Need Critique On Statement In Support Of Claim

[Electronic Tech]

Hi All,

I filed a claim of an injury to my right and I'm ready to file the Statement In Support Of Claim.

I would like feed back from the more experienced vets here. I need to mail this in a couple of days.

Thanks for any help.

The injury to my right knee occurred in February 1964, I have (attached) a copy of the medical record from when I went to sick call for that injury. I have always had a slight limp and mild pain since then. The pain has grown progressively worse since the injury. I have had no other injuries to this knee. A few months ago the pain would go very sharp waking me up three or more times every night.

On May 27, 2009 I complained about the knee at the V.A. Clinic at McClellan where Dr. Ashcraft, M.D. had x-rays taken and sent me to the Orthopedic Doctor at Mather. On June 22, 2010, the Orthopedic Dr. Locum Tenens gave me a very brief examination, he stated that I have a little arthritis in the knee and I shouldn't walk on it much. No further treatment offered.

Dr. Locum Tenens' (attached) report clearly states; "Diagnostic Tests: X-ray of the right knee showed early degenerative arthritis of the Patellofemoral joint, with Patellofemoral spurs.

DIAGNOSIS: Early Patellofemoral arthritis and chondromalacia of the patella.

Dr. Locum Tenens also advised me to avoid walking and riding bicycles. I do have a slight limp nevertheless, Dr. Locum Tenens was unable to detect it during the two short steps that he had me take within the very small examination room.

My work requires me to be on my feet most of the time. My work place is 950,000 sq feet in size. I'm unable to do most of the things that I need to do and I found myself getting depressed and feeling inadequate because of this constant pain and inability to perform my required work.

I took the issue to my private medical doctor. Dr. Daniel Sewell, M.D. did a through examination, took x-rays, then sent me for an MRI. The (attached) MRI found: "tear of the medial meniscus, tear of the lateral meniscus and osteoarthritis." My doctor said that I needed surgery and that he will write a report that this is more than 50% likely service connected. (attached)

On July 14, 2010 I underwent arthroscopic surgery to my right knee, which was followed by several weeks of Physical Therapy. Of course I had to be off of work for six weeks.

The knee is improved, however, I continue to suffer pain in the right knee and a slight limp. I think that this is due to the degenerative arthritis that resulted from the initial injury of 1964. Also, I have taken early retirement as I was unable to perform all of the required duties.

Electronic Tech

[boomer2]

Electronic Tech

My doctor said that I needed surgery and that he will write a report that this is more than 50% likely service connected. (attached)

I would change this to say "it is more than likely that the current condition was caused by the injury on active duty"

I don't if that would suffice, anyway I'm sure some of the more experienced vets here can give you better advice than me.

Hope this helps.

[Pete53]

Good luck but even if the Doc won't change it still should be enough more than 50% is not VA language is the problem.

I agree with Boomer.

[carlie]

ET,

I would not send that yet until you get more responses.

Most of it shouldn't even be in there and will just muddy up the waters.

I will try to post more after awhile.

JMHO

[Berta]

"My doctor said that I needed surgery and that he will write a report that this is more than 50% likely service connected." (attached)

Boomer said:

"I would change this to say "it is more than likely that the current condition was caused by the injury on active duty"

I would suggest "more likely than not"

But before the doc does the IMO please read the IMO criteria in our IMO forum here.

I see you are 0 % now-

Do you mean they gave you a rating as SC Zero in the past?

Is this your first claim on the 1964 injury?

"The pain has grown progressively worse since the injury"

Do you have medical evidence of continuous treatment for this injury and/or the pain from it since 1964?

"I think that this is due to the degenerative arthritis that resulted from the initial injury of 1964. Also, I have taken early retirement as I was unable to" etc

The IMO doctor must state to VA with medical evidence-that the arthritis is as likely as not due to the progressive problems of the knee injury.

He or she would probably have a good treatise to use to support how this can happen as well as how "tear of the medial meniscus, tear of the lateral meniscus and osteoarthritis"is 'as likely as not' medically due to the inservice injury.

Do you have any medical records and/or buddy statements that show this problem as been consistent throughout the last 45 years?

I am not in any way doubting the basis of your claim.

I just see some landmines in it-meaning ways the VA could deny it.

[Berta]

To add:

http://www.va.gov/vetapp10/files4/1037520.txt

http://www.va.gov/vetapp10/files4/1030277.txt

This are two 2010 BVA decisions that show what I mean regarding continuity of symptomatology.

You might well have significant records to show that.I couldn't tell from your post.

[vmo]

"If" you are already 0% service connected for the knee, you have won the first battle with the VA (war). You need to establish as much as possible a continuity of treatment of the knee disability (especially if not already service connected). You referred to a "limp" which is an "altered gate" (the way you walk). The limp can cause you a host of other problems---such as problems with the other knee and/or back pain. Xrays, MRI, surgery records, and orthopedic opinions are crucial to your claim. Do not accept "no" from the VA, pursue your claim (aggressively). *Example: I started out in 1971 at 0% rating for a knee injury---now 70%, pending 100 (after two knee and one spine surgery). However, it has taken a lot of MRI's, Xrays, orthopedic, neurological, opinions/surgery records (plus multiple VA exams) to get there. Prior posts from others here at Hadit have given you some great information/direction. Read, read, and read.