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Please Help Explain These 2 Iris Responses

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usmc1114

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I really wish I would have found this site prior to going for my C&P exam. Anyway, I have submitted 2 IRIS in the past few months and these are the two responses I have received. I am correct in that it is my understanding that my file is sitting in a pile waiting for a rater to review it? Any help in terms of the next step and about how long it could take from until I receive a decision would be greatly appreciated. My claim is being processed through the Detroit, MI location. Thanks!

1. Your claim was sent to the rating board on May 20, 2009. The results of your examinations were recorded on your claim and your claim was sent to the rating board.

2. We show that as of June 8, 2009 your claim is ready for a decision. We are unable to give you a timeline when the rater will review your file as we do not know their caseload.

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"is due to" (100% sure)

"more likely than not" (greater than 50%)

"at least as likely as not" (equal to or greater than 50%)

"not at least as likely as not" (less than 50%)

"is not due to" (0%)

This is VA code and most Doc's not likely to use these phrases on anything that they write. Most Docs will say that the Veteran is unemployable and that should be the word or phrase to pull the trigger.

"at least as likely as not equal to 50%" what kind of BS is that?

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***** UPDATE **** I received notification on the decision for my initial claim. I received 10% for ankle, 10% for back, but the knee was deferred. Do you think they deferred the decision on the left knee because of the typo in the doctor's C&P Exam? His report read "Regarding the left knee, once again during this same incident in 1988 he had a twisting type injury, and also with a reinjury in 1991 during physical therapy-type exercise. Essentially he has had chronic knee pain since approximately 1990 or 1991. On review of the veteran's C- file this is documented as a chronic left knee pain onset during December of 1981. He has been given the diagnosis of chronic chondromalacia patella without evidence of significant injury on the C-file. His current complaints including continuation of throbbing type sensations located to the anterior aspect of the knee, peripatellar region, with a more recent onset of posterior medial joint line pain, increasing with deep flexion, without history of new or recent injury. He does state that his knee feels like it gives out on him occasionally." In December of 1981 I would have been 12 years old. My Medical Records for the Marine Corps states "Left knee becomes painful and swollen since Dec 91".

This is an obvious typo. My question is do I a) wait for the folks handling the deferred C&P or :angry: should I do an IRIS and submit this same information or c) contact the VFW rep that help with my claim or d) sit tight?

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***** UPDATE **** I received notification on the decision for my initial claim. I received 10% for ankle, 10% for back, but the knee was deferred. Do you think they deferred the decision on the left knee because of the typo in the doctor's C&P Exam? His report read "Regarding the left knee, once again during this same incident in 1988 he had a twisting type injury, and also with a reinjury in 1991 during physical therapy-type exercise. Essentially he has had chronic knee pain since approximately 1990 or 1991. On review of the veteran's C- file this is documented as a chronic left knee pain onset during December of 1981. He has been given the diagnosis of chronic chondromalacia patella without evidence of significant injury on the C-file. His current complaints including continuation of throbbing type sensations located to the anterior aspect of the knee, peripatellar region, with a more recent onset of posterior medial joint line pain, increasing with deep flexion, without history of new or recent injury. He does state that his knee feels like it gives out on him occasionally." In December of 1981 I would have been 12 years old. My Medical Records for the Marine Corps states "Left knee becomes painful and swollen since Dec 91".

This is an obvious typo. My question is do I a) wait for the folks handling the deferred C&P or :angry: should I do an IRIS and submit this same information or c) contact the VFW rep that help with my claim or d) sit tight?

I would go to the VFW.. It reads like the 1981 may or may not be a factor.. Sounds like "Without evidence of significant injury on the C-File" is your issue.. But at this point you shoudl probably file the statement in support of claim to correct it.

Knee claims are something the VA does not like to pay. I go denied. And refiled for permanenet nerve damage down my leg.. and got it that way.

Congrats on the Back and Ankle.. Honestly your back will not improve with age, and as your side effects get worst just keep filing. You can just file for secondary conditions to your back. If your pain starts radiating down your legs, then file for an increase, that is how the back percentage will go up.

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