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Infered Claim

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Jim 501st

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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 ----------------

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  • HadIt.com Elder
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

Jim,

That is the problem I am having with employment records back to 1983.

Only one place is still in business. I went out there and they

checked the basement, but nothing to be found.

I sent what I had from Social Security and the rest the VA is going

to have to get themselves.

They didn't get my records, so they shouldn't expect miracles from

me.

Always,

Betty

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