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bballr4567

Seaman
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About bballr4567

Previous Fields

  • Service Connected Disability
    30%
  • Branch of Service
    Army

bballr4567's Achievements

  1. Like I said, it was weird that they used an MRI from the 6th of Feb, 2011 but didnt use surgery reports from May 2010. They seriously had to just skip it. Berta, they give you 60 days. Ive got to wait on Marion, IL to get my medical records which could take a week or so but they will be sent USPS Priority Mail with signature confirmation. Ive already learned my lesson on that. ;)
  2. The last SOC was 23 Feb 2011. Not too long ago. And on the reconsideration, that was sent in long ago. This latest was from the NOD seeking a reconsideration of the 0% knee rating to a 10%. VA denied it, hence the BVA hearing. Sorry for the misunderstanding there.
  3. The problem with the Spina Bifida is that it has always been there and even suggested at in a few of my early xray's even while I was in the service. However, not a single doctor actually diagnosed it until I saw a very smart ortho doc in the VA system. The problem with it is just as you said, its a congenital condition. The issue I have is that Ive never been diagnosed until I was 27 due to aggravating injuries in the Army. The lumbar spine strain is what the VA called it when they turned down the service connection at first. Now, they are giving it service connection (with no new service medical records FYI) and rating it at 10%. Ive had 3 MRIs and all of them have noted facet arthritis. Then, after the facet blocks, my right leg nerve (the numb spot that the VA themselves said should not be caused by a strain) is coming back to life. Im on meds (not pain meds though) to control the extreme pain in the nerve ending right now and for the next 3 months in the very least. As for the reconsideration, Im not sure on. I can still send in the paperwork on that while waiting for the BVA hearing?
  4. Berta, this was the DRO review for the knee and back. I have selected to have a BVA board review by video conference for the knee. For my back, because it was listed as a lumbar spine strain on my initial claim, it is thought that I will be better claiming the Spina Bifida as a new disease because it wasnt diagnosed until late last year. A year after I ETS'd out of the Army. However, this will be detrimental to me as I will lose all back pay and my effective date will go from my ETS day to the day I file. At least in my understanding. Im in a really strange spot here. Also, everything Ive been having done has been by the VA so they have direct access to the paperwork. Even calling and talking to them, they pulled my medical records in February which have my surgical records for my knee in them. I have no idea why they did not use the surgical reports for their decision on my 0% for the knee. It is one of the things we noted on Form 9 to support a 20% rating for my knee.
  5. Well, got back my NOD paperwork. Short story, 0% is correct for my right knee chondromalacia. 10% for lumbar spine strain with facet arthritis. Im not at all happy with this and I think it all goes back to the initial claim. Here is what the paperwork says. They used my medical records from May 2010 but did NOT use the surgery report NOR any of the treatment records since the surgery. I still have pain on extension but no more stabbing pain. I can "run" on a treadmill but still cant do it without pain. Its just not as bad as it was. Now, why the need for the bolded part? Yes, it was bolded on my paperwork. Then, approx 4 weeks ago I had facet blocks on my back. It has helped me some but the main issue is still there. My back hurts all the damn time. It has been noted in every single medical report in the VA. What gets strange is that they used an MRI from Feb 2011 to help come to that decision but did use the surgery reports from May 2010 to help that decision? Im confused by that as well. My main problem is the fact that I can not go get an IMO. I use the VA for my treatment and cant afford to get an IMO from an outside doctor. Where do I go from here? In the schedule of ratings it even says that (5259) Caritlage, semilunar, removal of is granted a 10 percent. Yup, had that done in May 2010. I dunno, just lost here. Im going to schedule a meeting with my VSO here in town but Im curious as to what some of you elders think is going on here.
  6. Good luck! Im still dealing with a pitiful C&P Exit exam that not only set back my knee claim but also my back claim. Its been almost a year since I had knee surgery to "fix" my issues and almost two years since my ETS date. Its pitiful how slow the VA acts when veterans truly need their help.
