nanaeris

The doctor did use the measuring instrument and he did get a measurement before the pain measurement. He also stated the knee disability had a severe impact on my job. I am a administrative assistant now because of my knee disability which requires me sit with my knees bent. He wrote all of this in his summary. I think he did a thourgh exam and did it by the book. He also took the time to go over my C-file and wrote every incident that pertained to my knees in his report. He did a mri on both knees and wrote everything down in his report. The mri showed the partial meniscus rermoval and I didn't know that this received a seperate rating so I included it in my answer to the SSOC. This has been going on now for 31/2 years I sometime think it would have been better to just let it went directly to the BVA. I still can't get an answer on how much longer this is going to take. Any estimate?

My knee disability had been rated un diagnostic 5260 limitation of flexion which gave me a 20% disability rating. When I asked for an increase in disability, the C&P doctor stated my limitation of extension was 20 degrees which would give me a 30% disability rating. When I responded to the SSOC in June, I told the VA they failed to give me a reasonable explaination why DC 5261 did not apply as the law requires. In August I received a IRIS reply stating my claim was in administrative procedures so a correct decision could be made. On October 5 I was told my case was being prepared for a BVA hearing and I should received it before April. I sent 3 e-mails to the Director of the Waco Regional Office with no response so I forwarded the e-mails to Washington DC. The person in Washington DC contacted the Director in Waco and told her how upset and angry I was because of the lack of response. On December 16th she e-mailed me and stated all my inquires was being forwarded to the appeals team. I wanted to ask her what the inquires have been doing just laying around for the last 8 months. The person on the 1-800 number informed me the other day that my claim has been sent back to a rating specialist to be reviewed as of Janurary 27th. So my question is when two diagnostic code can be used to rate a disability are the VA required to use the higher granting code? By the way if I don't get a clear answer to why DC 5261 is not used instead of DC 5260 I am going right back to Washington DC and ask them. This is really something to put the people through who are obligated to protect the country.

This was my orginal and first claim when the doctor made the decision and did not refer to my Service Medical Records. I thought after the first decision was denied the information would have been added to my C-file. The doctor and the Rating specialist did not refer to any thing in my Service Medical records. The doctor stated he did not have enough information to determine if my supposely pre-existing osgood schlatters disease was aggravated or not by military service. As for the heart condition, the only thing the doctor stated was he could not determine if I had permernat damage from rheumatic fever. In other words it was possible but he could'nt tell. I thought after the inital determination the information was part of the C-file. On this matter of the supposely Osgood-schallter disease the doctor stated this was unusual for a individual of my age to have osgood-schllatter disease because I was 24 years old. This is another matter I would to know about. I went into the Air Force when I was 20 years old my induction Physical did not indicate I had any thing wrong with my knees. I had other problems with my knees such as patella tendonistis, chondromalacia from injuries during some type of training and playing basketball. I had been in the military 2 1/2 years before the doctors told me I had this condition and I had it before I entered the military. The only thing I told the doctors when they asked me whether I had any knee injuries before I entered the service and I stated I injuried my knee while playing basketball when I was in the 11th grade. How they got osgood schlatters disease from this I don't know. Although I had seen orthropedics doctors for my other injuries and had x-rays they didn't state I had this condition. It was 2 1/2 years latter that the doctor at the Air Force clinic in Okinawa told me I had this condition. When I went to March AFB for an evaluation by another Orhopedic doctor he stated I had chondromalacia and patella tendonistis. The two MEB stated the condition was permanment aggaratavate by military service and after a hospital stay was able to return to duty and to wait for orders. Then they call me back to the hospital and told me I would have to finish my tour in Okinawa. The treating orthropedic doctor stated I was able to return to work without any limitations. I was then sent back to the barracks to wait for orders. After about 2 weeks I was called back to the hospital and told I would have to wait for a PEB. The PEB disagreed with the two MED and stated I had this condition and it wasn't aggravated by military service. I was told about five years ago the reason this happened the military was downsizing after Vietnam and the just found a way to get you out of the way with out paying you disability retirement because they had rated my knee disability at 20% and didn't rate my hearing loss although it appeared on my profile as a 2 which mean they knew about it and they didn't rate the heart murmur discovered while I was stationed in Okinawa because if they had rated either one at 10% combined with the 20% for knee disability they would have had to give you disability retirement. So what they did is stiffed you. If all this is true is there any thing I can do about it or is it two late and I just have to keep fighting with the VA? It is very easy to prove that I didn't have Osgood-schlatters disease before I entered the military and hearing loss and heart murmur is part of the record. Thank you again, nanaeris

