Va Rewords My Claim And Denies

[Jayg]

My knees are failing under me. I have flat feet (10%) and my L ankle (20%) and have claimed both knees as secondary conditions.

But. In denial (no pun here, I'm too desperate for levity at the moment ) VA reworded the order of my claim.

VA's denial- word for word-

Item 2, Service connection for bilateral knee condition.

In your current claim, you contend service connection for a bilateral knee condition. You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee. Cited evidence of record fails to show your current left knee condition is related to your military service and there is no evidence available showing your right knee condition is related to your left knee condition. Therefore, service connection for a bilateral knee condition remains denied.

I have inexpertly filed claims as records or evidence became available where appeal or NOD should have been. Oh well, part of the learning curve.

But in 3 claims, none have applied the order they cite.

The above statement "You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee." is grossly in error. Review of my claim dated 6-15-05 requests "service connected disability as secondary conditions for left knee, right knee and lower back due to the stress and strain placed on them in taking up the slack for the left ankle."

Not formal language I grant you, but I submit the meaning is clear. That being that my claim is for both left and right knees as secondary to my service connected left ankle. That's not "directly related to military service" for one thing. Neither is it for 'right knee condition secondary to the left knee' as stated by VA here.

Further, I have reviewed claims submitted 8-5-04 and 5-24-05 respectively, and there is no statement in either that claims one or both knees as 'directly relating to military service' or one to the other.

All my claim/appeals stress both (bilateral) knees as secondary conditions to my service connected left ankle and I submit further exacerbated by my service connected flat feet.

Additionally, my 11/16/06 dated NOD to a previous denial states "claimed: bilateral knee condition as secondary condition to service connected left ankle and flat feet."

In any case, the dienial above starts with the words, In your current claim, the others are thereby rendered irrelevent. Therefore, VA's denial of my claim on these conditions should be completely invalid.

So is this what is referred to as CUE? If so, what does that mean?

If it ain't 'CUE' what is it.?

What do I do?

This ain't right!

Edited April 27, 2008 by Jayg

[Hoppy]

I just read this one. This explains my other post. They considered it as direct service connection. Thus, the SOP is different. In the direct service connection claim they will not schedule a C&P unless the SMR has evidence of an original injury in service. I think as long as you appeal the decision it is not a CUE. It is what I would call BS.

I would appeal it pointing out that the issue is not direct service connection and as for a C&P to address the real issue in the claim. The real issue being secondary claims caused by the SC'd conditions.

[Jayg]

I just read this one. This explains my other post. They considered it as direct service connection. Thus, the SOP is different. In the direct service connection claim they will not schedule a C&P unless the SMR has evidence of an original injury in service. I think as long as you appeal the decision it is not a CUE. It is what I would call BS. ( Amen brother! Jay)

I would appeal it pointing out that the issue is not direct service connection and ask for a C&P to address the real issue in the claim. The real issue being secondary claims caused by the SC'd conditions.

This isn't the first time around with this and I have appealed it and NOD'd it, and written a letter explaining it... Still thay rattle out the same clap trap.

But I'm fixing to send the comment from my doc as "new evidence" (He only entered the comment since my last SSoC. I'll also be sending along some medical studies supporting my arguments. Not much of anything I know but I'm in a jam.) and will address the miswording again.

I think I'll ask them to expedite because of physical hardship too, dropping in my MRI report as a goad.

I'll ask them about that C&P too. Thanks. I hope to get it out this coming week. I had been waiting on some reports and file copies to come in.

[Mcafee]

Jayg If you are specific in what errors were made in the decision send in a NOD.along with a copy of the necessary documents.they will review and contact you.WAS it VARO or BVA.?

[Berta]

The point of your claim makes sense and the BVA has made awards on claims like this-

However the VA's rendition-to me- makes sense:

"Item 2, Service connection for bilateral knee condition.

In your current claim, you contend service connection for a bilateral knee condition. You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee. Cited evidence of record fails to show your current left knee condition is related to your military service and there is no evidence available showing your right knee condition is related to your left knee condition. Therefore, service connection for a bilateral knee condition remains denied"

You need a real doctor to clearly opine,with medical rationale, that your service connected conditions have caused you to have the bilateral knee disabilities and there is no other known etiolgy but for the SC disabilities to have caused the bilateral knee conditions.

The VA will not connect the dots-a real doctor can do that.

This is not a CUE.

[Jayg]

The point of your claim makes sense and the BVA has made awards on claims like this-

However the VA's rendition-to me- makes sense:[???]

"Item 2, Service connection for bilateral knee condition.

In your current claim, you contend service connection for a bilateral knee condition. You contend your left knee is directly related to your military service and that your right knee condition is secondary to your left knee. Cited evidence of record fails to show your current left knee condition is related to your military service and there is no evidence available showing your right knee condition is related to your left knee condition. Therefore, service connection for a bilateral knee condition remains denied"

You need a real doctor to clearly opine,with medical rationale, that your service connected conditions have caused you to have the bilateral knee disabilities and there is no other known etiolgy but for the SC disabilities to have caused the bilateral knee conditions.

The VA will not connect the dots-a real doctor can do that.

This is not a CUE.

Berta, I do not see how "VA's rendition" 'making sense' has anything to do with anything.

They say that I claimed one knee injured in service and the other knee secondary to the knee allegedly claimed injured in service.

That is completely and unmistakably incorrect and to take it further, pattently false.

What I did claim was, service connected disability as secondary conditions for left knee, right knee and lower back due to the stress and strain placed on them in taking up the slack for the left ankle." That's bilateral knees as secondary to the ankle.

I clearly did not claim a military injury and I did not claim one knee from another.

VARO (the source of this denial) denied me on a basis of Cited evidence of record fails to show your current left knee condition is related to your military service and there is no evidence available showing your right knee condition is related to your left knee condition. Therefore, service connection for a bilateral knee condition remains denied.

I may be denied for the reasons you state, but that is not what they are, for about the third time in spite of my repeated attempts to correct the matter, denying me for!

The basis of their denial has nothing, nothing whatsoever, absolutely nothing to do with what I have claimed.

How can I possibly, under any circumstanses, be granted service connection under "their rendition" because it has nothing to do with me, my service or my claim???

And, if VA can make judgements on renditions they create, we may all as well go home.

Berta, I have a profound respect for your experience and judgement. But I think you're missing something here.

Edited April 27, 2008 by Jayg

[Pete53]

I am 30% for flat feet and now my knees are in terrible shape. I am not going to file a claim on them as I am already 100%. However, I am interested in how someone can connect knees to flat feet?