nanaeris

I had put a claim in a while back. Went all the way through the DRO review process and was denied. I took the advice of someone on this web site and finally got a copy of my military medical records and VA claim file. I also went and got a copy a of the C&P exam. I basically could not believe what these doctors had wrote about the evaluation. The mental health evaluation was Major depression secondary to my service-connected bilateral knee condition. The doctor stated my depression was excertabated by my knee condition. The DRO denied my claim stating I had depression before my service-connected disability. When I went through my military medical records I found documents where I was given a profile change because of my knee condition but my supervisor still ordered me to do guard duty on the flightline. I also pointed out that the doctor stated I had depression in 1975. At the time I was in a Military hospital because of my knee condition. I also produced documents where I was assualted overseas and sent to the clinic for evaluation. On my bilateral knee condition I had to have surgery on my right knee to remove torn cartlidge. I pointed out although the C&P doctor stated I did'nt have problems with lateral stability. The orthopedic doctor had a specialize brace made that reaches from my thigh to the middle of my calf with a specialize hinge that I pump air into stabilize my knee. I also produce VA medical records to back this up. Yesterday I got a call from the WACO VA stating they had schedule me for a second Mental Health and biliteral knee C&P exam. If anyone can give me some insight on why they would schedule me for another C&P exam and is this normal before a BVA hearing. I don't know if this is good or bad. Should I take the medical records to the C&P exam to point out what the doctors missed and the mistakes they made in the first C&P exam? What I have being doing is collecting all the information I could get my hands on for a BVA hearing and all of a sudden I get this call from the WACO VA. I don't know how to take this. If any one could give me some advice on this matter it would be greatly appreicated. nanaeris

No, their is no mention about my mental health treatment from Calif. Also I found the release form I signed give the SSDI doctors to have access to my VA medical records. So the Psychiatrist that Social Security sent me to did have access to my VA mental health record. In fact she knew my VA psychiatrist. Do you think this would be enough information to get this resolved or do you think I need more. It seems no matter evidence you produce these people come up with something else. Because I can't see any difference if it was a pre-existing condition or secondary to an existing condition the law states it should be compensated. Am I wrong? nanaeris

I would assume they used the PEB report, but the 1st MEB report stated it was, the 2nd MEB, stated it was, and the 3rd MEB stated it was. I don't know which one carry the most weight. I could not get the VA to tell me which one they use in making their decision. Also finally when I won the appeal in 2001 they stated it included osgood schlatters disease, chondromalacia, they call it debrisment, I call it surgery to remove damage cartilidge, but the latter 2 was included in the original decision although the chondromalacia, and knees popping and grinding was included in my military medical records.

On my initial decision for knee disability the VA denied my claim for knee disability in 1976. They stated I had osgood schlatters disease before I entered the military and it was not aggravated by military service. I finally got hold of my military medical records. The first time I seen a doctor it was after a training exercise and playing basketball. The orthropedic doctor diagnosed my condition as patella tendonistis and chondromalacia. I had the same problem after combat training for Air Force Security Policeman, I was given a temporary profile change and I was fine. When I deployed overseas, I was assigned flightline security, and started having problems with my knees. One day I was assaulted and fell on my knees, the X-rays showed I had osgood shlatters disease. Somehow the doctors determined I had this before I entered the military. They did a MEB stating this pre-existing condition was permanment aggravated by military service. I was sent to a stateside hospital for evaluation. The orthropedic doctor stated I had osgood schlatters disease and chondromalacia. The MEB report stated osgood schlatters disease was permermant aggravated by military service. The Air Force PEB board stated I had a pre-existing condition that wasn't aggravated by military service and I should be discharged. The final MEB report stated it was aggravated by military service. When I filed a VA claim in 1976 they denied my claim. In 2001 I reopened the claim for service-connected disability being denied by a rating specialist and DRO and contacting the BVA my case was granted. This time included osgood shlatters disease, chondromalacia, and the surgery I had. Although I asked about the presumption of soundness as my induction physical was normal I can't get an answer. I looked at my induction physical and it states I was 5'10" and when the x-rays taken after I injured my knees did not show osgood schlatters disease. Now when the x-rays taken when I was stationed overseas stated I had osgood schlatter disease, I had been in the military over 2 years. The MEB physical given overseas stated I was 6'1/2" so I had grew 2-1/2". Now I know osgood schlatters occurs when kids are growing. I contend that my osgood schlatters disease occured while I was on activity duty and not before I entered the military as the military stated. Also the three MEB reports stated my condition was permanment aggravated by military service but the PEB does not. If their is doubt does it go to the veteran? Is this grounds for a CUE back to the original denial date?

