Mike 44

RATING DECISION MARCH 4, 2002 SERVICE CONNECTION FOR LEFT ANKLE FRACTURE DENIED. FACTS: SERVICE MEDICAL RECORDS FROM MARCH 20,1993 THROUGH JANUARY 20,2000, SERVICE MEDICAL RECORDS ARE NEGATIVE AS TO AN ANKLE FRACTURE, TREATMENT OR COMPLAINT OF THE SAME. VA JOINTS AND GENERAL MEDICAL EXAMINATION DATED AUGUST 7, 2000 INDICATES THAT THE VETERAN REPORTED ON NOVEMBER 1994, WHILE JUMPING OUT OF AN AIRPLANE DURING AIRBORNE SCHOOL HE HAD AN INVERSION INJURY OF THE LEFT ANKLE WITH FRACTURE, HE WENT TO SICK CALL AND HAD TREATMENT FOR THREE WEEKS WITH AN AIR SPLINT. IT THEN STATES. XRAYS OF RIGHT!!!! ANKLE INDICATE NORMAL ANKLE JOINT, ACCESSORY OSSICLE VS OLD AVULSION FRACTURE IN THE SUPEROANTERIOR PORTION OF THE TALAR BONE. UNDER ANALYSIS, SERVICE CONNECTION FOR LEFT ANKLE IS DENIED SINCE THIS CONDITION NEITHER OCCURRED NOR WAS CAUSED BY SERVICE. THEN BELOW....IT STATES THERE IS NO INDICATION IN THE VETERANS SERVICE MEDICAL RECORDS OF A RIGHT ANKLE FRACTURE!!! FIRST INDICATION ARE THE XRAYS TAKEN AT THE VA HOSPITAL ON AUGUST 7 2000 4 MONTHS AFTER DISCHARGE FROM SERVICE. FIRST OF ALL I FILLED MY INITIAL CLAIM MAY 9, 2000..ONE MONTH AFTER DISCHARGE...OF COURSE CLAIMING LEFT ANKLE FRACTURE. SECOND, THEY STATE ABOVE IN TWO OCCASIONS IT WAS MY RIGHT ANKLE THIRD. I TRIED TO LOCATE MY C&P EXAMINATION THROUGH RELEASE OF RECORDS WHERE I ALWAYS GET THEM AND WENT ON THREE DIFFERENT OCCASIONS AND WAS TOLD THERE IS NO RECORD OF THE AUGUST 7, 2000 VA JOINTS AND MEDICAL EXAMINATION IN THE VA CPRS FILE!!! FOR THAT MATTER THERE ARE NONE ON RECORD FOR THE YEAR 2000. NOW I DO HAVE A COPY OF THE XRAY TAKEN DATED AUGUST 7 2000 BUT C&P EXAM IS MISSING THERE IS NO MEDICAL OPINION STATED ON MY RATING DECISION..NO RATIONALE..NOTHING. SO FINALLY MY QUESTION IS DO I HAVE GROUNDS FOR A CUE CLAIM BASED ON THIS EVIDENCE, ERRORS AND MISSING C&P EXAM? YOU KNOW I WAS SO YOUNG AND STUPID WHEN I FILED MY ORIGINIAL CLAIM...GOT A COUPLE OF SERVICE CONNECTIONS AND LEFT IT AT THAT....IGNORANT TO BENEFITS AND VA LAWS AND NOT LOOKING OVER PREVIOUS CLAIMS THOUROUGHLY UNTIL THIS PASSED YEAR WHERE I GOT CANCER(SERVICE CONNECTED) BUT BEAT IT TWICE , BUT IT GAVE ME THE OPPORTUNITY TO START PULLING OUT OLD FILES AND SEEING ERRORS!! I WOULD LOVE AND APPRECIATE SOME FEEDBACK IF ANYONE HAS ANY OR EXPERIENCED A SIMILAR SITUATIONS OR HAVE CITATIONS WHERE SOMEONE WON CUE FOR THESE TYPES OF RO ERRORS..THANKS TO EVERYBODY ,,THIS FORUM AND WEBSITE IS AWESOME.