Infered Claim

[Jim 501st]

I recieved a ssoc on a right Knee injury. i have a dro hearing coming up in the future. I was green when my rep filed this claim. Later I asked him if we could change it to bilateral. He said not until we got a decision on the rt. knee because it was well into the process.

does the following make it an infered claim or am I dreaming. The following is my responce but I will wait for some feed back before I take it to the ro next week. I don't want to look like an idiot and can still change it.

Thanks Jim 501st

--------------- SS ------------- Claim # ----------- 20, May 2008

This letter is in response to your decision for service connection for degenerative joint disease, right knee ( claimed as right knee condition.

Your first sentence says “ Records from VAMC -------- show that you continue to seek treatment for bilateral knees.”

I am now assuming this is a claim for (inferred) bilateral knees, rather then rt. Knee only.

Now.

You refer to the statements received on Jan. 4, 2008 and the use of the right knee during military training. I would like to call your attention to title 38, sec. 4.22. ( attached). There is no record in existence except my word of this injury, and I don’t deny it happened, but I do deny the importance the C&P Drs. Assistant put on it. It is not possible to have gone through the training described in my statement on Jan. 4 2008 with a knee in that condition, and since you accept the pre-service statement of the injury, I think you should accept my word when I say I was given light duty the remainder of my enlistment due solely to this knee injury.

Also I have attached an article showing how an acute fracture of the knee cap can be mistaken for bipartite patella. It bares credence to Dr. Bash’s statement, especially page two ( number 6) starting with This case is confusing because.

I am also sending a copy of the material I sent with an appeal on meniere’s disease. It has nothing to do with this case per-say, except to show how my smr’s were changed and add credence to the argument I made in my letter dated Jan. 4 2008 of my knee being swollen more than a year after the injury.

In summery I think reasonable doubt should weigh in my favor.

Thanks ----------------

[Berta]

"I was given light duty the remainder of my enlistment due solely to this knee injury."

There should be proof of that found in your service personnel records and it would support your inservice injury.

"except to show how my smr’s were changed and add credence to the argument I made in my letter dated Jan. 4 2008 of my knee being swollen more than a year after the injury."

If you have private treatment records of that within the first year after service- it would help support your claim.

[Jim 501st]

"I was given light duty the remainder of my enlistment due solely to this knee injury."

There should be proof of that found in your service personnel records and it would support your inservice injury.

"except to show how my smr's were changed and add credence to the argument I made in my letter dated Jan. 4 2008 of my knee being swollen more than a year after the injury."

If you have private treatment records of that within the first year after service- it would help support your claim.

Berta I don't have a copy of my service personnel records, so I don't know.

Unfortunately my family Dr. who did treat me for this and many other things for 14 years died. I have used every resources I have to find his records but have been told they most likely were destroyed.

I live in a rural town and that was along time ago.

[callover007]

Jim,

Just wondering what DR. Bash charged you. Did the VA refer to his statement in your SOCC? Were you denied even with his letter?

[Jim 501st]

Jim,

Just wondering what DR. Bash charged you. Did the VA refer to his statement in your SOCC? Were you denied even with his letter?

Callover007 Dr Bash charged me $2500.00. Was it money well spent? I think so:

Yes the RO made reference to his opinion in their decision. The document in question had an unreadable date on the Dr's notes.

The injury occurred in Sept. 1961. The document he used showed the Knee was still swollen 13 months after the injury, but as I said the scribbling in the date section was unreadable.

Dr. bash picked up on this and went on to explain at the bottom of the document Of the typed in date, And the difference in my rank. I had got A PROMOTION since the original injury.

Of coarse Dr Bash was correct but the Rater insisted he was wrong, and insisted he / she could read the unreadable date at the top and it was a year earlier than the injury, that the knee was still swollen. You have to love those folks at the ro. a little simple math would show I was a civilian on the date she insisted she could read.

Oh well I have a dro hearing coming up sometime in the future, And I think Dr. Bash's IMO will speck for it's self.

I think I will eventually win with his IMO, But stupid is as stupid is. I don't remember what the range of motion was, but do remember it was bad enough to equal the amputation rule rating.

Jim501st

[Josephine]

Berta I don't have a copy of my service personnel records, so I don't know.

Unfortunately my family Dr. who did treat me for this and many other things for 14 years died. I have used every resources I have to find his records but have been told they most likely were destroyed.

I live in a rural town and that was along time ago.

Jim,

This may help you. Through my travels with the VA process, I did find that your local hospital keeps on file where each doctor in the area has their records stored. Upon their death, or even when they retire and give up their practice.

I was able to track mine back 30 years from the information given to me by the hospital.

I also live in a small rural area.

Good Luck,

Betty

[Jim 501st]

Jim,

This may help you. Through my travels with the VA process, I did find that your local hospital keeps on file where each doctor in the area has their records stored. Upon their death, or even when they retire and give up their practice.

I was able to track mine back 30 years from the information given to me by the hospital.

I also live in a small rural area.

Good Luck,

Betty

Thanks Josephine for the advice. We only have one hospital and my Dr. did send his patients there.

I went their two years ago and asked but the Lady in records advised me that the hospital had been bought and sold so many times they were having problems finding records from five years ago.

I went back this past Jan. and the Lady told me she had only worked there a few months, She checked the computer. (nothing) Then she went through there hard copy files. ( nothing).

She said they had boxes of Micro-fish and as she got time she would try to locate them. She said if I didn't get a call within two weeks, she couldn't find them. I suspect the first lady I talked to was probably right when she said they most likely had been destroyed.

Thanks Jim501st