Over 25 Years Of Limping, But Bad Knee Not Sc'd

[hedgey]

I have a lot of gripes with the VA decision I got today, but I can only deal with one at a time. I'm going to file a NOD, that's one thing I do know for sure.

A training accident left me with an injured left foot. I was discharged because of it, the VA later gave me 10% for it, calling it Left Foot - Chronic Residual Pain. That was in 1985.

Last year I filed a claim, and one of the things I listed was to add my right knee as a secondary issue, due to the many years of limping. During the C&P, the evaluator asked if I'd ever fallen. I said yes, my knee had given out and I'd fallen down some stairs. She stated in the report that I had fallen down the stairs and injured my knee. I filed a request to amend the record, and they supposedly approved it.

The Decision Letter refers to that original C&P statement, and also that the arthritis in my right knee is also due to normal aging (funny how only my right knee is aging...)

I'd had an IME scheduled earlier this spring, but one of the partners in the practice died and they canceled my appointment. I'm going to call tomorrow and see if I can get in.

Can anyone please point me in the direction of VA medical precedents that would apply, namely years of antalgia resulting in joint problems on the opposite side? I know I can search somewhere, but I'm not sure how best to phrase the keywords.

Thanks for any help. I'm pretty upset, so I'm sorry if I'm not being very clear or if I'm being too wordy..

[Philip Rogers]

hedgey - hang in there and never give up!!! Trying to SC, a secondary condition, due to an injury 25 yrs ago, is difficult but it certainly can be done. Someone will point you in the right direction, shortly. Sorry but my searching skills are severely lacking. I can never phrase it correctly and you know how computers are.

pr

I have a lot of gripes with the VA decision I got today, but I can only deal with one at a time. I'm going to file a NOD, that's one thing I do know for sure.

A training accident left me with an injured left foot. I was discharged because of it, the VA later gave me 10% for it, calling it Left Foot - Chronic Residual Pain. That was in 1985.

Last year I filed a claim, and one of the things I listed was to add my right knee as a secondary issue, due to the many years of limping. During the C&P, the evaluator asked if I'd ever fallen. I said yes, my knee had given out and I'd fallen down some stairs. She stated in the report that I had fallen down the stairs and injured my knee. I filed a request to amend the record, and they supposedly approved it.

The Decision Letter refers to that original C&P statement, and also that the arthritis in my right knee is also due to normal aging (funny how only my right knee is aging...)

I'd had an IME scheduled earlier this spring, but one of the partners in the practice died and they canceled my appointment. I'm going to call tomorrow and see if I can get in.

Can anyone please point me in the direction of VA medical precedents that would apply, namely years of antalgia resulting in joint problems on the opposite side? I know I can search somewhere, but I'm not sure how best to phrase the keywords.

Thanks for any help. I'm pretty upset, so I'm sorry if I'm not being very clear or if I'm being too wordy..

[John46]

I know what you are saying. My right knee was operated on while in the service (1968). I hurt the other knee in (1975) while on a weekend drill and just this past week got it service connected. The doctor said the magic words, "as least as likely as not." It all boils down to what the doctor says. Try and see a private doctor and tell him what you need and have him say "as least as likely as not." in his report. Don't give up. I had a C&P for knees and IHD and this was the first time that a VA doctor had actually examined my knees.

[John46]

I forgot to say that the doctor stated that there was three possible factors for the condition of the left knee: 1. Normal ageing 2. Weight (6' 4"; 215) and

3. The right knee. She gave equal weight to each one. I was given a 10% for the left knee and the right knee was bumped up from 30% to 60%. Just never give up

[hedgey]

Guys, thank you so much. The words of support just do wonders for my old heart, they really do.

There's a little voice that whispers in my head "oh, hey, you should be grateful for anything they give you. How can you ask for more?" It's a temptation to listen to it, but with the folks here at had-it to help me, I'm going to ignore the little brat!

I was reading through the decision letter again and realized I might have a point in my favor. They reference an appointment I had with a VA provider in March, who stated that my knee problem may be caused by my foot conditions. The DL quotes VA three separate CAVC decisions that establish that the term "may" could also mean "may not" and is therefore too speculative. All the cases were from before 1995.

I see their point, but what about the "benefit of the doubt" issue? If "may" could mean "may not", couldn't it also mean "may"? Wouldn't that be 50/50 and satisfy the "at least as likely as not" requirement?

Thanks again, so much!!

[carlie]

I see their point, but what about the "benefit of the doubt" issue? If "may" could mean "may not", couldn't it also mean "may"?

Wouldn't that be 50/50 and satisfy the "at least as likely as not" requirement?

Thanks again, so much!!

hedgey,

First off - sorry for the denial, I know what a big let down that is.

No, I do not feel may/may not, brings in the BOD for application, as this is not a

showing of relative equipoise nor does it make it "50/50 and satisfy the "at least as likely as not" requirement".

By chance have you gone through your medical treatment records to see if a doctor made any diagnosis or statement

regarding the right knee condition and how it relates to the SC'd left foot ?

I sure wish you'd have gotten that IME to submit on your claim because without it the hamster wheel starts spinning more.

See if you can't get some additional medical evidence that would help advance your claim and start drafting your NOD,

take a while before you submit it tho to get your duckies line up better.

I am sorry for this disappointment.

carlie

[hedgey]

Carlie, thanks :)

I didn't really think the may/may not would fly, but you know how it is when you first get that news and you're feeling scattered and startled and squashed. Thanks for stopping me from chasing a wild goose!

I called this morning and have scheduled an IME for next month (they were waiting to hear from me). My Vet guy advised me to file a NOD so that I would shift into Appeal mode, then I'd have more time to gather more evidence. It doesn't bother me too much to know that it will be another long stretch of time, I know they're swamped and I think it's really my fault for not being better prepared.

I'm seeing my podiatrist next week and will get a letter that clearly states ALL my foot problems and that they're more than likely due to my military injury.