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

[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