GM, Thank you both for responding. Vet was in basic training and made it through for 3 weeks before going to sick call with sever knee pains, L>R. Orthopedic doctor made notes for the swelling pain, and diagnosed the knee/s as sever chondromalicia. The denials was in 68' and 77'. RO and BVA denials. Vet had 1 meniscus operation in 67' another in 74' and TKR in 2016 Drafted to go before the injured/aggravation, so no boots on the ground. Separated per AR 401-501, para 2-11a(4). Vet did disclose the meniscus surgery to the MEPS doctor..Shows as scars, no instability, on the induction paperwork. Having the doctor fill out another DBQ. Buddy statements and letter from the doctor stating, the knee surgery, prior to AD was healed and no other findings of aggravation, according to x-ray and statement from the Vet. Should the DBQ be considered as medically supporting document? Also, is it not the VA responsibility to rebut the aggravation claim and the preexisting claim with CUE, in which they did not, I believe. Denial letters as though the VA only went what the STR's stated. Restating that the claim was filed in Nov of '66, Vet was discharged in Sept '66. We do have new supporting evidence of the TKR and many other times Vet was seen by his private physician.
Hi Everyone, I wanting to help a Vietnam Vet who was drafted, had a knee surgery before service, 3 weeks in, started complaining about pain in knees..Saw a physician in service, provided temp profile, some meds and recommended medical Discharge. Military doc says it chondromalacia and it says it in the STR. Claim filed with just the STR record s. Not many due to only be in 90 days. No C&P requested, RO denied for aggravation, SOC/NOD denied, BVA denied.. My question is, since a NOD has already been filed, should we seek for a CUE since the VA had no medical facts to sent the claim?.Or go for a MOT to the BVA? Vet had TKR, shots, therapy after Discharge. BTW, we are going to file for the chondromalicia, limitation, pain, instability, etc. Also, the is only scar a on the induction exam. Nothing else. Thanks for any and all replies. Only one shot at trying to get this Vet what he deserves as far as the NOD. Alwaysgratedul78