Cue

[nanaeris]

I have been reading some of the replies to question. My question is what is the difference between CUE and Earlier Effective Date. When I filed a claim for bilaterial knee condition back in 1976 I was denied. When I re-open my clair in 1998 I won on appeal. When they denied me in 1976 the VA stated I had Osgood Schlatter Disease that pre-existed Military Service and wasn't aggavated by military service. I have asked over the years what evidence they had to come to the conclusion I had Osgood Schlatters Disease before I enlisted in the military. The only thing I can see in my military medical records is a statement by a doctor that said I stated I had pain below my knees when playing basketball when I was sixteen. I look at my Induction Physical and I was 5'10". When the doctor stated I had Osgood Schlatters Disease, I had been in the military over 2 years and grew to 6'1/2". Since Osgood Schlatter Disease usually happen when your are growing, I think it happened while I was in the military. I don't see where the VA applied the Presumption of Soundness law in their initial denial notice. When I reopen my case in 1998 I pointed out to the VA this fact and I also all the other bilaterial knee problems I had been diagnosed with while in the military. I had had two surgeries on my knees since leaving the military and both were related back to the military. I had asked the VA to evaluate these other conditions when they sent me to a C&P exam. Naturally they ignored me and had me evaluated again for Osgood Schlatters disease only. The doctor that evaluated me stated that more likely than not military service had aggravated my knee condition. The VA still denied me. This time I appealed. I took all my military medical records to the VA Regional Office in LA and know one would answer my question why all these other conditions where not included in the C&P exam. I could not get an answer. So I sent an e-mail to Washington DC and was suprised I got a call back and three days later my disability was granted. My question is since non of the other knee conditions was included in the initial C&P exam and denial and was included in the 1998 appeal decision, is this a CUE or eariler effective date to ask for. It is easy to prove I didn't have Osgood Schlatter Disease before I entered the military and all the other knee problems I had is part of my military medical records. I can't see in any of the VA records where they stated what information they had that I had Osgood Schlatter Disease before I entered the military and if they do they won't tell me. Can someone in this forum give some advice wheater I have a case or not.

Thank you,

nanaeris.

[jbasser]

You need to get a medical record reconciliation and an IME from an occupational specialist.

Call a local ssa attorney and ask them who they use for SSDI Ime's and ask the rate and make an appt.

J

[nanaeris]

The only way to get an EED for your leg conditions is to file a CUE claim since the 1976 denial became final after one year. Do you have the Osgood disorder now? Basically, the VA said you had pre-existing conditions that were not aggravated by your military service. What conditions were you service connected for by the VA? What records do you have in your SMR's that show injury or some problem with your knees during service? When you were denied for knee conditions in 1976 did you have any other evidence besides VA and SMR's that the VA did not include in their rating decision. You can get a lot more information on CUE claims here. They are difficult claims to win because they are so powerful.

What the VA stated when I won the appeal was I had Osgood Schlatter Disease, with a history of chondromalacia and osteoarthrithis. I looked at my PEB report and in the VA diagnostic code had 5002. I think that was a mistake and it should have been 5003. As for the knee injuries I had before the Air Force doctors discoved I had osgood schlatters disease included patella tendonitis, patella femoral sydrome, chondromalacia and execessive fluid build-up from knee injuries during training and sports. As I stated I had been in the military over 2 years before the discovered I had osgood schlatters disease. What the military doctors didn't realize is that I had grew 2 1/2". I have asked the VA,over the years, what evidence they had for them to come to the conclusion that I had osgood schlatters disease before I entered the military. Am I intitled to an answer? Like I stated it is easy to prove that I didn't because I had grown over 2".

[nanaeris]

John is right- If they committed a Legal Error (which could be the wrong diagnostic code on the disability they said you had but didnt have)-that is a legal error.

Do you have a copy of the 1976 decision?

I am confused here-the Osgood Schlatters Disease-

do you have this now? or is this still l an incorrect determination by the VA?

Gee John and I have dejavu-he also asked this-

what is the rating and diagnostic code and diagnosis for what you did succeed in SC on?

Yes, I have to look through all the records I have and get back with you. On the recent denial for and increase, the VA have diagnostic code 5260. After I had surgery in 1979 they included that evidence, but they stated post-debrisment actually I had a large cartidgous cap that was pushing up into my knee cap. Luckly it was benign. This is what the VA doctor that did the C&P exam stated I had a tumor in my left leg. When I had surgery in 2001 for a partial menicus removal this is all included in the the section when I filed for a increase in 2001 which took me from 20% to 40%. I guess they looked back in my SMR and found I had popping and cracking in my right knee.

On my PEB the diagnostic code is 5002. I think the Air Force meant 5003.