Appeal Video Conference, S/c Back Secondary To S/c Knees

[USAFvet13]

Hello all, unfortuantely my first post must be one asking for help as I do not know what to do from here.

I have service connections for the following:

Right knee degen joint disease w/ slight subluxation 10%

Right knee patellofemoral syndrome with chondromalacia 10%

Left knee patellofemoral syndrome with chondromalacia 10%

My knee symptoms and pain started during my service in the USAF. I have a lot of medical records to prove this so getting s/c for my knees wasn't extremely difficult. My knee s/c disablities began in 2004. I had surgery on my right knee with a private doctor in 2005 and since then I have had back pain and problems. I have continuous medical records from different chiropractors to show my back problems.

Problem is I never had any of them connect my knee problems to developing a back problem until I decided to try to get s/c back secondary to knees. I was able to get an IMO recently from one chiro saying "........ I have reviewed xxxx SMR's and it is my professional opinion that his altered gait due to his bilateral knee complaints has contributed to his low-back pain."

Here is where the difficulty began. I failed to get all my chiro records and this letter to the VA before they made a decision on back secondary to my knees. So I was denied. I filed a NOD and during this time my chiro records and my IMO made it to the VA. Well, they denied me again. This time they are saying there is significant documentation in support of a back problem, but I am lacking evidence of an altered gait with the exception of one VA note, and the IMO I submitted. So I have now requested a board of vet appeal video conference hearing.

I just today came from an appointment with the physical therapy / rehab doc at the VA in hopes that she would back up the altered gait developing a back problem, but she wouldn't write me an IMO and didn't agree with me that its a possiblity my knee conditions contributed to my back condition... WTF? She said she has plenty of patients with knee/ankle problems that do not develope back conditions...

So now I'm not sure what to do. The DAV is helping me, and he even said it's common medical knowledge that if you ankle or knee get messed up it will have a chain reaction and eventually mess up your back.

Sorry for the long rant, I look forward to hearing some advice on what to do. Hopefully I have enough time to figure something out before my appeal.

[retiredat44]

regarding the exam, review, etc..

I am a ltiutle confused int he steps of the calim here..

first you filed, you get denied, you filed nod.. then you got a c&p exam,, they denied..

this is the step I am confused:

you then file for a hearing.. but where does this (DRO) Review come in,

betweent he NOD and the hearing?

They diodn't even read my IMO at my NOD stage.. (I have proof) because they never even alloked at alt he evidence in my IMO.. and never addressed in ny my decision..

So, what about this DRO (review)?

how and where is/was that suppose to happen?

My claim is no going from the NOD to a BVA Hearing,, where did the DRO come into play.. or is it built in soemwhere..

At no point have I actually been able to verbally tell my story,,

The C&P doc did not mention my IMO's from my other docs individually but instead made a broad generalized statement addressing all of them at the same time in one sentence. I will post the exact wording later tonight. Two questions:

1. Should I wait and see how this will play out from here and see what is decided? I was told it's possible the DRO may decide in my favor and it not need to go to the video conference (not looking good though since the C&P doc gave me a Less likely than not statement) Or should I file now to have the exam thrown out?

2. How do I file to have this C&P thrown out and request another one? I don't remember ever reading about this process in my research.

Thanks for all the help so far, its truely appreciated.

[USAFvet13]

Sorry, I made it confusing in the way I typed it up. Here is my time-line for this appeal:

1.) Sent it claim

2.) Claim considered based on all evidence and denied (my evidence didn't make it in time because I was too slow gathering them)

3.) NOD sent in

4.) De NoVo Review performed based on all the evidence of record, Denied me again (here is when they said only one mention of altered gait in all my records)

5.) Appeal election letter sent in

6.) I now gather 4 IMOs from 2 chiros, 1 PT doc, and 1 Ortho all saying my knees to cause my back pain. I send all this in.

7.) Finally get a C&P for my back

So the first two times I was denied benefits... I didn't ever get a C&P exam for my back. This past one was my first and it was after I filed an appeal.

I'm not sure about the DRO... I thought my case and C&P exam would now again be reviewed and if a favorable decision could be met then I would get service connection, if no favorable decision could be met I thought it then goes to my video hearing. Am I incorrect on how this works? I'm going to do some more research this morning and early next week go to the DAV for advice.

Lastly, I read that I need to send in a statement ASAP asking that this recent C&P be thrown out and list the reasons. Is that how you request a C&P be thrown out, just by sending in a letter (would this be another statement in support of claim form?)

[USAFvet13]

That was quick... Received a Supplemental statement of the case today... Denied again. My C&P doc stuck it to me. He really twisted information around that I provided and left off painful motion from his report. To make a long story short I want to get a DRO hearing at my VA regional office in hopes of getting this C&P thrown out and that in speaking to someone in person I can explain my situation better. That is opposed to the alternative of going all the way to a BVA hearing because my rep told me it could take years.... But I don't know where to go from here.

As my below time line describes I have already sent in a VA Form9 once with the selection of wanting a BVA Hearing at a local VA office. Then I received this C&P last week and then just today I received the SSOC telling me I was denied again. Is it too late to request a DRO review hearing at my regional office now? I'm a little confused because on the VA Form9 it says specifically not to use it to request a hearing before va regional office personnel.

[retiredat44]

They ignored my IMO and so I have to show them in DRO hearing, and also maybe the BVA hearing, that the IMO had the information they refused to read and acknowledge.. I have mor ehan enough evidence, so I feel confident, once I can actually speak to a person, instead of them hding behind a desk, I can make my case.. my Veteran Serice officer says I have a good case..

I was wondering what happened with your IMO, did they ignore it also?

I have no idea how they can get away with ignoring and not even responding to evidence..

I like thear from others who showed they ignored evidence and how they tried to weasel out when confrtonted with the evidence in person? How to they weasel out in person?

[USAFvet13]

I submitted 4 IMOs. The C&P examiner mentioned 2 of them and that's it. I just finished typing up a letter to send it disputing each piece of detail the C&P examiner left out, or didn't include in his conclusion. It ended up being... lengthy, but would be exactly what I would say if I were to go in person.

[USAFvet13]

After reading another thread with a post from Berta talking about having a DRO hearing and a BVA going at the same time I have a question. It seems as though I passed up a DRO hearing option when earlier in my claim process I had a DRO De Novo review and then was denied again. Now I just received my SSOC and was denied yet again but I'm in a similar situation as another member here as some of my IMOs were not mentioned and other evidence was overlooked. So, the SSOC tells me I can send in a Form9 if I haven't already (I did already back in Nov of 2009 with the box checked " I want a BVA hearing at a local VA office".)

Here is my question.....Can I withdraw my form 9 and instead have a DRO hearing? Or did the choosing of a DRO De Novo review cancel that option out?