  7. Had a MRI on my lumbar back about 3 weeks ago. Results were discussed today. Slight dislocation/stepdown in the L5-S1 joint. This is nothing new but it showed that there is no nerve involvement and the disc is not bulging yet but my pain is proof that the joint is unstable. Bending/flexing lower back X-ray series to come in a few months. The big news was at L3-L4. I have arthritis of the facet joints and nerve involvement. This just shows that he numb area in my right outside thigh has been a good indicator all along that was ignored by every doctor except this one. So, im still waiting to hear back from NOD filed last June and depending on that, this new evidence is going to go straight back to the VA. Such a long, long, stressful process.
  8. Well, no updates on my claim. However, the VA finally paid the last of the charges on my knee surgery from 21 May. Got the letter in the mail today. I guess that is good news right?
  9. There really is no secondary conditions with my knee. The back itself has two different secondary conditions and Im still getting treatment for it. That'll never stop as its just going to get worse over time. Ortho DR referred me to PT so that I can get a back corset fit for me. He is thinking that my back is strong enough (it is) but Im losing stability over time with my back deformities basically. If anything, this new back support should really help my claim. Hopefully.
  10. I did. I got 100% for convalescent pay due to my knee surgery. Still no info on the actual disability rating for my knee or back.
  11. Thanks for the info Chuck. Fortunately for me, all of my pertinent medical records start AFTER 2006. Also, I put in my claim June 29th and got paid Sept 9th. Not as fast as it should be considering all that is looked at is the surgery report and doctors note and then its decided. However, it was faster than I expected. It couldnt of come at a better time either. I at least have rent money for a few months if the new GI Bill decides to not pay sooner than it has in the past.
  12. Got a call today from Winston-Salem. Yes, Labor Day!! It was an agent calling to confirm if me and my wife were still married as she is being added to my claim and for the back pay. I was a little confused and she then explained it to me a little. Yes, I got rated for my knee. She said that just because I had surgery that they rated it instantly and will be back paying to my ETS date PLUS convalescent pay for 2.5 months. I asked what the percentage was and she said that she couldnt tell me because they havent figured it out with my earlier 10% yet. I then asked about my back and she said that it hasnt been rated YET but its getting decided right now. Also, she told me that everything the VA does with my record is electronic. They dont need to have my actual file on hand as it gets scanned in when it first comes in. Was she blowing smoke up my a$$?
  13. Well, I called the VSO to see if the time to pay the convalescent claims have been shortened and she said that its been knocked down to 3 months. Mine was put in on June 16th so I still have a wait to go. Just insane that its taking this long to process.
  14. Thanks for the help! I read over my Drs note from yesterday and he did state that this is more likely than not an aggravation of preexisting condition seeing how Ive never ever been seen about back pain in my life. He also stated that this has been shown on Xray results going back to Nov 2007 and was just skipped over as a possible diagnosis. Hopefully, the decision will be what I deserve and what I feel is right. However, after going through all this, I cant help but notice how OLD the VA rating guidelines are. I can have full ROM but pain throughout it and its not big deal but if I didnt have pain and had limited ROM then Im due something. Here is to another year of wait on that issue. Also, the VSO that I talked to today said that the Indianapolis office was taking 4-6 months for convalescent pay. How the hell does that happen? Just boggles the mind.
  15. Figured I would update this again. Ive since had knee surgery and it was successful. Recovery is coming along but its only been 3 weeks. I talked to a OIF/OEF social worker today while at the VA clinic and she informed me of temporary disability rating increase for my knee. I had no clue that existed and it would be great to get it. I talked to my Drs. nurse and she said that he has wrote letters in favor of that seeing how I wont be able to work for 3 months. Second, Ive finally been diagnosed with my back. He said I had a form of spina bifida and was pretty angry that it was not picked up earlier during medical testing while in active service AND while going through the VA medical system. He told me that the injury to my back while in service aggravated the scar tissue my body had formed around the areas where my vertebra had not formed correctly and was sure that the injury was tied to my service. I asked him to write a NEXUS letter and he declined at this time due to the overwhelming medical evidence and informed me that his medical diagnosis will say that although it was a congenital defect that due to it not effecting my daily life until the injury it will not be a problem to get it service connected. I have made an appt with a VSO in my city and will be putting my appeals through him. Hopefully, I get what I rightfully deserve rather than this 0% and non-service connected BS.
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