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WBrennan

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About WBrennan

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  1. VA says they haven't received the VES exam stuff. Will check back next Friday.
  2. Exam went well. Claim is for secondary and the request I think was for direct service connection. Will see in about 30 days. Will update everyone once I know.
  3. VES moved my appointment to next week from this Friday. I will update everyone next week after the appt.
  4. Sorry GeekySquid, must have been the booze. I was in 1991-1995 and Infantry in an LRS unit. Sprain your ankle? Tie your boots tighter, suck it up and drive on. Yeah. It fooked me but that is my fault for being young and dumb and now paying the price. :S As you can see in her notes, she is setting up a denial but then why the second C&P? Weird, I know. I will update everyone here once I have the appt. Is it best to do the FOIA for the C&P exam before or after their decision? Thank you.
  5. Thank you everyone for your response and I am sorry to hear what the VA is doing to you GeekySquad. I did confirm the appointment is for the ankle. I believe (could be wrong) that the VA said it is for a medical opinion. I don't know if that means another C&P exam or just go over the questions again. Don't know. I will update everyone how if goes after my appointment his Friday. I did review the DBQ from the original doctor and it was very thorough and complete (As far as I can tell). She also did remeasurement / C&P of my left new due to my appeal where the first doctor said extension was from 60 to 10 and 10 to 60 but wrote down 60 to 0 and 0 to 60. I will give them the benefit of the doubt as she was also doing a C&P of my right knee. We shall see. I just think it is REALLY odd that they would send me for a second C&P after what I assume is a denial. See the medical opinion below: MEDICAL OPINION SUMMARY ----------------------- RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Is the veteran's right ankle condition at least as likely as not proximately due to or the result of residuals, meniscectomy, left knee? b. Indicate type of exam for which opinion has been requested: DBQ Ankle TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR SECONDARY SERVICE CONNECTION ] b. The condition claimed is less likely than not (less than 50% probability) proximately due to or the result of the Veteran's service connected condition. c. Rationale: The veteran has been diagnosed with ankle impingement syndrome and instability. Review of the medical literature and the recent orthopedic opinion reveals this to be most likely the result of repeated past ankle sprains. The veteran reports that he sprained the ankle on multiple occasions during service but was never evaluated for any of those injuries. Review of STR's does not reveal any evaluation or treatment for an ankle condition during active service. The right ankle condition is not caused by the service-connected left knee condition but is rather a progression of previous sprains. It is less likely than not that the veteran's right ankle condition is proximately due to or the result of residuals, meniscectomy, left knee.
  6. Good rainy morning everyone! I have a claim in for an ankle problem secondary to my SC left knee. My ankle currently suffers from Ankle Impingement due to repeated sprains and in my MEPS exam it was noted that I had previously broken my ankle. My knee condition causes me to favor my right ankle. My MD and VA noted some limited ROM as well as instability. The doctor at the VA noted her opinion that it is LESS likely than not (<50%) that it is secondary to my left knee SC disability. I am kinda ok with that. Weeks later my claim moves to Pending Decision Approval for a few days then back to Review of Evidence then back to Gathering of Evidence. Weird but whatever. Then I see they want to schedule a C&P exam (Still have two open claims) and I figure it was related to that. It turns out, the VA is sending me to VES for a second C&P exam. I think they are requesting their medical opinion. This is where I am baffled. I thought since the VA Doc said LESS likely than not it would go quickly to a denial. I am confused about the second C&P for my ankle. The VA paperwork for the C&P exam is well documented and accurate. Thoughts on this? Good? Bad? Just getting support for the denial? thanks!!
  7. I already have the 10% for the Arthritis/Meniscus tears. In the first C&P (this above post was the second) they service connected the Arthritis. There is no instability with the knee. Weird I know. The issue I have is the Extension, my bad for putting in Flexion. Been a long week. My left knee can only extend to 10 and flex to 80
  8. I am currently rated 10% for my left knee. My ratings are: Left knee meiscal and liagment tear with osteoarthritis 10% Residuals, mediscetomy , left knee 0% In the first c&p exam the examiner told me my extension (edit: originally posted flexion) was 60 to 10 and 10 to 60 entered 60 to 0 and 0 to 60. I filed my appeal and received a new C&P exam. Doctor entered 80 to 10 and 10 to 80. So this should get my DX under 5261 for limited Flexion at 10% Then I have the xrays proving the arthritis so that is 10% Stability is fine so nothing for that. For the meniscus tear this is from the DBQ 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: Left Side: [X] Meniscal tear [X] Frequent episodes of joint "locking" [X] Frequent episodes of joint pain [X] Frequent episodes of joint effusion So I should get 20% under 5258. It is also documented that there is pain on movement which should be 10%. Now with all the VA Math and anti-Pyramiding I think my knee should be rated at 30% under 5261 and 5258. I get confused on the arthritis and painful motion. Since I should be 10% for 5261, this should include the arthritis. What is everyone's thoughts?
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