Rating Disability

[nanaeris]

B) When I filed a NOD after the DRO denied my claim, I did what I was advised by veterans of this site. I got a copy of my C-file, Service Medical Records and went through them and pulled out all the information I thought was revelent to my case. I wrote a 12 page NOD and sent them copies of the revelent documents. The VA scheduled me for another C&P exam for my bilateral knee disability and the doctor had my complete file this time. I just got a copy of the rerport, in the Summary of Joint Symptoms section he write yes for the following: Giving Way; Instability; Pain; Stiffness; Weakness; Decrease speed of Joint Motion; Effusions; Flare-up of Joint disease; Severity-severe; Frequency-every 1 to 2 months; Duration-1 to 2 weeks;

Assistive Devices: Orthotic Inserts; Cane; Braces; Frequency of Use-Always.

On the Range of Motion: He states addition limitation after three repetition of Range of Motion is Left Flexion: 0 to 90 degrees; Left Extension: 0 to 20 degrees. Right Flexion: 0 to 90 degrees; Right Extension 0 to 20 degrees.

On the Diagnoses and Functional effects section, Left Knee he lists Quadricepts Tendonitis; Post surgical change suprapatellar tendon; Horizontal cleavage tear posterior horn medial menicus; Residual Osgood Schlatter's debridment with Degenerative Joint Disease and Chondromalacia. On the Right Knee, Quadricepts Tendonitis; and Residual Osgood Schlatter's ddebridment with Degenrative Joint Disease and Chondromalacia.

The doctor states the bilateral knee disability has significant effects on my usual occupation, and moderate to severe effects on my daily activities.

This doctor took the time to review my SMR and related all the condition to my time in the military.

My question is what does the VA use to rate all of this? The Summary of Joint Symptoms or something else. Can I please get an opinion on what will be rated and how.

Thank you again and for all the help on this web site. By the way I still haven't got the results from my second mental health C&P exam. Without this site I would have not been able to accomplish all of this because the DAV have not been any help at all. I was surprise at the DAV at the Waco Regional Office because the DAV in the Los Angeles Regional were really on the ball.

Thanks again,

nanaeris

[Pete53]

Good Luck on your claim

[pelicanbrave]

I have been searching for info myself. We may be in a similar situation but I just filed an informal claim today. I had a partial patellectomy with a lateral release and scope for plica in 1998 and have had significant back issues for 6 or more years now. Osteoarthritis, Spondylosis, and Carpel Tunnel. A few more I think I can tie in but It's hard to read some of the VA Regs. Just had surgery for a herniated disk New Years Eve. I did talk with my neurosurgeon and he said he was more than sure that my Osteo and Spondlyosis were service related but I don't understand the formulas the VA come up with sometimes for compensation. If I do find out I will post and I'll keep up with your progress. Good Luck!

[mkew77j]

I am currently not on MEB status although I have been before and hope to be soon again. Just so everyone knows, if you have a CPAP and have S/A you will be found fit and returned to duty. The reason I hope so soon is if they would’ve listened to me I wouldn’t have had to have surgery.

That was told to me this week. I went in to get the copies of my medical records (mention that later). I called my doctor to ask when I could start running as I need to start getting in shape and he said you will never run. I am active duty and I am sure that is not going to fly. I had a 360 fusion with hardware and he said if you run you will wear down the disk above it since it is at the top of the lumbar. He said the impact of running will wear it down fairly quickly. I was also told I would have permanent lifting and bending restrictions. I found it in the regs that if you are permanently exempted from any component of the fitness test you should be MEB'd. I have been out of work since my surgery Aug 31 2009. I was also told I was not on a profile as I don’t need one as I am still on Conv leave. Anyone want to take a shot at what I could be looking at when I am returned to work by my surgeon. In other words once the Air Force gets wind of these restrictions what do you think their response is going to be?

Now for my med record copies. It is funny as I am C coded for sleep apnea. I have been boarded for that. But yet my medical record had nothing in it about even going to the sleep study. It is ok because I kept my own. But why is my sleep study results and MEB results and such not in there. Did they do as I have heard before and mysteriously lost them? Like I said for the past 2 yrs everything on me medically I have kept record or official copies so if they did "lose" it I have my own. Do I smell a shaft job in the works?

Please respond to dontuwantoknow7@yahoo.com as it is hard to get back to exactly where you originally posted.