Nod

[nanaeris]

When I filed my NOD and pointed out to the VA all the things I thought was wrong with their denial notice, the VA scheduled me for another round of C&P exams. For my bilateral knee disabilitity the doctor stated in the summary of all problems, I had Quadricepts tendonitis, Post surgical change in suprapattellar tendon, horizontal cleavage tear meical medial meniscus, residual Osgood Schlatter,s debridment with DJD and Chondromalacia, the same was for the left knee except for the torn menicus. On the range of motion limitation after repetive motion; left knee left flexion 0 to 90 degrees; left extension 0 to 20 degrees; range of motion right knee flexion 0 to 90 degrees; right extension 0 to 20 degrees. He stated this has a significant effects on my employment and daily activities.

On the mental health C&P exam the doctor stated my current mental health problem are caused by military service or aggravated by service connected knee condition. He state my mental health probless were at least as not caused by or a result of military service and were further aggrevated by his service connected knee condition. He stated. He stated my mental condition has a decreased concentration, poor social interaction at work. He stated I suffer from Manjor depressive disorder, recurrent, moderate, chronic pain and discomfort. I had these two C&P exams in early December and haven't heard from the VA since. My question is are the VA going to use this information to make a decision or am I going to still have to go to a BVA hearing. No one at the 1-800 number don't seem to know the answer, and when I try to contact the DVA in Waco, I have yet to get a call back. Can some tell me what I am look at.

Thanks again,

nanaeris

[Pete53]

If you don't have to go to far visit the VA at Waco and ask to see a VA Councilor. They are actually pretty nice and usually helpful. You can also see one of the Service Officers for whoever is you VSO at Waco but if it were me I would see the VA first.

[pacmanx1]

If you have already had your second round of C & P exams then the regional office should use this information, Keep in mind that you could get an increase, decrease or your ratings could stay the same. If you have not had your second round of C & P exams, the VA should set up the exams and go from there. It really doesn't matter, if you don't like their decision then your claim will go to BVA. But who know what VA would really do.

[nanaeris]

If you have already had your second round of C & P exams then the regional office should use this information, Keep in mind that you could get an increase, decrease or your ratings could stay the same. If you have not had your second round of C & P exams, the VA should set up the exams and go from there. It really doesn't matter, if you don't like their decision then your claim will go to BVA. But who know what VA would really do.

I already had the second round of C&P exams. I got a copy of the doctors report. In the bilateral knee report as I stated the range of motion limitation after repetive motion right extension 0 to 20 degrees, left extension 0 to 20 degrees. On the mental health issues he stated it was most likely as not caused by my military service and aggravated by my service connected bilateral knee condition. Like I stated earlier these C&P exams were done on 27 November and 2 December 2009. Although the DRO had denied me, after I filed the NOD, which was about 12 pages. I went through my SMR and pointed out every thing that the DRO had missed and sent the medical evidence from my SMR is when I got scheduled for the second round of C&P exams. It just amazed me, that a DRO who is suppose to review the whole medical records could miss all this evidence. I basically had to do his/her job. My question is how long does it takes before I get a decision and if I am denied again will I get a SSOC or have to wait for a BVA hearing. Also do the Rater use the range of motion after repetive motion? If that is the case I should be rated at 30% for each knee with extension of 0 to 20 degrees. One more thing that got me puzzled when I had surgery for a torn menicus, the VA gave me 100% for the month of rehabilation. At the time before I started reading this forum, I did not know it got a seperate rating. I am assuming they did not want to give me the 10% because the DRO stated it wasn't service connected. With all the things that are wrong with my knees, I don't know how he/she came to that conclusion. But I will fight that when I get a decision about the increase for bilateral knee condition, and mental health issue. Any comment or advice will be greatly appreciated. Thank every one again.

nanaeris

P.S. trying to correct all the VA mistake is liking working a full-time job doing research and trying to understand the law?