Rating Disability

[nanaeris]

I don't know if everyone remember me, anyway, when when I filed my NOD back in 2009, I went through my military medical records and sent them along with form 9. How a Rating Specialist and a DRO could miss so much information is beyond me. I had filied for major depression and an increase for my service-connected bilitary knee disability. The VA sent me to a second round of C&P exams. This time the Examiner had my complete C-file. The mental health Examiner stated my major depression was directly related to my military service. The VA rated my major depression at 30%. The Examiner that did my bilateral knee exam stated my leg extension was limited to 20 degrees after 3 repetitve motions. The bilateral knee disability is currently rated at 20% under DC 5260. The VA failed to rate my knee condition under DC 5261 which would have given me 30%. I pointed out to the VA that the General Council stated knee condition could be rated under either DC. I also pointed out to the VA that the parital medial meniscus removal gets a seperated rating. I pointed out that the type of meniscus tear (complex or horizontal tear) is consistant with the type knee disabiliy I am currently service-connected for. My question is should the VA have used DC 5261 which would have raised my disability to 30%? Also the VA did not request the C&P make a determination wheather my meniscus removal was directly or secondary to my knee disability. At present I am still waiting for an answer from the VA about my response to their SSOC. Any advise or reccomentation would be very helpful because my VSR is not very helpful.

Thank you

nanaeris