I am in the process of going through the Appears process for an increase for bilateral knee disability. I think some of you will remember when I asked about a CUE claim about 6 month ago. I have been going through my C-File for evidence. I was discharged in November 1974. I filed a claim in 1975. I am looking at the VA C&P exam results for Osgood Schlatters Disease. The Rating Decision stated the Evidence of Record is insufficient to substantiate the clain aggravation of veteran's pre-service knee condition and the Veterans was hopitalized for myocarditis subsequent to to service. In 1999 when I reopen the case. The VA wrote me and ask me if I had a copy of my Service Medical Records because they would have to send and request them from the Air Force. I am getting the impression from this that the 1976 decision was made without my service record. I am considering filing a CUE claim based on the fact that all the evidence was not before the Rating specialist. I was granted service connection in 2001 after a long and hard fight. Also when the VA denied me for Myocarditis they fell to realize that the claim was filed within the presumptive period. My understanding is this condition is considered to be one of the presumptive condition and the VA failed to recognized this. Although I was considered to be one of the lucky ones be cause I did not have any permanment damage to my heart i was still disabled for about 3 months. Although the VA still denied my claim in 1999 I won the case on appeal. At the time I did not know about asking for an eariler effective date. My question is should I asked the V A to CUE themselves and with this kind of clear evidence, do you think the VA will still try to drag this out because it is very clear they did not have my service medical records and made a decision without this knowledge. Any advice with be greatly appreciated. I don't think I will be able to CUE this claim until I get through the current appeal concerning my knee disability. This involve where the VA had rated my knee disability un range of motion using limitation of flexion but my last C& P exam the doctor stated my range of motion under limitation of extension is limited to 20 degrees which would give me 30%. I did not think this would be such a problem if the doctor stated this in his C&P exam report. Any insight on the range of motion limitation which change for flexion to extension. I can't see the problem and the VA will not give me a clear and percise answer. this has been going on over 3 years. When I responded to the SSOC, I pointed out to the VA what the chart they had on the SSOC stated and that if another DC in this case 5261 would give me a higher rating the VA should revied the rating and what the GC stated about rating knee disabilities. I know this is the wrong forum for the last part of this topic but I have learned so much and how much research is required is to get the VA to get it right from this web site and froums. Thank again everybody for all the help. Since I join this form my percentage has went from 40% to 60%. nanaeris

I had been rated at 20% for bilateral knee disability under DC 5260. When I asked for a increase the VA sent me for a C&P exam. The Examiner stated my bilateral leg extension was limited to 20 degrees which under DC 5261 would give me a 30% disability. The VA denied my claim for an increase. My question is if I had already been rated under DC 5260 but the C&P examiner stated leg extension was limited to 20 degrees should the VA rate me under the DC 5261 which would give me 30%? I also had a surgery to remove partial torn medial menicus. I pointed out to the VA this should be given a seperate rating. Also the Examiner stated my bilateral knee disability has severe impact on work and daily living. This is the information I put on my NOD. Am I correct in my assumption? What the VA did when I pointed this information out was send my case back to a rating specialist for review. Is this a good sign or will I have to take this farther to the next level? Any input would be greatly appreciated. Thanks again, nanaeris

