WBrennan

As of Today I am at the Statement of Case. I will update everyone once the BBE shows up. No rating change in ebenefits.

as of Today I am at Statement of Case. Doesn't sound good.

Looks like i filed the legacy way....doh! VA said it is ready for review by the DRO. They said the average time is 167 days. I am at 193.... Ugh... Going to ride it out until December and if there is no movement then I will go the supplemental claim route appeal.

Since they received my NOD on 4/12/2019 I assume I am AMA....

For me NOD: 4/12/2019 New C&P: 6/5/2019 DRO Reviewing: 10-26 Months from 4/12/2019 Issue is original C&P the examiner wrote down the wrong ROM. New C&P exam had correct ROM and added swelling, locking, etc. Should be getting a 20% boost in the rating once it completes and a nice chunk of back pay.

And denied. Right ankle not service connected and denial of Flat Feet/ Plantar fasciitis denied as well (no C&P, had buddy statement and statement from Doctor) Will be appealling these denials.

Went to Preparation for Notification last night with a Monday date. All claims still showing in the Pending Disabilities section, % rating has not changed. Of the three claims, I have had only one C&P exam. The other two I did not have a C&P exam but I had a buddy statement and letter from a doctor stating the conditions are related to military service. My guess is the C&P exam(s) referenced in this post is the one being decided and the other two will be deferred. Looks like it will be Monday...

Where in VA.gov do you see where in line you are? I can't seem to find it. Thanks!

At Pending Decision Approval today... Fingers and toes crossed....

I received the email with the paperwork from VES on Friday. I received a FedEx package on Monday. their appointment date in the paperwork was for Sunday 9/8/2019. I called VES and confirm that they do work on weekends and he told me that the review was completed. I checked eBenefits today and it showing pending decision approval. I will check back in eBenefits on Friday

The VA has sent a request to VES for an IMO on the claim. This is getting weird. I will follow up with the VA in a out 2 weeks as that seems to be VES's turnaround time...

I did call the VA and they received the exam noted from VES on 8/29/2019. So it looks like about a 2 week lag. My claim moved back to Under Review. VA says it could be for reading of the exam notes or to review the pay statement and doctors letter regarding plantar fasciitis. Either way, the date is still 9/11/2019 to 10/4/2019. Fingers and toes crossed.

Today it is in Preparation for Decision and the minimum date moved from 10/5/2019 to 9/8/2019 so I should know something pretty soon.

I called the VA today. VES still hasn't sent over the results. I will follow up with the VA and VES next Friday and update everyone then.

VA says they haven't received the VES exam stuff. Will check back next Friday.

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.

VES moved my appointment to next week from this Friday. I will update everyone next week after the appt.

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.

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.

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!!

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

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?