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

[john999]

Really, unless it is presumptive the only way to get a secondary condition service connected is to have a doctor review your records and make the connection. The VA can ignore the doctor's opinion, but on appeal this is the only way to win these things. I have done it three times and for secondary conditions and each time I had to have a very strong medical opinion. The best one you can get is from a VA doctor like your primary care doctor. Yes, and they can ignore and twist the facts up like a pretzel. Medical evidence is the way to win.

[Jayg]

Really, unless it is presumptive the only way to get a secondary condition service connected is to have a doctor review your records and make the connection. The VA can ignore the doctor's opinion, but on appeal this is the only way to win these things. I have done it three times and for secondary conditions and each time I had to have a very strong medical opinion. The best one you can get is from a VA doctor like your primary care doctor. Yes, and they can ignore and twist the facts up like a pretzel. Medical evidence is the way to win.

Ok already. I got that.

But that isn't what I started this topic about anyway.

A doctor can say all day long that "yes' his knees are messed up because he has a sprained ankle and flat feet" and it won't make a bit of difference when they say you claimed something else.

It's all moot anyway. The comment " Flat foot which contribute to lower back and knee pain" is all my VA doc is gonna give.

And there's no way I can buy an IMO from some cheap doc let alone the high dollar opinions.

So that means I'll just have to stay in the gutter with the rest of the trash.

The question of this topic was, is it CUe?

The answer is apparently-no.

I'm done here.

[luvHIM]

Really, unless it is presumptive the only way to get a secondary condition service connected is to have a doctor review your records and make the connection. The VA can ignore the doctor's opinion, but on appeal this is the only way to win these things. I have done it three times and for secondary conditions and each time I had to have a very strong medical opinion. The best one you can get is from a VA doctor like your primary care doctor. Yes, and they can ignore and twist the facts up like a pretzel. Medical evidence is the way to win.

I had a comment all prepared but this pretty well sums it up.

I would just like to add that I read what you meant and wonder why you didn't just simple state what you meant? In other words, all the extra words you put into your initial request is what caused the RO to trip over themselves. "Interpretation" is huge. So, when we send in these claims we must say what we mean and let the evidence do the rest.

[LarryJ]

"The question of this topic was, is it CUe?

The answer is apparently-no.

I'm done here."

Gosh....I'm sure sorry we took up your time.

We'll try really hard not to let that happen again

[Jayg]

I had a comment all prepared but this pretty well sums it up.

I would just like to add that I read what you meant and wonder why you didn't just simple state what you meant?* In other words, all the extra words you put into your initial request is what caused the RO to trip over themselves. "Interpretation" is huge. So, when we send in these claims we must say what we mean and let the evidence do the rest.

Ok. I've calmed down some.

I am Sorry I blew my stack at y'all.

I just got frustrated because nobody was addressing my main point the rewording of the claim.

I guess my lack of response means VA does it all the time and thats ok so just get used to it.

*Why didn't I state my claim differently? Because I went to my county VSO, whom I ignorantly presumed knew how to do these things and I didn't, and let him write it.

I, obviously, still have a long way to go but I've been trying to get it right.

But I am rapidly coming to the conclusion that unless you've insurance, or money for fancy doctors, it's useless, hopeless, pointless and I'll just have to take what VA gives me and there's no sense in even trying anymore.

I'm getting frustrated again.

Sorry I yelled.

thanks all

[Mcafee]

Jayg I feel your pain this is absoloutely correct but i call it creative writing what is spoken in the exam room and what is put on paper do not jive this is true i too have expierence this hence the clinical appeal.This is also why i have had to resort to extreme measures such as a recording device during exam as long as you tell them this is going to be a recorded session.I went for a C+P exam last week i told the physician before we get started do i have your permission to record this session he said yes and we proceede now when i get the write up if it does not meet up with what the procedure is you already have the proof and permission of the individual .this can not be disputed it is the fact in a court of law they agreed to it.The VA does not like this art all and i know for a fact this is one of the issues i am up against right now.But thats ok i have what i need since they distroyed 24 years of records. sorry this is your thread yes this has happened to me also you are not alone .if you wish to fix it approach the PT advocate or file NOD. with your own interpretation. I hope this helps my brother.