I don't know if everyone remember me, anyway, when when I filed my NOD back in 2009, I went through my military medical records and sent them along with form 9. How a Rating Specialist and a DRO could miss so much information is beyond me. I had filied for major depression and an increase for my service-connected bilitary knee disability. The VA sent me to a second round of C&P exams. This time the Examiner had my complete C-file. The mental health Examiner stated my major depression was directly related to my military service. The VA rated my major depression at 30%. The Examiner that did my bilateral knee exam stated my leg extension was limited to 20 degrees after 3 repetitve motions. The bilateral knee disability is currently rated at 20% under DC 5260. The VA failed to rate my knee condition under DC 5261 which would have given me 30%. I pointed out to the VA that the General Council stated knee condition could be rated under either DC. I also pointed out to the VA that the parital medial meniscus removal gets a seperated rating. I pointed out that the type of meniscus tear (complex or horizontal tear) is consistant with the type knee disabiliy I am currently service-connected for. My question is should the VA have used DC 5261 which would have raised my disability to 30%? Also the VA did not request the C&P make a determination wheather my meniscus removal was directly or secondary to my knee disability. At present I am still waiting for an answer from the VA about my response to their SSOC. Any advise or reccomentation would be very helpful because my VSR is not very helpful. Thank you nanaeris

On my C&P exam results, the Examiner stated the Range of Motion after repetitive motion right and left leg extension was 0 to 20 degrees. My bilateral knee disability is rated at 20% per knee. The knees are rated under DC 5260. My question is can knee disability also be rated under DC 5261 which would give me 30% per knee? Also I had surgery for a torn medial medial meniscus tear. I pointed out to the VA that the type of tear (horizontal cleavage tear) is consistant with the type of service-connected knee disability. I sent the VA research about the type of tear and the causes. Whe the VA sent me for the C&P exam, they did not request the Examiner make a determanation of wheather the torn meniscus was directly or secondary to my knee disability. If I am correct, the torn meniscus partial removal receive a seperate rating. I wrote the VA a letter and pointed this information out. I haven't received a response yet. It has been over a month. If I am correct, please advise me before I take the matter any further. Any comment or reccomendation will be very helpful Thank all very much. nanaeris

I filed a claim for major depression and an increase for sc bilateral knee condition. After a second round of C&P exams, I was rated as 30% for Major Depression but did not receive any decision for bilateral knee disability. The VA already paid for the increase due to the depression. My question is has this happen to anyone else where only one decision is received and nothing on the other claim. They were done at the same time on the same request.

I already had the second round of C&P exams. I got a copy of the doctors report. In the bilateral knee report as I stated the range of motion limitation after repetive motion right extension 0 to 20 degrees, left extension 0 to 20 degrees. On the mental health issues he stated it was most likely as not caused by my military service and aggravated by my service connected bilateral knee condition. Like I stated earlier these C&P exams were done on 27 November and 2 December 2009. Although the DRO had denied me, after I filed the NOD, which was about 12 pages. I went through my SMR and pointed out every thing that the DRO had missed and sent the medical evidence from my SMR is when I got scheduled for the second round of C&P exams. It just amazed me, that a DRO who is suppose to review the whole medical records could miss all this evidence. I basically had to do his/her job. My question is how long does it takes before I get a decision and if I am denied again will I get a SSOC or have to wait for a BVA hearing. Also do the Rater use the range of motion after repetive motion? If that is the case I should be rated at 30% for each knee with extension of 0 to 20 degrees. One more thing that got me puzzled when I had surgery for a torn menicus, the VA gave me 100% for the month of rehabilation. At the time before I started reading this forum, I did not know it got a seperate rating. I am assuming they did not want to give me the 10% because the DRO stated it wasn't service connected. With all the things that are wrong with my knees, I don't know how he/she came to that conclusion. But I will fight that when I get a decision about the increase for bilateral knee condition, and mental health issue. Any comment or advice will be greatly appreciated. Thank every one again. nanaeris P.S. trying to correct all the VA mistake is liking working a full-time job doing research and trying to understand the law?

