Electronic Tech

Thanks everybody for great responses. I will file my papers in a few days and report any progress. BTW, I thought that Arthritis is compatible with x-ray evidence. We'll see. Electronic Tech

Hi Carlie, Thanks for your great and lengthy response. In the cover letter that the VA sent me last month they are asking for; evidence that the condition existed from military service to present time. Any treatment records related including reports or statement from doctors, etc, etc. Dates and places treated at VA. My statement or statements from others, etc. Because I have been seen be their Orthopedic Doctor (who did a very poor job) (and why didn't he send me to an MRI?) (Yes, I know not to say that.) and I have the sick call record. I wouldn't think that getting this SC'ed would be a problem. In their Orthopedic Doctor's report, he stated; "I gave the patient advice how to do quadriceps exercise with ankle weightlifting with full extension at the knee, to avoid certain activities, and to return to the clinic p.r.n." There was no other treatment provided! No bed rest. Is a C & P exam different than seeing their Orthopedic Doctor as I have already done? And do I need to request it? No, I'm not looking for IU as I'm getting Social Security. Thanks, Electronic Tech

Thanks for all the great replies. I have a 10% rating for Tinnitus since 2007 after fighting the VA since 1968. Then I fought them for retro pay and after a long battle won that with some great help from the DVA. The first time that I have claimed this knee was last year. I just got their first response and form about four weeks ago. Then I sent for medical records. I don't know why it should be a problem to get SC as I have the sick call record on it. As stated, there has always been pain and the limp. But one get accustom to a certain amount of pain and I didn't notice the limp. People would ask me; Why are you limping?" and I would just say "it was from an old army injury." So, I was busy with life and never had any specific medical care for the knee. If needed I can get buddy statements from family and former co-workers later. I'm waiting now to hear more from carlie. My research has found this: Here is an exert of the 38 CFR telling about the x-ray evidence for Arthritis. It is in 4.71a the Musculoskeletal System. 5003 Arthritis, degenerative (hypertrophic or osteoarthritis): Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below: With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations 20 With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups 10 Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion. Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic codes 5013 to 5024, inclusive. Here is the what is considered major and minor joint groups: § 4.45 The joints. As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations: (a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.). (b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.). © Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.). (d) Excess fatigability. (e) Incoordination, impaired ability to execute skilled movements smoothly. (f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions. Hope this helps. Here is a link to the 38CFR if you need it. http://ecfr.gpoacces...2.97.26&idno=38 Thanks Everyone, Electronic Tech

Hi All, I filed a claim of an injury to my right and I'm ready to file the Statement In Support Of Claim. I would like feed back from the more experienced vets here. I need to mail this in a couple of days. Thanks for any help. The injury to my right knee occurred in February 1964, I have (attached) a copy of the medical record from when I went to sick call for that injury. I have always had a slight limp and mild pain since then. The pain has grown progressively worse since the injury. I have had no other injuries to this knee. A few months ago the pain would go very sharp waking me up three or more times every night. On May 27, 2009 I complained about the knee at the V.A. Clinic at McClellan where Dr. Ashcraft, M.D. had x-rays taken and sent me to the Orthopedic Doctor at Mather. On June 22, 2010, the Orthopedic Dr. Locum Tenens gave me a very brief examination, he stated that I have a little arthritis in the knee and I shouldn't walk on it much. No further treatment offered. Dr. Locum Tenens' (attached) report clearly states; "Diagnostic Tests: X-ray of the right knee showed early degenerative arthritis of the Patellofemoral joint, with Patellofemoral spurs. DIAGNOSIS: Early Patellofemoral arthritis and chondromalacia of the patella. Dr. Locum Tenens also advised me to avoid walking and riding bicycles. I do have a slight limp nevertheless, Dr. Locum Tenens was unable to detect it during the two short steps that he had me take within the very small examination room. My work requires me to be on my feet most of the time. My work place is 950,000 sq feet in size. I'm unable to do most of the things that I need to do and I found myself getting depressed and feeling inadequate because of this constant pain and inability to perform my required work. I took the issue to my private medical doctor. Dr. Daniel Sewell, M.D. did a through examination, took x-rays, then sent me for an MRI. The (attached) MRI found: "tear of the medial meniscus, tear of the lateral meniscus and osteoarthritis." My doctor said that I needed surgery and that he will write a report that this is more than 50% likely service connected. (attached) On July 14, 2010 I underwent arthroscopic surgery to my right knee, which was followed by several weeks of Physical Therapy. Of course I had to be off of work for six weeks. The knee is improved, however, I continue to suffer pain in the right knee and a slight limp. I think that this is due to the degenerative arthritis that resulted from the initial injury of 1964. Also, I have taken early retirement as I was unable to perform all of the required duties. Electronic Tech

I want all to know that you should never give up. I had a Video Conference in regard to retro pay for tinnitus back to 1968. I got rated for tinnitus in 2007, but way back in 1968 and at least three times since, I was denied a rating. My Video Conference was held on February 14, 2010 and I received the results on June 16, 2010. The order said: "An effective date of November 3, 1970, and no earlier, for the grant of service connection for tinnitus is granted." I'm pretty sure this is a win! I had a representative from the DAV. I only wanted to go back to 1992 as that's as far as my evidence would go. He insisted to trying for as far back as possible which was 1968. Thank you DAV and Hadit.com

Hi Carlie, My claim was for Hearng loss and tinnitus in 1967 and also in 1992. For Berta, I have received payment for 10% back to 2006. Last year I received an e-mail responce from the VA to a question. They said they were paying for tinnitus back then. Should I post the text of the e-mail that when I find it again? Elec.

