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.

[USAFvet13]

I think I would just ask for a personal hearing on your claim. It takes a long time for the VA to actually certify your claim to the BVA. You may get another bite at the apple while you still have a shot at the BVA. The key is to get a personal hearing and not just a review by some faceless rating officer. I would write a letter asking for the hearing and ask the VA to delay your BVA appeal until you get the hearing. I did this myself. Yes, and if the VA uses a MD to do your c&p it will top a chiro, so get the ortho to do the IME.

John, did it help your claim by delaying your BVA appeal and instead getting a hearing locally? Or did your claim still go to the BVA?

[john999]

Yes, it did help my claim. I got IU on the first DRO Hearing and P&T the second time.

[1lonewolf]

Well that is good news. Congrats on your award. It gives me hope as I am still in the trenches on my claim. I just submitted another IMO from an Ortho Doc and I have already had a DRO personal hearing. I am now waiting for the DRO to review the new evidence and I am curious to see if he will send me for another C and P exam. He stated that he would but I am hoping that they just make a decision on my claim based on the overwhelming evidence including "Back and hip pain due to abnormal gait" which is clearly stated in my VA medical records by more than one VA doc. I know going for another C and P might put me back at square one if the Doctor is anything like the last one who started all this with the bad eval. I guess all I can do is sit tight (metaphor being as I cannot sit for me than 5 - 10 minutes) and wait for the next step. I am curious though, what was the initial percentage award for your lower spine?

[usmc25]

hello everybody today is my first time on here not sure how it works i am a former marine medically discharged. I was collecting 50% now 60% it sucks i have a problem maybe y'all can help me. I put in for TBI, Back and Knees. I somehow only got 10% for TBI after i have sevier injuries sustained while overseas. and 10% for tenitius. They cancelled out my knees witch i have three different doctors from three different naval hospitals say i have torn meniscus and two torn nerves in left knee. I filed for bi-lateral knee for reason of both knees took hell. I have compressed disc in my back and three out of line in lower back. how is it they wanna do surgry on my knees but will not compensate me for it. and tell me i need a pain specialist for my back, but will not compensate me. any help at all will be much appreciated.

[carlie]

usmc25,

Please pick a Forum and post your questions there as a new topic.

[retiredat44]

In the USAF, I developed knee pain, I was doing hard work with fueling equipment and jumping in and out of fuel trucks. I saw the doctors many times for leg pain in the USAF. A few years later I found out I had degenerative disc disease and had to have a ruptured sic removed by surgery. I then also found out I have myotonic dystrophy, which is also a muscle disease. I too am going to have to explain this at an upcoming DRO hearing.

You thread caught my attention about the knee problems..