When I filed my NOD and pointed out to the VA all the things I thought was wrong with their denial notice, the VA scheduled me for another round of C&P exams. For my bilateral knee disabilitity the doctor stated in the summary of all problems, I had Quadricepts tendonitis, Post surgical change in suprapattellar tendon, horizontal cleavage tear meical medial meniscus, residual Osgood Schlatter,s debridment with DJD and Chondromalacia, the same was for the left knee except for the torn menicus. On the range of motion limitation after repetive motion; left knee left flexion 0 to 90 degrees; left extension 0 to 20 degrees; range of motion right knee flexion 0 to 90 degrees; right extension 0 to 20 degrees. He stated this has a significant effects on my employment and daily activities. On the mental health C&P exam the doctor stated my current mental health problem are caused by military service or aggravated by service connected knee condition. He state my mental health probless were at least as not caused by or a result of military service and were further aggrevated by his service connected knee condition. He stated. He stated my mental condition has a decreased concentration, poor social interaction at work. He stated I suffer from Manjor depressive disorder, recurrent, moderate, chronic pain and discomfort. I had these two C&P exams in early December and haven't heard from the VA since. My question is are the VA going to use this information to make a decision or am I going to still have to go to a BVA hearing. No one at the 1-800 number don't seem to know the answer, and when I try to contact the DVA in Waco, I have yet to get a call back. Can some tell me what I am look at. Thanks again, nanaeris

Thanks for your input, When I had the surgery on my right knee, that what the doctor stated. She had a specialized brace made for my knee, that entend from my mid-thigh down to my calf with a special hinge that inflate with air to total stablize my knee. I have had three C&P exam since then and the only thing the doctors said was custom made brace but not what it was for. I hoping when this doctor stated in the summary of symptoms that I had knee instability that will be enough. Thank you for your input. nanaeris.

Yes, it was some fight to get from 20% to 40%. I did not know at the time that a torn menicus got a seperate rating or I would have fought the VA at that time. Like I said that put me at 100% for the month after surgery to remove the torn menicus. If I am right from this last C&P exam. The doctor stated I twisted my knee, also he showed where I injuried my knee during combat training, twisted my knee playing basketball, all of this information is in my service medical records. Any one of the injuries could have caused a torn menicus plus the swelling that goes with theses kind of injuries. Thanks for your input. Seem like a never ending battle with the VA. nanaeris.

Yes, I am currently rated at 40%. I thought the torn menicus was a seperate rating. I just complete a C&P exam for an increase. This time the doctor had my complete C-file. he noted all the knee injuries I had in the military. I don't what the VA go on but on the summary of joint symptoms it states giving away, instability, pain, stiffness, weakness, decrease speed of joint motion, effusion repeated, flare-up severe. Then it states Range of motion after repetitive motion: left flexion: 0 to 90 degrees, left extension: 0 to 20 degree; right flexion: 0 to 90 degrees, right extension 0 to 20 degrees. Then the C&P exam states edema within the soft tissue adjacent quadricept tendon and mucod degeneration witin the posterior horn medial menicus. I know this sound like a lot. But what I don't understand is the summary of systoms, does the VA consider this when assigning rating percentages? The doctor Impression for the left knee is post surgical change in suprapatella tendon, medial menicus tear DJD and chondromalacia. the same for the right knee except the menicus tear. He states this has a significant effect on my usual occupation. I had two surgeries one on each knee. One surgery was to remove a cartilidge tumor this was major surgery and the other was to remove the torn menicus. It is in my SMR and VA medical recors about the popping and cracking in my knee before the surgery to remove the torn menicus, so how the VA determine the torn menicus was SC or caused by my other knee problems. Can I get some opinions about what all this means. Thank everyone again because the DAV has not been any help at all. I can't even get them to return a phone call in the last year. I had to write my own NOD and go through my SMR and C-file myself. After I pulled all the relevant information ot myself and send it to the VA. That's when they scheduled me for a second C&P exam that included my SMR and C-file. Without this site I would not know how to handle the VA. Thanks again nanaeris