Yes, I was diagnosed with patella tendonitis after falling during training and playing basketball. I also was diagnosed with chondromalacia and given a temporary profile change. I was sent to combat trainning for Air Force Security Policeman this is something I will never forget because I asked to go to the doctor because of swelling in my knees and the Sgt. said I could go but I would have to starting trainning over. When I got back to my base the doctor wasn't to happy. What they did is took me out of one section and put me in another section that didn't require stress on my knees. These was orthropedic doctors that I was seeing and making the diagnosis. When I got overseas I was put in Flightline security. I got assaulted and fail on my knees and was sent to the clinic. X-rays showed I had osgood schlatters disease and the doctors determined I had this before I entered the military but my military service aggravated it although I had grew 2-1/2" while in the service. When I was sent to an orthropedic doctor he stated I also hand chondromalacia. The Air Force PEB stated I had the condition before entering the military and it was aggravated by service. Although this is only part of the story, I had a hell of a fight with the VA about this being service connected. To get back to the point what I plan on doing is getting all this information and ask for another evaluation. I have had two surgeries since being out of the military and I am service connected for hearing loss and tinnitius although this is only part of the story do you think this is a good idea to present to a doctor?

Yes, that is what my 40% service-connected disability is. Also when I was in California and on SSDI, I produced the opinion of the Phychistrist report that stated that my depression was related pain. The DRO stated that her opinion was not revelant because she did not have access to my military service record. Although she reviewed my VA mental health treatment records. Also In the orginal denial I don't see any mention of my VA mental health treatment from California or from the DRO decision. Do you think I should ask the Waco regional office was this information in my file. Also I had requesed a copy of My C-File from the Waco regional about 2 months ago and their response was they did not have the complete file and would send it to me when they got it. So I assume they had to get it from the LA Regional Office in California. So I am still waiting for my C-File. I don't know if these decisions was made without my complete C-file or my mental health record from the VA in California. Is their any way I can find out?

I was denied depression as secondary to my service-connected knee disability. Although the C&P doctor stated my condition excertabated my depression. The Rating Specialist stated the doctor said I had depression before I had severe pain. In my NOD I stated I had pain while in the military and had pain every since. So when did I developed depression, before the military? The DRO agreed with the Rating specialist and denied my claim again. My question is if I ask the RO how the C&P doctor came up with that conclusion are they required to give me an answer? Also I had a psych evaluation in 2000 although the doctor had excess to my VA mental health record and came to the conclusion that my depression was caused by my physical pain the DRO stated the Doctor opinion did not count because she didn't have excess to my military medical records. Does this make sense? Any suggestion Nana Eris

I just got a copy of my induction physical which stated I was 5' 10". I looked at my exit physical which stated I was 6' 1/2". After being in the military 2 years, I was diagnosed with osgood schlatters disease. It was stated I had this condition before I entered the military and it was not aggravated by military service. My question is since this is a growing problem and evidently I had a late growth spurt. Can anyone advise me if this is direct service-connected since it caused permanment damage and I was denied disability compensation. Nanaeris

My Phychiatrist at the time diagnosed me with PTSD, so it was in my VA medical records. AS for my depression in my NOD I ask if I was in pain while in the military, stayed in a military hospital for 4 months because of knee problems and pain and has been in constant pain since being out of the military, had 2 surgeries, have been diagnosed with moderate to severe osteoarthritis in both knees, if I had depression before my knee disabilities, when did it start?

