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

[Jayg]

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?

There are medical studies connecting that.

I just have a simple thing from Mayo Clinic.

It states:

"Because flatfeet[sic] can affect your body's alignment, the condition may also lead to pain in your ankles, knees and hips."

It also states that the condition may cause "Arthritis in foot or ankle."

Foot pain can also result in 'altered gait' causing further disruption to body alignment.

That's it in a nutshell.

[Berta]

"Thus, resolving all doubt in favor of the veteran, the Board

finds that the veteran's current right and left knee

arthritis, claimed as a bilateral leg condition, are

proximately due to his service-connected bilateral flat feet,

and service connection is warranted. 38 U.S.C.A. § 5107(."

from:http://www.va.gov/vetapp07/files3/0720396.txt

there are many decisions at the BVA that award additional secondary disabilities from flat feet or ankle problems or both-

It takes medical evidence to connect the dots-

Hip problems and back problems as well as bilateral knee problems can be caused by ankle or flat feet problems.

Any secondary condition that the VA grants is always directly related to a service connected condition.

[Berta]

And:

"Accordingly,

in light of the evidence showing unemployability due to the

service-connected flat feet and with resolution of doubt in

the veteran's favor, the Board concludes that a grant of TDIU

is warranted under 38 C.F.R. § 4.16(a)."

TDIU due to flat feet

from:http://www.va.gov/vetapp07/files3/0719877.txt

As I have said in the past- it bears repeating- Nothing is impossible with the VA.

Although this vet did have other SC conditions- the BVA decision was based on medical evidence that the veteran's SC flat feet had caused TDIU.

[Jayg]

"Thus, resolving all doubt in favor of the veteran, the Board

finds that the veteran's current right and left knee

arthritis, claimed as a bilateral leg condition, are

proximately due to his service-connected bilateral flat feet,

and service connection is warranted. 38 U.S.C.A. § 5107( ."

from:http://www.va.gov/vetapp07/files3/0720396.txt

there are many decisions at the BVA that award additional secondary disabilities from flat feet or ankle problems or both-

It takes medical evidence to connect the dots-

Hip problems and back problems as well as bilateral knee problems can be caused by ankle or flat feet problems.

Any secondary condition that the VA grants is always directly related to a service connected condition.

Thanks for that Berta.

But my wole point here, in this topic, is that to be denied because I have not met criteria is one thing.

To be denied for a work of fiction is another.

The example you provide matches my claim.

But VA denied me for reasons and basis having nothing to do with what I claimed.

I cannot prove military injury to my knee because that didn't happen nor did I claim it.

They denied the other knee because they said it was claimed secondary to service connection to the first knee.

Since the first knee was never injured in service, the second knee can never be granted secondary to a knee that was never injured.

That's a very good rendition for VA to create. I can never be approved so must obviously just go home and play with my blocks.

Ok. This ain't "CUE"

But where I come from, we call it (VA's "rendition") a Bald faced lie!

[Pete53]

Jayg:

Thanks for your response and Berta's. In the decision's that the BVA granted flat feet causing other disabilities I recommend that you copy and paste the regulations and CFR's cited by BVA for your claim.

In other words spell it out for the dumb bastards that you are dealing with now.

PS. Thanks for your response also Berta

[LarryJ]

THE VA just did the same with me.

I claimed DJD, bi-lateral knees, hips and lower spine DUE TO my altered gait caused by my SC'd left ankle.

The "rater" came back with the denial, due to "there is no current competent medical literature connecting a disability in one joint causing a disability in another joint...", whereas, just like you...that is NOT what I claimed. I DID NOT claim that the ankle joint made my knee joint bad. I did claim that my ALTERED GAIT (which they never even referred to, obviously) caused my knee, hip, back problem. HECK, the C&P examiner (not the above mentioned "rater") even states that I suffer from an "antalgic gait" due to my SC'd left ankle.

The "rater" can read what they want, discard or simply overlook what they want.

Your life is, quite simply put, in the hands of some stranger with a questionable education and highly dubious experience.

YUP, you can get medical opinions from the world's most capable and experienced doctors, highly competent social workers with Ph D's, surgical records, Social Security Administration findings.....and STILL, your fate is in the hands of someone who can't spell "C A T" consistently, three times in a row.

trust me....I got the T-shirt to prove I was there.......