I have a question, I had surgery on my right knee for a torm menicus. The VA gave me a 100% rating for the month after surgery and then drop me back down to 20% where I was at before the surgery. Then turned around and said the torn menicus was not SC or caused by my other bilateral knee disabilities. I medical records state I had popping and cracking in the knee I had the surgery on. Does it make any since to give me a 100% rating to recover from the knee surgery and then don't give a rating for the torn menicus removal? Can someone give me some feedback on how to address this with the VA. Because I think they should have given me an extra 10% for the partical menicus removal. I would love some kind of imput before I go fighting with the VA again for the fifth time about my SC knee disabilities. Thank everyone again for all the help. nanaeris

B) When I filed a NOD after the DRO denied my claim, I did what I was advised by veterans of this site. I got a copy of my C-file, Service Medical Records and went through them and pulled out all the information I thought was revelent to my case. I wrote a 12 page NOD and sent them copies of the revelent documents. The VA scheduled me for another C&P exam for my bilateral knee disability and the doctor had my complete file this time. I just got a copy of the rerport, in the Summary of Joint Symptoms section he write yes for the following: Giving Way; Instability; Pain; Stiffness; Weakness; Decrease speed of Joint Motion; Effusions; Flare-up of Joint disease; Severity-severe; Frequency-every 1 to 2 months; Duration-1 to 2 weeks; Assistive Devices: Orthotic Inserts; Cane; Braces; Frequency of Use-Always. On the Range of Motion: He states addition limitation after three repetition of Range of Motion is Left Flexion: 0 to 90 degrees; Left Extension: 0 to 20 degrees. Right Flexion: 0 to 90 degrees; Right Extension 0 to 20 degrees. On the Diagnoses and Functional effects section, Left Knee he lists Quadricepts Tendonitis; Post surgical change suprapatellar tendon; Horizontal cleavage tear posterior horn medial menicus; Residual Osgood Schlatter's debridment with Degenerative Joint Disease and Chondromalacia. On the Right Knee, Quadricepts Tendonitis; and Residual Osgood Schlatter's ddebridment with Degenrative Joint Disease and Chondromalacia. The doctor states the bilateral knee disability has significant effects on my usual occupation, and moderate to severe effects on my daily activities. This doctor took the time to review my SMR and related all the condition to my time in the military. My question is what does the VA use to rate all of this? The Summary of Joint Symptoms or something else. Can I please get an opinion on what will be rated and how. Thank you again and for all the help on this web site. By the way I still haven't got the results from my second mental health C&P exam. Without this site I would have not been able to accomplish all of this because the DAV have not been any help at all. I was surprise at the DAV at the Waco Regional Office because the DAV in the Los Angeles Regional were really on the ball. Thanks again, nanaeris

:D When I filed a NOD after the DRO denied my claim, I did what I was advised by veterans of this site. I got a copy of my C-file, Service Medical Records and went through them and pulled out all the information I thought was revelent to my case. I wrote a 12 page NOD and sent them copies of the revelent documents. The VA scheduled me for another C&P exam for my bilateral knee disability and the doctor had my complete file this time. I just got a copy of the rerport, in the Summary of Joint Symptoms section he write yes for the following: Giving Way; Instability; Pain; Stiffness; Weakness; Decrease speed of Joint Motion; Effusions; Flare-up of Joint disease; Severity-severe; Frequency-every 1 to 2 months; Duration-1 to 2 weeks; Assistive Devices: Orthotic Inserts; Cane; Braces; Frequency of Use-Always. On the Range of Motion: He states addition limitation after three repetition of Range of Motion is Left Flexion: 0 to 90 degrees; Left Extension: 0 to 20 degrees. Right Flexion: 0 to 90 degrees; Right Extension 0 to 20 degrees. On the Diagnoses and Functional effects section, Left Knee he lists Quadricepts Tendonitis; Post surgical change suprapatellar tendon; Horizontal cleavage tear posterior horn medial menicus; Residual Osgood Schlatter's debridment with Degenerative Joint Disease and Chondromalacia. On the Right Knee, Quadricepts Tendonitis; and Residual Osgood Schlatter's ddebridment with Degenrative Joint Disease and Chondromalacia. The doctor states the bilateral knee disability has significant effects on my usual occupation, and moderate to severe effects on my daily activities. This doctor took the time to review my SMR and related all the condition to my time in the military. My question is what does the VA use to rate all of this? The Summary of Joint Symptoms or something else. Can I please get an opinion on what will be rated and how. Thank you again and for all the help on this web site. By the way I still haven't got the results from my second mental health C&P exam. Without this site I would have not been able to accomplish all of this because the DAV have not been any help at all. I was surprise at the DAV at the Waco Regional Office because the DAV in the Los Angeles Regional were really on the ball. Thanks again, nanaeris.

