Need Help

[okie143]

I am trying to help my brother-in-law with his claim. He was in the Navy in 1969-1971. He broke his ankle during basic training and he filed a VA claim on it and was awarded 20% SC.

While in the Navy he was on guard duty in San Diego when he broke up a fight between two sailors. During the scuffle he was knocked down and a sharp object stuck in his knee up to 2 inches deep. He did not report the injury as he had been drinking while on guard duty. However, on his honorable discharge papers it shows he has a 3/4" scare on his knee. It wasn't on his enlist physical paperwork.

Now his knee is giving him a lot of problems and we are trying to figure out how to file a claim for it. I can use the exist physical paper showing the 3/4" scar but there is nothing else in his records to say how he got it. The Navy didn't put a lot of stuff in medical records back then.

I was also wondering if his ankle problem, which causes him to have an an awkward gait, walk. That can cause strain on the knee by being out of position.

He can get two IMO stating "As Least As Likely As" the ankle causing his knee pain as well.

Any help would be appreciated.

Any appeals rulings that say one injury can cause another area pain would also be useful.

Thanks.

Ray

[JHawks]

His ankle problems can and do cause knee problems over time. You stated he has an abnormal gait. What happens is that when you ankle is in bad shape you limp and shift your weight to the other leg while walking. Thus, the abnormal gait.

I am SC for my left ankle. Over the years the gait issue caused my knees to have problems. Now I am SC for my knees as SECONDARY to my ankle. Also his other ankle might be giving him problems as the gait causes undo stress on the other ankle.

I suggest his doc get X-Rays of both knees and both ankles. See if their is any problems with all of them. Then file a claim for increase in the 20% for the injured ankle and SECONDARY for any other problems his doc can uncover with his knees and other ankle.

[allan]

[on his honorable discharge papers it shows he has a 3/4" scare on his knee. It wasn't on his enlist physical paperwork.]

If it was also listed on his enlistment physical examination, they will likely deny saying it was happened before he enlisted. Expecially since there is no record of it being treated or happening during service.