Would This Young Marine Veteran Have A Claim

[jessie0054]

Hello all:

I am trying to help a young Marine Veteran by request of my son.

This young marine was medically discharged after 10 months of service due to Left Patellar Instability, Mild. His knee gave out and he would fall.

They discharged him with a 10% rate of compensation which they took away after 2 years. He was treated by a VAMC in Ohio once or twice after discharge and when he went back for a third time the VAMC told him that since the VA no longer considered him disabled and took away his compensation he could no longer get care from the VA.

He didn't seek treatment anywhere else over the years for his continued pain and instability because he had no insurance and couldn't afford the medical bills due to having to work and support for his family.

A problem i can see from reading his records of treatment at Camp LeJeune is that it said he had injuried his knee back in 1979 in a auto accident when his knee hit the dashboard [ he was what about 7 years old at that time] And that he had injuried it a total of 5 times the most recent during a fall at the air port when he was returning to the base after leave. His knee gave out then and he fell down a flight of stairs causing the injury for which he was discharged after some pretty aggressive PT with no relief in the pain. His knee was locked in a 10% flexed position on discharge and mildly atrophied left quadriceps.

I talked by phone with this young veteran this morning and told him to write and request his Personnel records from St. Louis and the VAMC in Ohio that he was treated at after discharge.

My son helped him get treatment at the VA Clinic there in SC and he go's in this Friday for some more aggressive PT because of pain and swelling of the knee with a lot of fluid on the knee.

My son has know this guy for over 2 years and said he has never known him to not be in pain and walks with a limp.

So does this young Vet have a chance at a claim since it is shown in the treatment records the dr. stated he had previous injury before service??

Thanks, Jessie

[Berta]

He should certainly file a claim but will need to show somehow that there has been a medical continuity of symptoms-

He also will have to overcome the rationale that VA used in their decision when they considered him not disabled by this condition.

He might need buddy statements as well as some form of medical evidence to show that this condition continued to disable him.

It would help considerabvly if you or your son can read his last decision-there might be more to the denial then proving

continuity of symptoms-

[jessie0054]

He should certainly file a claim but will need to show somehow that there has been a medical continuity of symptoms-

He also will have to overcome the rationale that VA used in their decision when they considered him not disabled by this condition.

He might need buddy statements as well as some form of medical evidence to show that this condition continued to disable him.

It would help considerabvly if you or your son can read his last decision-there might be more to the denial then proving

continuity of symptoms-

Thanks Berta;

I was hoping you would reply !!

I sent a list back to my son of thing this young Vet needs to get for me to look at and one was his decision letter that stated why they found him to be no longer disabled.

I guess all is held up until i can get his reports.

He said he didn't remember ever stating that he had injury previous to Military, But he was only 18 years old at the time.

Could this somehow fall into being found Physically Sound to serve on enlistment or that his military service aggravited a pre exsistant condition??

I admit i am not really good at this stuff, That's why i turn to you guys and gals for help.

I didn't make any promise, But said i would take a look.

Thanks,

Jessie

[purple]

The problem goes back even farther that he should have never been allowed in the service if he has always walked with a limp. I used to be a recruiter.....this was a HUGE no-go! He needs to get medical records from as far back as he can....family statements, etc.

I don't know what would happen if he can prove that he never should have been allowed in the Marines in the first place--that that actually aggrivated a prior condition.

Just something else to consider.

[jessie0054]

The problem goes back even farther that he should have never been allowed in the service if he has always walked with a limp. I used to be a recruiter.....this was a HUGE no-go! He needs to get medical records from as far back as he can....family statements, etc.

I don't know what would happen if he can prove that he never should have been allowed in the Marines in the first place--that that actually aggrivated a prior condition.

Just something else to consider.

Purple:

Thanks for your commits, I don't know that he was walking with a limp on enlistment, He does now however have a limp!! And has for several years by what my son said. He works for the same company as my son and has for about 11 years and i'm sure his boss would make a statement in support of the claim.

He is married to the same woman as he was when discharged from the service so i'm sure she can give a statement as to his pain being present all these years.

Also i just had a thought come to mind.

This guy is going to go into PT on Friday, The VA has not X-rayed the knee or done any MRI to see what kind of damage has been done. They are sending him to PT based on the pain, swelling and noted to have fluid on the knee.

Shouldn't they do testing to see what damage is done before they go to PT, Moving things around without knowing could cause further damage!!

Just my opinon!!

Jessie

[rentalguy1]

This is a easy one. Since he has been rated at 10% by the VA for the knee previously, all he needs to do is put in a 21-4138 asking for a increase. I am guessing that he is still service connected, just at 0%, since it is very hard for them to completely take away the sc. Then he needs to become familiar with the rating criteria for the dx code that he falls under and the C&P exam worksheet for the knees. If he is still sc'd, he should be back up to 10% in less than six months.

[purple]

Is his PT being done at the VA?

Any PT person worth anything should know that they have to have at least an x-ray before doing any kind of work on someone....he needs to insist on that. (But I'm no doc). Maybe a question he should ask before the PT ppl start moving his knee around.

Just a thought.

[jbasser]

The VA can take away compensation and reduce a disability to zero, however, he still should be awarded treatment for the condition asit is still service connected.

Did the VA find the rating in error when they awarded him 10 percent? Are they using the car accident against him?

If they reduced him and his Knee condition had not improved, Then there may also be a Cue involved.

[jessie0054]

This is a easy one. Since he has been rated at 10% by the VA for the knee previously, all he needs to do is put in a 21-4138 asking for a increase. I am guessing that he is still service connected, just at 0%, since it is very hard for them to completely take away the sc. Then he needs to become familiar with the rating criteria for the dx code that he falls under and the C&P exam worksheet for the knees. If he is still sc'd, he should be back up to 10% in less than six months.

Hello rentalguy:

Thanks for your reply.

I will know more about his situation hopefully tomorrow.

So they didn't take away his SC just his compensation and filling out the 21-4138 should get him back in the game. That would be great!!

Jessie

[rentalguy1]

That should be the case. A quick call the the 800# tomorrow could answer that question. All he needs to ask is if he still shows service connected at 0% for that condition. If he does, then he just needs to file for an increase. If not then we'll need more details of what exactly happened.

[jessie0054]

The VA can take away compensation and reduce a disability to zero, however, he still should be awarded treatment for the condition asit is still service connected.

Did the VA find the rating in error when they awarded him 10 percent? Are they using the car accident against him?

If they reduced him and his Knee condition had not improved, Then there may also be a Cue involved.

jbasser:

i guess i will have to see his decision letter to know what went on.

From what i know he was given a 10% disability and discharged " due to being found unfit to serve due to the disability"

In his medical records i found it stated twice about the car accident, If they used that against him in the decision i guess that would be in the decision letter i'm waiting for him to fax.

Thanks

Jessie

[jessie0054]

That should be the case. A quick call the the 800# tomorrow could answer that question. All he needs to ask is if he still shows service connected at 0% for that condition. If he does, then he just needs to file for an increase. If not then we'll need more details of what exactly happened.

rentalguy:

After talking to the young man this morning it is that he was reduced from 10% to 0% for his disability.

I told him to use the form 21-4138 and ask for an increase in his already SC disability.

Thanks so much!!

Jessie