this time I had given up on the V.A. ever recognizing my 'service-connected' injury, so I just started wearing a soft knee brace. In 2012 I was climbing a tower and was 80' in the air when my knee decided to 'give way' ... That was a harrowing experience. If not for my safety harness I would have been 'splat' on the deck. I decided because of this I could not climb anymore. And because of this it cost me more to run my business. In 2014 I sold my business, as I was no longer capable of the physical aspect. I took a loss and now live on a small SS Survivors pension. The last two winters have been hell for me, as my knee has now developed arthritis and is causing me sever problems with my back. In 2009 I was diagnosed by the V.A. with DDD of the Lumbar. I am sure that my knee has contributed to this. Also I am now developing arthritis in my left knee. Last summer I tried to be seen for my back in V.A. emergency care, as I had a sever sciatica attack. I waited over four hours and finally checked back in with the ER only to learn that there was only one DR to see the backlog of patients. I left the V.A., once again disgusted. I decided last year if Trump was elected that I would re-apply to the V.A., as he made promises to clean-up the V.A. system. I reapplied the day of his Inauguration. I had my C&P last month. The C&P exam I found in MyHealthyVet and stated that my R knee was recognized by the examiner as: 'Recurrent subluxation R, Date of diagnosis: Right 1970. Knee joint osteoarthritis, both knees, Date of diagnosis: Right 2017. Comments: 1. Very mild lateral subluxation of the patella.2. Degenerative change involving the patellofemoral joint.3. Very mild degenerative change involving the knee joint.4. Very small knee joint effusion.5. Small popliteal cyst.6. Degenerative change involving the lateral meniscus.7. Degenerative change involving the medial meniscus and a tear involving theposterior horn of the medial meniscus cannot be excluded.Initial ROM R: Flexion: 5 to 110* Extension: 110 to 5*ROM L: Flexion: 0 to 115* Extension: 115 to 0* No ankylosis shown in either knee. The examiner noted that my recurrent subluxation and lateral insability of my R knee are both Severe with recurrent effusion. The examiner also noted: Crepitus bilaterally with right more pronounced than left. Atalgic gait with increased weight bearing to the left extremity. Also noted was a recent X-Ray that showed degenerative changes and was noted as Mild degenerative arthritis. The examiner scheduled an MRI and X-Ray of my L knee. The MRI indicated a small effusion. The X-Ray indicated Mild degenerative skeletal change. Under 'Functional Impact' it was stated that I "must be afforded opportunity to walk on smooth even surfaces. Must avoid repetitive walking inclines/declines, stairs and the use of ladders. Unable to tolerate prolonged standing or walking. Unable to participate in moderate to high impact aerobics. Unable to tolarate kneeeling or squatting. Also noted in the C&P: Veteran had CT Scan 2012 Lumbar spine indicating L4-L5 vacuum phenoma, DJD with recurrent cronic back pain/right radiculopathy s/s. She is requesting consideration for a MRI of lumbar spine. Veteran has positive history of MST but "does not want to deal with it at this time". After I read the report and saw that my status had changed from "Gather Evidence" to pending decision with a due date of 9/28/17, I became 'hopeful' that the V.A. was actually finally going to grant my service-connected disability. However yesterday that changed and hence the 'wall of text' I am dumping on your doorstep, in need of help. From my understanding they have sent in a request for 'clarification' from my examiner. As well they have not located my records from 1976 that shows when I initially applied and the course of action. They are now stating that my completion date is 1/18/18. I am well aware that the V.A. is like the military, hurry up just to wait. Is this normal that they would bump the date back this far? AND is there any indication that the V.A. is going to finally do right by this ole vet? If you made it this far, thanks! Semper Fi! WM

Thank you L, I will check it out. Had my C&P last week. It seems I am a V.A. "administrative error" as I applied for my 10% SC after my patella sublexed shortly after I was discharged for it. The V.A.'s response was to put me into a full leg cast for six months ... That did not go well, as my bf took a hatchet to it after about four months, as it was causing me back pain and made my leg atrophy. The V.A. has no record of this incident, nor of my rating. However, when presented with the DoD paperwork, they stated that I should have been rated, back in 1976, with the original 10% assigned by DoD. I am glad that they are admitting their error, but this will not result in a retroactive payment. The damage that it has done over the years to my back (damage to L3 - L5) and other knee are going to be major pain factors for this 61 year old to face in the twilight ... I believe the exam went well. I saw an LPN, she was a vet and was knowledgeable about the difficulties of the USMC boot for women during that era. After I told her about my back problems and how I believe that they were associated to my SC knee, she ordered an X-Ray of my other knee, as she believed that it would have arthritis in it too. She also ordered a MRI be done of my knee. I am told it will take appx. a month to get an appointment. I should have the results of the X-Ray next week. She also said that once this claim has been approved for me to see my VSO and open a second claim for Lumbar DDD. I also told her about the fiasco I am going through with the V.A. over the Hep C. She also suggested that I open a claim for that ... Not sure what it will do, but I want it on record that I believe that I contracted this through the USMC and their use of the 'air guns'. Not sure what to expect ... yet. But so far, the V.A. has tested this WOMAN Marines prostrate and made her an 'administrative error' ... so whatever it might be, I hope I have seen the worse ...!