B) How is everybody doing today? I found part of the 1976 decision concerning my Rating Decision it states it states Evidence of record is insufficient to substantiate aggravation of veteran's pre-service knee condition. Can someone explain to me is what I think it means that the VA did not have my Service Medical Records? This is getting crazier by the moment. On the the 1999 decision it states the evidence of record included my SMR it also states the MEB dated Aug 2, 1974 stated I was fit for duty with permanment assignment limitations but it fails to mention that the MEB stated the that military permanment aggravated this pre-exiting condition. The decision also stated I injuried my knees while in training and playing basketball. Then it states the evidence clearly shows an increase in the severity of this disorder during the veteran's service. Then it states the totality of the evidence sufficiently shows that the veterans suffers from chronic bilateral knee disability. Can someone clarify this for me. Thanks again everyone for all your help and advice. nanaeris

The original claim was for bilateral knee disability which included osgood schlatters disease. No I filed the claim in 1975, the denial was in 1976. The only thing that I could see that was different was when I went to have minor surgery for osgood schlatters disease that resulted in major surgery on my left knee to remove a large cartilaginous cap. My vet center counselor had went through my SMR record and told me the VA did not include all the bilateral knee disabilities that was in my SMR. Also the VA failed to take into account the 2 MEBs which stated that the pre-existing Osgood Schlatters Disease was permantent aggravated by military service and only used the PEB which stated I had pre-existing Osgood Schlatters Disease that was not aggravated by military service. In 1998 even though I took the additional evidence to the RO in LA, CALIF. The VA still sent me to a C&P exam for only Osgood Schlatters Disease only. Even though the doctor stated that military service aggravated my condition the VA still denied my claim. So I still had to go through the appeal process. I don't even know why the VA have DROs. Every time I chose a DRO review they basically state the same thing the rater stated. On the statement from the Appeal team this time they included osgood schlatters disease history of chondromalacia, the surgery on my left knee, all though they call it debrisment, and osteoarthritis. As you can see from reading from the CUE claim cited above, my induction physical was normal, although the Military doctors stated I had osgood schlatters before I entered the military it was permanment aggravated by military service, I had 2 MEB stated my condition was aggravated by military service, and the PEB disagreed. So I see similuarities and for how the VA came to the conclusion they did in 1976 is beyond me. I have asked the VA many times in the past how they determined I had osgood schlatterd disease before I entered military service. I pointed out that I had been in the military over 2 years before the military doctors determined I had this condition. I also pointed out to the VA that the military doctors made a mistake because I had grown 2" before they determined I had this condition and that the other knee conditions was determined by orthropedic doctors before the osgood schlatters disease was discovered. I also pointed out to the VA that when I was being treated for the other knee conditions x-rays did not show I has osgood schlatters disease and it only showed up on x-rays after I had been in the military 2 years and grown 2". I know this is a long statement but as I can see with the 2 MEBs and the PEB and the induction physical being normal and the VA unable to tell me information rebutted the Presumption of soundness. What do you think? nanaeris.

