JBrown76

He checked his ebenefits and they denied everything as not service connected. Except his tinnitus from being in field artillary for 6 years. And his left knee scar from surgery was rated at 0%. Is it normal for a decision to come back that soon? He had his C&P on the 5 of June and they made a decision on the 12? Now we are just waiting on the letter to see what was reviewed. As far as evidence goes, if a C&P examiner says that the condition is less likely to have been service connected. But a specialist says Yes it is. I thought according to the tie breaker, they were to give it to the servicemember. His ortho says he has arthirtis and joint disease. His ratings came back saying denied not service connected. As far as appealing, will a letter from his ortho and primary care doctor help? Or will the VA consider that not new evidence. Thanks to everyone. Ya'll have been so helpful.

Thank you so much for the response. He was never overweight from the time he joined the KS guard until he left active duty. He weighed 148 and is 5'10 when he was discharged in 2002. He was an avid runner while he was in. He was running his 2 mile in 12.30. By the time he was discharged and had so many knee problems, his 2 mile went up to 16.00 if he didn't have to fall out due to the pain. All of that is documented in his records that we have copies of. In the almost 20 years since he got out his weight went from 150-220. But he quit smoking a few years ago as well as not being able to exercise. He just went for his yearly physical and does not have high blood pressure, diabetes or any other health issue other than being overweight. Which he and his primary care doc have discussed. He would love to get back into working out and running but it is just too painful. He plans on taking the notes from the C&P to his orthopedist and his primary care doc to see if we can get a head start on a rebuttal. I'll be using your tips for when we get the copy of his c-file. Thanks again for all the responses.

When my husband ETS from Ft Polk, he had a friend at the hospital, who made a copy of his medical file for us. That's the file that we uploaded to ebenefits when we found out they didn't have his records. He's going to request his c-file so we can see what evidence they have been using. Even though, he thought his recent exam went well .from reading the C&P notes, it did not. The PA stated my husband is morbidly obese (he is not, he overweight but not morbidly obese) he was never weighed so how would the PA know. He stated for everything my husband claimed that it was less likely than not caused by military service. the notes state that my husband's pain is only subjective because he did not have any of the objective symptoms of pain such as pupil dilation, sweating, and increased heart rate. He stated that my husband's headaches are not related to his service and that he only had dehydration from his heat injury. Every note from that incident says it is a level 3 heat injury. This PA even contradicts the civilian orthopedist that has been treating him. The C&P PA states that he does not have arthritis or joint disease. The civilan doc completed the knee questionairre stating the he has arthritis and joint disease. I guess he's going to have to appeal this rating when it comes back.

He uploaded his files prior to submitting. It was last month when he uploaded them all. He asked for an increase for his left knee, and to reopen the right knee, heat stroke and wrist condition. he did several secondandary conditions for each one as well. He actually saw a doc for his C&P today. It was a veteran doctor this time, who did a very through exam for his left knee, wrist, and the secondary condition of headaches. The right knee, heat stroke are a supplemental claim according to the paperwork he received. This doctor actually measured his scar, and did more testing than he has ever had anytime he went. Since the last xrays they had were from 2003, he sent him to take new ones today too. And stated that they should be getting the images from his civilian doctor soon. We asked if they had his records and the doctor said yes, and he told us that there were no files at the time of the 2014 claim decision or the 2003 decision. How do you go about getting the claim backdated? Does he have to wait for a decision to appeal or is it something that can be done now? He still has to go for another appointment for the supplemental claim. We are just waiting for his civilian doctor to write out a nexcus letter. Thanks everyone for all your assistance.

redac-2003 va rating.pdf

I'm not sure if I can attach any images yet. I only have the option to insert an image from URL. Is there something I'm missing?

He isn't within a year of his last denial. He went in 2013 after his right knee surgery hoping that this time they would rate his right knee and increase his left. No luck and he just gave up. Plus he believes that since he didn't deploy, he would rather have the VA concentrate on those veterans. As far as his heat stroke, he was air lifted from the field At Ft Polk, 106 degree core body temp and rescuitated twice before he got to the hospital. He was unconcious upon arrival. He was only responsive to pain and then only for a brief moment. He spent two days at the hospital. He's had headaches since then, but only one is documented in his service medical file. The whole heat stroke is documnted and there's about 10 pages of records for just it. I've made copies of his file and seperated them into each condition and highlighted the important parts. Thanks for your answer. Hopefully Berta can fill in on the details of a CUE.

My husband was medically discharged in 2002. He got his VA rating in 2003. In his VA rating, they state they do not have his complete medical records. On his Rating decision from the VA in KS they state for evidence they have his VA exam in 2003, a partial service medical record that includes his enterance physical from 1993 and 3 pages from his left knee surgery. That was the only medical records they had. He got 10% for his left knee, but was denied his right knee, his wrist condition, and his heat stroke where he was air lifted from the field and was a level 3 tramua. On his wrist condition, they state- the VA exam found no current disorder. and that there was a history of sprains. They go on to say, the complete service medical records are not available and it is not known whether there were wrist complaints in service. Since no current disorder is found, service connection is dened. Aren't they completly contradicting themselves there? And there are no history of sprains in his records, only a diagnosis of wrist tendonitis. How could they have done a complete review without his complete records? He even brought a copy of his records with him to his first VA appointment and they stated they had all his records. He then went back to the VA for an increase in his knee rating and to reopen his right knee and his heat stroke. Again he brought in his right knee surgery MRI, xrays and surgeon notes. The doctor would not look at them since they were on a disk, and refused to let me in the room with him even after he asked to have me with him. Again they did not have his records and he was denied an increase and they denied service connection for his heat stroke. He has reopened his claims again this time, and asked for an increase for his left knee. We have notes from 2 civilian doctor stating his conditions have worsened and that they are from his time in service. He also has uploaded to ebenefits his entire medical file and civilian doctors notes. He has 2 screws in his left knee and a 7 inch scar. Does nayone have any advice on how to proceed. Is this a CUE or do we need to just continue to appeal or reopen if he gets denied again?