I have an appeal pending with the DRO. Depression secondary to Service Connected knees disability. Although the C&P doctor stated my knee disability exacerbates my major depression, I was still denied. Since then I have supplied a copy of my psych evaluation from when I was on SSDI stating pain caused my major depression. Since I filed a NOD for major depression I have been rated service connected for hearing loss 0% and 10% for tinnitus. I just had a PTSD test evaluation, although the doctor that administered the test stated I didn't me the qualification for PTSD I found an old military medical record where I was sent to the doctor after being physical assaulted. The SSDI doctor gave me a GAF score of 42 the VA doctor gave me a GAF score of 65. My question is would these documents help my case with the DRO? How do you write it up to present to the VA?

I found some old service medical records, the first time I was seen by a doctor after I injured my knees said I had patela tendonitis. The record also said I had injured my knees when I was in the 11th grade. The first time I heard about osgood schlatter disease I had been in the military 2 years. I was 22 years old. I now have the medical records, can I ask the VA for an explaination?

I just found a military medical record where I was diagnosed with patela tendonitis after an injury. I wasn't diagnosed with osgood schlatter disease until after being in the military 2 years. I was 22 years old. When I was in the hospital, I was diagnosed with chondromalacia. The Air Force did not state all this on my Physical Evaluation Board. Should the VA have considered all this information in making their decision? I now have the records now to show to the VA, do you think they should cue themselves on the effective date of my claim?

Do it has to be a doctor or could it be a licensed mental health provider?

No, the VA denied my initial claim stating I had osgood schlatters disease before I entered the military and it wasn't aggravated by military service. When I reopen the claim 10 years later, they denied the claim again. I won the appeal now I am trying to CUE the initial denial because of the conflict between the PEB and the MEB report. Another question, are the VA suppose to let me know what information they used to rebutt "Assumption of Soundness" as my pre-induction physical did not state I had anything wrong with my knees. This is something I was told by a Air Force Doctor after I injuried my left knee on a training exercise. I was a Security Policeman.

I was looking at what my PEB and it stated that I had osgood schlatters disease prior to military and it wasn't aggravated by military service. My Medical Evaluation Board report stated osgood schlatters disease was permanent aggravated by military service. When their is a conflict like this what do the VA have to consider? Is their some VA regulation that handles cases like this? Nanaeris

I use to live in Southern California, I basically couldn't get a clear answer about the Chondromalacia form the Regional Office in LA. I now live in Texas so I asked the Region Office in Waco for a answer. They stated that that bilateral chondromalacia and moderate to severe traumatic arthritis have been considered with your service-connect Osgood Schalatter's disease. They also stated chondromalacia, was also included in consideration of previous rating. If this is so shouldn't have been considered in my initial rating which denied me service connection because they stated I had Osgood Schalatter's disease before the Military and it was aggravated by my military service, but their was no mention of this condition on my military entrance exam. The first time I heard about this condition was after going to the doctor after I hurt my knees during training and having fluid drawn of my knee and given shoot.

No, this was not my doctor, this is what was on the denial letter so I would assume it came from the C&P doctor. I have not seen the C&P doctor report. I know getting the VA doctors to make a statement in favor of a claim is hard, any recommendation. Also I just had a PTSD exam, the doctor stated I did not have PTSD but I had major depression. Do I need to get all these reports and go through them or can I just ask my doctor and counslor their opinion concerning this matter. I have had a hard time dealing with things like going broke, losing jobs, and other things because of my physical condition. Any advice. Thank you, Nanaeris

Do I go back to the C&P doctor too get this clarified or do I go to my doctor and counslor to get a clarification? I have not read the C&P report. I did let my doctors know about my limitations and the problems my disabilities has caused me. I have had to take lower paying jobs because of my disabilities and have to work in pain. Right now I am working as a clerk although I have been trained as a network technician and have turned down jobs paying twice as much as I am now making. Any advice.