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Found 1 result

  1. My question is about De Novo Review and how the DRO reviews the evidence. In my DRO hearing I raised the several questions about the Denial of Compensation. Question 1) I addressed the DRO in asking how the VA could change the diagnosis from "Bilateral Patellofemoral Syndrome" to "Osteoarthritis"? Clearly I was Discharged with "Bilateral Patellofemoral Syndrome" under VA Code 5003-5099 Hearing Me: they're basing on traumatic arthritis...okay. I'm not 20 years old no more [sic]... patellofemoral syndrome has progressed from that on up and on up until now we've got an end result of osteoarthritis. DRO: Mm-hmm Me: So, the medical exam... everything's pointing... saying, well, we're denying you for the patellofemoral, but we're gonna give you arthritis. DRO: No, that's not... that's not the case. Me: Well, that's... DRO: (Inaudible)... Me: ...what it says right here. DRO: ...you're essentially service-connected for your knee condition, whether...you know...it's...it may be called different things, but essentially that is what you're service-connected for...is your knee condition. We can't...we don't...we can't evaluate it by splicing out different diagnoses or your...you know...involving your knee. We evaluate based on...like...what we discussed earlier...you know...your range of motion...instability...that kind of thing. Power of Attorney: They're saying that your patellofemoral syndrome has progressed to the point where there's osteoarthritis at this point and that's... that's what you have right now. Me: That's what I got right now... Power of Attorney: Right Me: ...but they're still not warranting...they're...they were denying the patellofemoral. Power of Attorney: Mmm. They're just saying it's...it's not patellofemoral... Me: Yeah. Power of Attorney: ...anymore it's...it's arthritis now. Me: Well, that's the word they used...they denied it. Power of Attorney: Oh, well, they shouldn't have said that. DRO: Yeah, and I'm...I'm not sure that that was a... you know...a completely accurate description in there, but... Me: Well, because...I mean... DRO: All right, do you have anything else? And then the DRO closes out by stating that this Appeal is only about the related evaluation of the knee condition. And if I wanted a earlier effective date I would have to file a Claim for it. My question is if it is a Review of Claim then why is the DRO only going to look at the evaluation and not the complete claim? I mean he is suppose to be bi-partisan and look at all evidence objectively. Should the DRO of looked at the whole Claim because it was a Reopened Claim ?
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