Great ... I just spoke with the V.A. Benefit line about my claim. They state that they have sent a records request x3 to the Los Angeles V.A., the folks that in 1976 initially rated me @ 0% and they have not returned the records and now state it is up to me to locate the records.

Thank you broncovet, I will check it out!

I got that pic off of HCVets.com, but I am pretty sure that is my unit as I seem to recognize both of the WM's! I do remember that we noted, while standing in line, that they were not sterilizing between shots ... That was one of the 'longest' days in my life! Oorah ...

So I wrote a letter to President Trump ... PRESIDENT TRUMP’S V.A. AND HIS PROMISE TO VETERANS ...

Thank you for the advice Hamslice. I am curious to know, with my window for decision closing in July, when might the V.A. schedule an appointment for a C&P? I would have thought that they would have scheduled something by now ... My medical rating from the USN was for VA rating code 5299 - 5257.

Hello. I am hoping someone can help me answer some questions I have about applying for service-connected disability. In 1974 I was an 'idealistic' teenager and believed that the guys running to Canada to avoid the draft was not appropriate. So at 19 years of age, I joined the U.S. Marine Corps. Little did I know what I was 'setting myself up for' ... During this time the Marine Corps was training women the same as they were training men. We often would joke about the fact that we 'joined the Marine Corps to "become a man" ... but the attrition rate of the females to men was proof of the difficulty of service. During Vietnam there were <2,500 women Marines that served. So it was no wonder that my knees were torn up. After only serving one year and one month of active duty, my right knee finally gave way to "gross subluxation of my right patella" and I was subsequently discharged from the USMC. My case was referred to the Office of Naval Disability Evaluation (CPEB). The CPEB then authorized a service-connected disability rated @ 10%. When I got of out of the USMC, I was hired by Southern Pacific Railroad and had a good job, but still had a persistent problem with my knee, as it would just 'give out on me' and I would be in tremendous pain as my patella would slide to the side of my knee! One evening it happened and I had to be taken by ambulance to the local V.A. Since I had previously declined surgery by the USN, the V.A. decided to put me in a full leg cast for a six month period to stabilize my torn meniscus. After my leg recovered from the atrophy, for sometime I did not have a problem, other than the fact that I had lost a good job and the V.A. was not going to make good on my 10% disability. Rather they rated me at 0%. Later in years I started my own business. It was 'physical' as I had to climb water towers to do site surveys to install wireless services. On one such occasion in 2014 I was on a water tower about 80' in the air and my 'old war' injury returned and scared the 'heck' out of me! That was my last climb. I have had to subsequently sell my business, as I cannot climb anymore and take an early retirement. Recently my knee has been causing me all kinds of pain as arthritis has set in. In January of this year I filed for my disability and also claimed a secondary injury as the arthritis is associated and debilitating. I filed online and submitted all of my paperwork, including my original medical boards. I filed the 'expedited' process as I believed the V.A. would setup an appointment for me to be seen and evaluated. According to eBenefit, my decision is to be made prior to 7/28/17, but I have had no contact with them other than receive an email stating that they received my claim the day I filed. I retained a VSO and she has since retired and her replacement is not due for another month. My original VSO asked me to request an appointment from my 'primary' to obtain an MRI of my knee to prove the arthritis. I set up an appointment and a letter from the V.A. a week later arrived. When they asked me to contact them, I was sure it had to do with my outstanding claim. I was taken back when I was told the reason for their contact. In 2009 I had to have a stent installed because of a blockage in my heart. This procedure was done at the St. Louis V.A. Unknowingly to me, they tested me for Hepatitis C. In 2017 they informed me that I tested positive! I was astounded at why they would wait eight years to tell me this and was even more astounded that I had contracted HepC. However my research has shown it was 'most likely' due to the inoculations I received in boot camp! I remember the day very well of the 'cattle guns' and walking away with a bleeding arm. So yesterday I had my appointment with the V. A. in Poplar Bluff, MO. They were more interested in doing a 'blood panel' on me than me obtaining an MRI on my knee. I had the lab done and then met with my 'primary' who reviewed my lab to see if I did, in fact, have Hep C. Well I was glad to learn that this womans prostrate is fine, as that is the test they ran on me! My Dr. than had them run the HepC panel on my blood. He stated if it was positive that he would call me and ordered an X-Ray of my knee. He examined my knee and stated to me and in his panel that I did in fact have arthritis in my knee, as well it has 'limited motion' with pain for more motion. Since I now know the V.A. can screw-up ... I called them this morning to verify my HepC test. Now they are telling me it is positive! Is the V.A. always this incompetent? And what may I expect now that this ball is rolling? What happens if the V.A. decides to make a decision on my disability and I do not have an active VSO? How long do these claims normally take? I have had one VSO tell me that I should now file for the HepC. And lastly, if HepC is curable, as they say, it should not be a disability unless I get Cirrhosis or Cancer, correct? Sorry for such a long post and thanks in advance for your input.