I would like to know how do you go about filing a C&UE claim. Do I take this information to the RO or do I have to complete a form. Right now I have an appeal pending and don't won't to interupt the process. The VA just sent me back to antother C&P exam after I wrote a 12 page form 9. What I did, thank to this site and the advice I got, was go through my military medical records and got everything out about my condition and sent them a copy because it seem the VA just don't read anything when they make a decision even the DROs. It is amazing what veterans have to do to get the VA to do their jobs. I think I was wronged in 1976 and I want to make it right. I think I did my part to the contract I signed and I want the government to uphold their part of the contract. Any suggestion on how to go about filling a C&UE claim would be helpful. What I would like to do is take the information to the RO and try to get someone to explain to me why it is a C&UE. So I can have something is writing before I go forward. I think they are obligated by law to answer veterans questions. If I can't get an answer then I will asked someone in Washington DC for an answer. Thanks everyone again on this site. nanaeris

B) I found this case on the internet. Citation Nr: 9913396; Date: 05/17/99; Docket NO: 98-00 006 I think this is what I was looking for. It applies to the Presumption of Soundness, MEB, and PEB. This is something I have been trying to figure out and haven't been able to get the VA to clarify for me, if there is a difference between the MEB and PEB which one carries the most weight. In this case the MEB stated this individual developed a mental disorder in service and his entrance exam stated he was in good mental health. He was treated in a military hospital and he had made a statement that mental condition pre-existed military service. The PEB stated his mental condition pre-existed military service and was not aggravated by military service. The VA denied his claim as not service-connected. In short he later filed a C&UE claim. The BVA stated that the RO did not apply the Presumption of Soundness and the PEB did not address the MEB decision when he was discharged or his treatment record while in service and granted his C&UE. In my case I had three MEBs that stated my bilateral knee condition pre-existed service but was permantently aggravated by service. My PEB stated my condition was not aggravated by service. The VA on my initial decision denied my claim in 1976. When I reopen my claim in 1998 and won the appeal after 2 years. I have asked and tried to get the VA to say the presumption of soundness was not applied in their initial decision and the MEB was not considered in their decision. When I read this case, every thing that happen to this veteran happened to me and he won on C&UE. Can anyone give me some advice on how to proceed. Do I use this case to show the VA about their error or do I go and quote the C.F.R laws and stature? Any advice would be greatly appreciated. Think everybody on this site. nanaeris.

Yes, I have to look through all the records I have and get back with you. On the recent denial for and increase, the VA have diagnostic code 5260. After I had surgery in 1979 they included that evidence, but they stated post-debrisment actually I had a large cartidgous cap that was pushing up into my knee cap. Luckly it was benign. This is what the VA doctor that did the C&P exam stated I had a tumor in my left leg. When I had surgery in 2001 for a partial menicus removal this is all included in the the section when I filed for a increase in 2001 which took me from 20% to 40%. I guess they looked back in my SMR and found I had popping and cracking in my right knee. On my PEB the diagnostic code is 5002. I think the Air Force meant 5003.

What the VA stated when I won the appeal was I had Osgood Schlatter Disease, with a history of chondromalacia and osteoarthrithis. I looked at my PEB report and in the VA diagnostic code had 5002. I think that was a mistake and it should have been 5003. As for the knee injuries I had before the Air Force doctors discoved I had osgood schlatters disease included patella tendonitis, patella femoral sydrome, chondromalacia and execessive fluid build-up from knee injuries during training and sports. As I stated I had been in the military over 2 years before the discovered I had osgood schlatters disease. What the military doctors didn't realize is that I had grew 2 1/2". I have asked the VA,over the years, what evidence they had for them to come to the conclusion that I had osgood schlatters disease before I entered the military. Am I intitled to an answer? Like I stated it is easy to prove that I didn't because I had grown over 2".

