Tkr Postop Pain

[cooter]

Im rated 60% on right knee due to postop occuring pain and buckleing,ect. in 2009. I was forced to take a disability retirement in June 2008 due to my sc knee injury which is noted by my last employer. This was all due to a tragic parachute fall while attending airbourne school at ft. benning,ga. in 1976. I didn't apply for compensation with the VA untill 2004 bcause believe or not I didn't know I could!!! I was out of the service for 30 years before I joined the American Legion post in arizona and thats when I found out I could apply. I guess I don't get around much.ha. I filed a claim for IU due to symptoms stated above. They denied my claim stating the VA med examiner said I could be employed with a job sitting down. I filed a reconcider letter 2 weeks ago. I also sent a letter from my civ. Dr. saying I can not sit for more than 15 minutes at a time. By the way my civ doc is not an ortho but a pain management dr. I understand I hve 60 days to send the VA any evidence that will support my claim. I lost my job of 22 years and havn't worked since june 2008. Any help from the Hadit family or anyone thats been thru or seen this type of claim would surely be appreciated. I'm also new here, and not sure where to find your answers or ideas. help again

[Berta]

"During my postservice years to now I've had back, legs, feet, and neck problems. My

last MRI in 2005 showed sever spinal cord stenosis in lowerback and neck. and some DDD problems, sciatic nerve problems in legs and feet"

A good IMO could potentially connect all of the dots here and would reveal how the initial disability has profoundly disabled you to the point of not being able to work.

Unless there is some other post service etiology, these could definitely be secondary conditions to the the inservice injury.They have to be formally claimed as secondary to the Original SC.Stress on any major joint can certainly affect other joints ,the back, neck,etc.

Hopefully they will read and address the reconsideration request but still you have to watch the NOD clock because a reconsideration request cannot replace a formal NOD.

You need to go over the evidence list carefully and the narrative, to see what they used, what they parsed or manipulated, and what they had bit ignored -send it in again as new evidence.

See if the actual C & P doc considered the 2005 MRI:

"last MRI in 2005 showed sever spinal cord stenosis in lowerback and neck. and some DDD problems, sciatic nerve problems in legs and feet. I also have

anxiety/panic"

Did you also request your 201 file from NARA along with the SMRs?

Did your copy of your SMrs come from the VA or from NARA?

When VA says something isnt in Military records or SMRs , I never believe them.I even have copies here of SMRs from vets I know that were "destroyed in the St Louis Fire" per the VA.

Also I have SMRs that helped some local vets get SC because No one , no vet rep, not the VA itself, actually read the SMRs carefully.

One vet had 2 lawyers, went to BVA twice and to CAVC twice and within minutes of seeing his BVA decision where one reference was made to something in his SMRs I knew he had a winner.

SMCs are not easy to decifer sometimes but need to be read carefully.By the vet and by the VA.

If there is any other possible etiology for these problems in the SMRs raise that issue to the VA too.

I hope the DAV supports the reconsideration request and they were right to suggest it.

Edited August 11, 2010 by Berta

[cooter]

"During my postservice years to now I've had back, legs, feet, and neck problems. My

last MRI in 2005 showed sever spinal cord stenosis in lowerback and neck. and some DDD problems, sciatic nerve problems in legs and feet"

A good IMO could potentially connect all of the dots here and would reveal how the initial disability has profoundly disabled you to the point of not being able to work.

Unless there is some other post service etiology, these could definitely be secondary conditions to the the inservice injury.They have to be formally claimed as secondary to the Original SC.Stress on any major joint can certainly affect other joints ,the back, neck,etc.

Hopefully they will read and address the reconsideration request but still you have to watch the NOD clock because a reconsideration request cannot replace a formal NOD.

You need to go over the evidence list carefully and the narrative, to see what they used, what they parsed or manipulated, and what they had bit ignored -send it in again as new evidence.

See if the actual C & P doc considered the 2005 MRI:

"last MRI in 2005 showed sever spinal cord stenosis in lowerback and neck. and some DDD problems, sciatic nerve problems in legs and feet. I also have

anxiety/panic"

Did you also request your 201 file from NARA along with the SMRs?

Did your copy of your SMrs come from the VA or from NARA?

When VA says something isnt in Military records or SMRs , I never believe them.I even have copies here of SMRs from vets I know that were "destroyed in the St Louis Fire" per the VA.

Also I have SMRs that helped some local vets get SC because No one , no vet rep, not the VA itself, actually read the SMRs carefully.

One vet had 2 lawyers, went to BVA twice and to CAVC twice and within minutes of seeing his BVA decision where one reference was made to something in his SMRs I knew he had a winner.

SMCs are not easy to decifer sometimes but need to be read carefully.By the vet and by the VA.

If there is any other possible etiology for these problems in the SMRs raise that issue to the VA too.

I hope the DAV supports the reconsideration request and they were right to suggest it.

Good morning Berta. Ok I'm thinking what your saying is to send in the results of the MRI along with the current claim I have pending for TDIU, and file this as secondary to my knee, and file this as new evidence correct?

What is a 201 file? When I requested copies of my SMR's from NARA they sent me a letter stating my records had been lent to the VA. So I requested copies from

the VA and received them from my claim file.

There is one other factor in my SMR besides the parachute fall. I hurt my neck playing football while in service oversea's and went to the clinic and complained of

neck pain and popping of neck. They x-rayed and came out negitive. !!!BROKEN ARROW!!!

[cooter]

You should probably file for chronic pain disorder as well. Have you ever seen a psychiatrist at the VA? If your knee is that bad that you can't sit for more than 15 minutes you must have pretty severe pain. What kind of pain meds do you take? Your medications affect your ability to work if you are doped out. Why did you lose your job? I would get a letter from my pain doctor to say that due to severity of pain and pain meds you can't concentrate enough to hold a job. As Berta says you may have other secondary disabilites due to that knee. Do you see a real orthopedists that could help you? If you want to win a TDIU claim you have to take it to them. Do you get SSD for your knee? How have you lived the last two years with no job? Your disability retirement should help your TDIU claim. Are you saying your former employer could find no accommodation for you? What you need to show the VA is that soley because of your SC conditions you cannot maintain employment.

Good morning John999! Sorry I couldn't reply to you earlier, I had an appointment with the doc yesteday and it takes a full day to get there and back since I live in a little city in the mountains I have to go to a bigger city to get better results,if you get my drift.

Your right I should file for chronic pain disorder and I will. My meds right now are Oxycodone 10-mgs, xanax for my anxiety/panic disorder, flexeril for muscle spasms.

and Lidocaine patches. He wanted to put me on Oxycotin but I refused. I have an anger problem as it is and don't want to add fuel to the fire. My wife is on it and I havn't

been out of the doghouse since,lol.

No I havn't seen a psychiatrist yet. Is it better to see one at the VA verses a civ one? My head is on cloud nine when on my meds, which is all the time, and blurred

vision.

When I was working my occupation was an electrical lineman. I had arthoscopy on my right knee in 2007, took a year off work due to complications of knee and was

forced to retire on disibility since I could't climb and perform my duties as a lineman. I had to perform a 4 year apprentice program just to get this job. which is the only

qualifications I have (as to occuptional purpaces).

I havn't filed for SSD yet, as I'm still waiting for more evidense. Shouldn't be long now.

My former employer could not accomodate me with another job as I was not trained for other placements. Whic they noted on my disibility papers.

How can my disibility retirement help me? What true value does this have with the VA? The wife and I are surviving on her SSD and my retirement, which has caused a fianancial hardship due to the earnings we were bringing home. !!!BROKEN ARROW!!!

hav