Hi Carliee, Sorry for any delay in responding, I've not been on line much as I've been moved to the grave yard shift. Anyway, here is the text from my rating: Please let me know what you think. INTRODUCTION The records reflect that you are a veteran of the Vietnam Era. You served in the Army from October 18, 1964 to August 29, 1967. We received a request to reopen a previous claim on December 22, 2006. Based on a review of the evidence listed below, we have made the following decisions on your claim. DECISION Veterans Claims Act of 2000 (VCAA) dated March 15, 2007 VA Audiological Examination, VA Medical Center, Reno, dated June 27, 2007 .Prior VA Rating Decision and the information it contains therein dated November 11, 2006 REASONS FOR DECISION 1. Service connection for tinnitus. Service connection for tinnitus has been established as directly related to military service. A medical note dated 1970 reports occasional ringing in both ears. Military noise exposure is reported from working on the flight line and post military noise exposure is reported as an orderly for 1.5 years and post office computer work for 10 years. Recreational noise exposure is reported from using power tools. High frequency hearing loss was noted from audio grams during military service. It is the examiners opinion that your tinnitus is more than likely caused by or a result of military noise exposure. An evaluation of 10 percent is assigned from June 21,2006 which is the date we received your original claim for service connection for tinnitus. An evaluation of 10 percent is granted for recurrent tinnitus. Please note that a 10 percent evaluation for tinnitus is the highest evaluation for tinnitus in the current VA schedule of ratings. 2. Evaluation of bilateral hearing loss currentlv evaluated as 0 oercent disabling The evaluation of bilateral hearing loss is continued as 0 percent disabling. {38 CFR 3.321(a); 38 CFR 3.321((1)} Examination findings show the left ear with 96 percent speech discrimination. Decibel (dB) loss at the puretone threshold of 1000 Hertz (Hz) is 20, with a 65 dB loss at 2000 Hz, a 70 dB loss at 3000 Hz, and a 85 dB loss at 4000 Hz. The average decibel loss is 60 in the left ear. From Table VI of38 CFR 4.85, Roman Numeral II is derived for the left ear. This is determined by intersecting the percent of speech discrimination row with the puretone threshold average column. The left ear is considered the poorer ear for 38 CFR 4.85's Table VII. The right ear shows the percent of speech discrimination is 96. Decibel loss (dB) at 1000 Hertz is 20 dB, with a 40 dB loss at 2000, a 70 dB loss at 3000, and a 85 dB loss at 4000. The average decibel loss for the right ear is 54. From Table VI of 38 CFR 4.85, Roman Numeral I is determined for the right ear. This is determined by intersecting the percent of speech discrimination row with the puretone threshold average column. A 0 percent evaluation is derived from Table VII of 38 CFR 4.85 by intersecting row I, the better ear, with column II, the poorer ear. An evaluation of 0 percent is assigned from November 3, 1969. The evaluation for hearing loss is based on objective testing. Higher evaluations are assigned for more severe hearing impairment. REFERENCES: Title 38 of the Code of Federal Regulations, Pensions, Bonuses and Veterans' Relief contains the regulations of the Department of Veterans Affairs which govern entitlement to all veteran benefits. For additional information regarding applicable laws and regulations, please consult your local library, or visit us at our web site, www.va.gov. I have always filed Tinnitus and hearing loss! The Tinnitus part of my claim has gone mostly ignored in 1967 and 1992 as well. Suggestions? Elect

Hi Berta, I just received a rating three months ago for Tinnitus. They made the effective date the day I last filed in 2006. I have filed two times before for hearing loss and Tinnitus. Both times only received rating for 0% hearing loss, the Tinnitus was ignored. What is the best way to apply for retro back to a previous filing date? thanks.

In reviewing my records, I found a letter from the VA which states in part: 1. Your disabilities listed below, are service-connected, but they are less than 10% disabling and compensation is not payable. "Defective Hearing." There is a box in front the number one that has an "X" in it. This letter is dated August 7, 1970 I find no medical code numbers. Perhaps they didn't use them then.

Back in 1968 I filled a claim with the VA for Bi-lateral Tinnitus and hearing loss. The Tinnitus issue went mostly ignored, but after about two years I received a 0% rating for the hearing loss. I just learned about a year ago that the VA now recognizes Tinnitus so I filed a claim. Went to Reno yesterday for the hearing test and answered questions about the Tinnitus. I think that all went well. I was also told that I am qualified for hearing aids and was offered an appointment there to be fitted for them. Is there any chance of getting Retro Pay back that far as it was part of my original claim? (mos # 140.00) Field Artillery (mos# 67M20) Helicopter mechanic (mos# 621.00) fixed wing aircraft mechanic Any idea how long before I hear from them. What should I expect?