I filed my appeal and the VA has it. What should I expect? Below is the info about my case...
14 yrs active duty-Airborne-diagnosed while on AD with Tibofibular subluxation of the left knee, and put on a permanent profile against running, marching over 5 miles and some other activities. I spent 10 more years in the Reserves and retired May 08. Filed original claim June 08. Awarded 10% for left knee strain. Award letter indicated additional compensation for instability may be considered. Recieved award Apr 09. Also recieve 10% for tinnitus and 0% for hearing loss. I had ACL replacement in July 09 due to constant problems. Filed for temp 100% in July 09 and awarded 100% temp in Sept for 1 month. I requested my file and finally got it in Mar 10. Upon review, I found the C&P Exam Dr indicated I had no limp or instability and used ibuprofin and knee brace for pain. This was wrong-I useb ibuprofin for pain, but knee brace for stability and had a pronounced limp. I also found out he indicated I had no stability problems. Where this came from, I dont know as I remember telling him I did have instability. I have also been receiving treatment for kidney stones since 2001 and my Urologist finally agreed and put in writing that he was convinced they developed while on AD. I also submitted 3 letters from my wife and 2 co-workers that attest to my limp and knee problems in a work and home environment. Below is my appeal letter.
16 April 2010
Department of Veterans Affairs
251 N Main Street
Winston Salem NC, 27155
Attention: VA File Number xxxxxxxxx
Notice of Appeal and Adjustment to Original Claim
Dear Sir/Madam,
I am appealing the decision on my claim filed 3 June 2008 for the following reasons.
1) VA Claim filed 3 June 2008 indicated that I had left knee pain and instability and that I wore a brace that helped with the instability and used Ibuprofen to treat for the pain. An evaluation and rating of 10% was given for the pain in the left knee and no rating or evaluation was given to the instability. I also demonstrated during the exam and have attached statements confirming the fact that I did have a pronounced limp due to the pain and instability of this knee.
2) VA Claim filed 9 July 2009 was approved for a temporary rating of 100% for surgery on the left knee to replace a ripped Anterior Crucial Ligament.
The Code of Federal Regulations Title 38, Section 4.71a, 5257 indicates that instability warrants a rating between 10% for slight instability and a maximum of 30% for severe instability. Considering the fact that I had to have ACL replacement due to the pain and instability of the knee, I feel that I am entitled to a rating for instability of my left knee from the date of the original claim of 3 June 2008. Even after the surgery, I still have to use a knee brace for some activities to ensure the stability of the knee. I also continue to have some pain in the knee even after the surgery.
In reference to the modification of the original claim, I want to add a claim for recurring kidney stones. Attached please find medical documents from my Urologist concerning my kidney stones and the resulting treatments.
Question
crabbyone
I filed my appeal and the VA has it. What should I expect? Below is the info about my case...
14 yrs active duty-Airborne-diagnosed while on AD with Tibofibular subluxation of the left knee, and put on a permanent profile against running, marching over 5 miles and some other activities. I spent 10 more years in the Reserves and retired May 08. Filed original claim June 08. Awarded 10% for left knee strain. Award letter indicated additional compensation for instability may be considered. Recieved award Apr 09. Also recieve 10% for tinnitus and 0% for hearing loss. I had ACL replacement in July 09 due to constant problems. Filed for temp 100% in July 09 and awarded 100% temp in Sept for 1 month. I requested my file and finally got it in Mar 10. Upon review, I found the C&P Exam Dr indicated I had no limp or instability and used ibuprofin and knee brace for pain. This was wrong-I useb ibuprofin for pain, but knee brace for stability and had a pronounced limp. I also found out he indicated I had no stability problems. Where this came from, I dont know as I remember telling him I did have instability. I have also been receiving treatment for kidney stones since 2001 and my Urologist finally agreed and put in writing that he was convinced they developed while on AD. I also submitted 3 letters from my wife and 2 co-workers that attest to my limp and knee problems in a work and home environment. Below is my appeal letter.
16 April 2010
Department of Veterans Affairs
251 N Main Street
Winston Salem NC, 27155
Attention: VA File Number xxxxxxxxx
Notice of Appeal and Adjustment to Original Claim
Dear Sir/Madam,
I am appealing the decision on my claim filed 3 June 2008 for the following reasons.
1) VA Claim filed 3 June 2008 indicated that I had left knee pain and instability and that I wore a brace that helped with the instability and used Ibuprofen to treat for the pain. An evaluation and rating of 10% was given for the pain in the left knee and no rating or evaluation was given to the instability. I also demonstrated during the exam and have attached statements confirming the fact that I did have a pronounced limp due to the pain and instability of this knee.
2) VA Claim filed 9 July 2009 was approved for a temporary rating of 100% for surgery on the left knee to replace a ripped Anterior Crucial Ligament.
The Code of Federal Regulations Title 38, Section 4.71a, 5257 indicates that instability warrants a rating between 10% for slight instability and a maximum of 30% for severe instability. Considering the fact that I had to have ACL replacement due to the pain and instability of the knee, I feel that I am entitled to a rating for instability of my left knee from the date of the original claim of 3 June 2008. Even after the surgery, I still have to use a knee brace for some activities to ensure the stability of the knee. I also continue to have some pain in the knee even after the surgery.
In reference to the modification of the original claim, I want to add a claim for recurring kidney stones. Attached please find medical documents from my Urologist concerning my kidney stones and the resulting treatments.
I will be awaiting your reply.
Sincerely,
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