ptsd Received Decision On Knee And Back Claim Today, What Now?

[Quint7]

I received my decision today about my claim for my knee and back. Long and short, claimed for knee thatwas service connected. Claimed for low back pain as secondary to knee and also as a stand alone claim. Had been 0% for knee, denied for back. Both dated to 1995 after my enlistment ended.

OK, so they gave me 10% for the knee. Medial meniscus tear. Claimed that even though I lost range of motion, there isn't a severe enough loss to rate 20% ROM of flexion to 90 degrees, extension with pain to 0 degrees). Also said I have kneecap deviation but no fliud build up and the examiner found no instability. Hence the 10%.... not sure about that. I thought it would be 20%.

As for my back. I was seen in service for a "low back strain with paain radiating down the right leg". I was denied SC for that as a "strain" is temporary. The VA in my decision aknowledges due to my records post-service that I have DDD (IVDS) but says that the one incident, which they go out of the way to say was a strain, is not enough to tie this together. They therefore denied me again. They also acknowledge sciatica in the denial.

So here is what I know. I know that Dr. bash has a few cases on his page linking knee and back problems. I have read (and need to find again) the page on DDD/ IVDS that the VA put out that specifically states that this condition may be brought on by a single incident long ago or a longterm problem that finally manifests itself as DDD/IVDS.

I immediately sent away for my C-File today after getting the letter.

I would like peoples opinions on if I should try for 20% for the knee.

Also, I am planning on going after the back by submitting the letter that tells VA rates how to consider DDD/IVDS and ask that my rating be changed from low back strain to DDD/IVDS.

Also, in deciding my back, the VA states that the examiner stated that my condition "was not caused by my knee condition", not the "less likely than" that she wrote. Also the examiner AND the rater never mentioned that I told the examiner about 2 accidents I was involved in with a 26 ton armored vehicle. I never saw medical about them, but if I remember that letter, it say that the persons history should be considered in this disease. I also have a buddy statement about both incidents and photographic proff of one (one was during combat so no pics).

I have also been being seen for PTSD and now will file for that, along with depression and alcoholism secondary to the PTSD. I have been seeing a VA shrink and also 2 social workers about this and they have staed that I definately have PTSD and my depression and drinking are results of it.

Does anyone have any thoughs, suggestions, questions about what the letter specifically stated?

Thanks to all! Jason

[Pete53]

Good Luck. Having a plan is good.

[john999]

Yes, get all your records including SMR's and have someone like Bash review them and appeal. Only one in eight vets appeal their denials. Does that tell you something. The VA is playing the numbers game.

[rentalguy1]

The letter you are looking for is in THIS THREAD. and other threads as well.

Here's what you want to do, and do it pretty quickly. On a VA Form 21-4138, tell the RO that you disagree with their decisions on your back condition, and on your knee condition. Ask for a DRO Hearing. End it with the statement that this is your Official Notice of Disagreement. Then go back to the doctor who ordered the MRI. Have him write you a IMO that says he has reviewed all of your service medical records, va medical records, and civilian medical records, and that in his medical opinion, it is at least as likely as not that your back condition was caused by your military service. I'm guessing that your knee is under dx code 5257, and it will carry it's own weight on appeal.

Good luck!

[Quint7]

Do you know how long it should be before I get that hearing once I apply for it? I just sent for my C-file and that should take 2-3 weeks I assume.

The way I want to fight the back issues is by proving that there was never Xrays or anything taken back in 1994/5 to give me a code for "back strain" and therefore I should be given te benefit of the doubt that my original injury was enough to get the DDD/IVDS started. I want to see my C-file before that to see how they claim they tried to contact me back in 1994/5 (my "no show" led to the denial they claim..... I say that they didnt follow proceedure in trying to contact me). As I said, I also have the buddy statement and some pictures of my accidents back in 1989 and 1991. I also want to question the C&P as the examiner ws more than happy to blame my career as a firefighter for this condition, yet never asked me about my 6 years in the Marines and what type of work I did then that might have injured my back.

As for the knee, should patellar femoral syndrome be requested as secondary to the medial meniscus surgery/ problem? The rater (and the decision) both agree that the kneecap rides off center (due to years of favoring my other leg docs have told me).

I'd prefer to not spend every penny I received in retro pay (plus more) on an opinion from Dr. Bash if I don't have to at first......

[Jayg]

What, please, is DDD (IVDS)?

[Boats]

DDD = degenerative disc disease, IVDS = Intervertebral Disc Syndrome