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..

[Pete53]

Hegey:

I am grateful for VA I really am but only because they finally have become more Vet Friendly to me. Partly cause I am civil and courteous and I thank people who help me or are at least friendly.

You are at the stage where anger is a good thing cause it motivates you to work to get your earned benefits. I agree with every post in this thread.

[john999]

The IME is the thing to catch the conscience of the king. The king being the VA. Without my IME/IMO's I would be still at 30% instead of IU. A good IME/IMO can change a denial into a grant better than all the talk in the world.

[carlie]

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.

hedgey,

I know you know the time clock for filing a NOD is within one year of the Rating Decision.

There is also usually a lot of discussion regarding that if you can get really good additional

medical evidence and submit it with a request for reconsideration that might be quicker,

but the NOD clock is still ticking and you should try to never miss that.

Maybe you should broach this possibility with your "vet guy".

Just more food for thought.

carlie