I was rated at 40%, the VA stated I had Osgood Schlatters Disease with a history of Chondromalacia, tramatic arthritis. All of this and more medical evidence was in my SMR. When I got my initial C&P exam the doctor told me I had a tumor in my knee but he didn't put it in his report. I had been out of the military less than a year when all this happened. I finally got a job with insurance and had surgery thinking I would be out of work for about a month and low and behold I had a benign tumor that was pushing into my knee cap. Then I had to have surgery on the other knee for a torn menicus. The VA call the surgeries debribment whic dosen't make any since. Right now I have a claim in for a increase. I told them to write dow everything so the C&P doctor would know. They didn't and low and behold the doctor evaluated me for Osgood Schlatters Disease and nothing else. What really got me was the denial from the DRO. I asked them don't the DRO suppose to go through the whole VA and medical file. What I had to do, something I learned from this Web site, is go through the medical records write a twelve page paper outline everything that happen to me while in the military and show them the medical evidence from my SMR. I was suprised when the scheduled me for another C&P exam. Hopefully this will do the trick so I don't have to waight for a board hearing. Any advice would be helpful. Also this time when I went to the C&P exam the doctor had my C-file. I don't think the doctor did last time. Thank for you advice, nanaeris

I went through the SMR and got all the evidence where I had Injuried my knee during training and playing sports. I was diagnosed with patella tendonitious, chondromalacia, I had creptius, knees poping and cracking. Although the Air Force screwed me badly by stating I had a pre-exiting condition that was aggravated by military service even though I had three MEB that said it was and one PEB that said it wasn't. Even though I had all these other thing wron with my knees at the time. I wish I could go back and challange the Air Force because the Advisor that was assigned didn't tell me what my rights were. I think the reason the Air Force did what they did was so they didn't have to medically retire me because they didn't rate the heart murmur and hearing loss. In the 1998 Decision with the VA all these condition was mention including tramatic Arthrithis, the VA got me rated at 40% for my knees.

I have been reading some of the replies to question. My question is what is the difference between CUE and Earlier Effective Date. When I filed a claim for bilaterial knee condition back in 1976 I was denied. When I re-open my clair in 1998 I won on appeal. When they denied me in 1976 the VA stated I had Osgood Schlatter Disease that pre-existed Military Service and wasn't aggavated by military service. I have asked over the years what evidence they had to come to the conclusion I had Osgood Schlatters Disease before I enlisted in the military. The only thing I can see in my military medical records is a statement by a doctor that said I stated I had pain below my knees when playing basketball when I was sixteen. I look at my Induction Physical and I was 5'10". When the doctor stated I had Osgood Schlatters Disease, I had been in the military over 2 years and grew to 6'1/2". Since Osgood Schlatter Disease usually happen when your are growing, I think it happened while I was in the military. I don't see where the VA applied the Presumption of Soundness law in their initial denial notice. When I reopen my case in 1998 I pointed out to the VA this fact and I also all the other bilaterial knee problems I had been diagnosed with while in the military. I had had two surgeries on my knees since leaving the military and both were related back to the military. I had asked the VA to evaluate these other conditions when they sent me to a C&P exam. Naturally they ignored me and had me evaluated again for Osgood Schlatters disease only. The doctor that evaluated me stated that more likely than not military service had aggravated my knee condition. The VA still denied me. This time I appealed. I took all my military medical records to the VA Regional Office in LA and know one would answer my question why all these other conditions where not included in the C&P exam. I could not get an answer. So I sent an e-mail to Washington DC and was suprised I got a call back and three days later my disability was granted. My question is since non of the other knee conditions was included in the initial C&P exam and denial and was included in the 1998 appeal decision, is this a CUE or eariler effective date to ask for. It is easy to prove I didn't have Osgood Schlatter Disease before I entered the military and all the other knee problems I had is part of my military medical records. I can't see in any of the VA records where they stated what information they had that I had Osgood Schlatter Disease before I entered the military and if they do they won't tell me. Can someone in this forum give some advice wheater I have a case or not. Thank you, nanaeris.