Dro Hearing Friday 10/24, Possible Cue Question

[Quint7]

I have my DRO in person hearing in Buffalo on Friday.

Quickly, the topics are:

*Gain SC for my IVDS

*Get a full IVDS exam as spelled out in the VA Training Letter and C & P exam worksheet as opposed to just a ROM test.

*Increase my knee from 10% (mild) to 20% (moderate) disability

And now the tricky part...... I am going to request that my knee get rated at 10% back to my discharge in July 1994.

I am going to state that VA committed a CUE due to failing to notify me of a C&P exam in July 1994 (they gave me a 0% since there was evidence of a problem, but I was a no show. I have been 10% since 2007).

According to the VA my letter was undeliverable. They have the envelope that was returned (although they didn't include it in my free copy of my Cfile a few months ago!) in 1994 as undeliverable.

I have two envelopes, one my DD214 delivered to the same address 3 weeks before the C&P letter "couldn't" be delivered, the other an official college transcript delivered 2 weeks after the C&P letter.

I also have proof that I went to the VAMC for a Persian Gulf exam 10 days before the undeliverable letter.

There is no mention of a phone call to my apartment then, yet VA tried to contact me at that number 13 years later(!) to go to a C&P.

I also have read previously a case called Hyson vs. Brown from 1993 I believe (can't find the case again) that said that if a vet cannot be contacted and it is immediately after discharge, the VA should contact the vet's former unit and/ or next of kin to attempt to get in touch. (It also says the VA shouldn't be expected to move heaven and Earth to track down a vet, but must make an attempt).

I'm just wondering if I have a good case. The outcome of the CUE I would like to see is a 10% EED for the knee as there is more than enough evidence of a problem at the time of my discharge.

Any inoput and if anyone has any way to get the case of Hyson Vs. Brown (I think it was 1993) that would help!

Edited October 21, 2008 by Quint7

[Quint7]

Ricky, please do not think that I would take that post in the wrong way! Without this site i would be sitting here going insane.

I have all of my records and I was actually thinking the same thing as you posted... are they counting ONLY my final physical as a "clinical" exam?

The history of the knee problem is that it was diagnosed as a medial meniscus tear, patella femoral syndrome, degenerative joint disease and I cant remember what else. This was over 2 years, a few Dr.'s and ended when we deployed for Desert Shield/Storm. At that time I had been told (and it is in the record) that it was not severe enough to rate a medical board. I shut up about it for the rest of my time other than going to get it checked out just before me enlistment ended.

At the final physical it lists:

Clinical Evaluation;

Bilateral possible patella femoral syndrome

Under Statement of present health it says;

I am in good health with the exception of pain in the right knee..... etc.

Under "have you ever had or have you now;

I checked "swollen or painful joints", "cramps in your legs", "possible bone or joint deformities", "trick or locked knee" among other things that aren't related to the knee.

Under check each item yes or no and explain all yes answers the Dr. wrote;

"recurring pain in both shoulders and both knees, seen by ortho".

I wrote "Rt. knee injury treated at 3rd Tank Bn BAS, 29 Palms Ca."

Under Physicains summary it is written;

"Chronic shoulder and knee pain, evaled by ortho who said 'nothing can be done'."

Dated 4-8-94

In a record dated May 9 1994 (after the final physical!) I went to see the Dr. about my knee. It lists patella tenderness, crepitis, pain and concludes that it is patella femoral syndrome.

If VA is using my final physical as the ONLY means of rating me then I gotta think that there is still enough to rate 10% due to pain, etc. I paid for that website to get access to the Hyson case. I'll put a post up of that for all to have.

[Quint7]

I am posting a new thread with the contents of the Hyson case for all to have.