32 Year Old Cue

[WYnWn]

Hi,

These are the facts (documented, not alleged) of my situation:

1. Medical discharge under honorable conditions (after 4 yrs. 9 mo. active duty service, USN) in 1979.

2. Injury to right knee certified as qualified service two years prior to commencement of enlistment in 1975. Two separate injuries to each knee with aggravation to both knees documented in medical records. Injuries and aggravation documented to right knee were separate injuries not related to surgically repaired and well healed right knee (previous to enlistment) that sustained two injuries during active duty.

3. PEB rating 20% (bilateral knee-chondromalasia patella, arthritis).

4. Applied for rehab. educ. benefits while working on masters degree under GI Bill in Colorado. Denied by VA. Rating of 20% was dropped to 0% total. No physical examination; records from the pre-enlistment physical qualifying me for enlistment were copied into assessment verbatim as "evidence" justifying denial and reduction. No mention of USN medical record entries which contradicted these statements and provided chonological documentation of injuries and aggravation specifically stated in clinical records while on active duty.

5. Timely filed Notice of Disagreement. Denied again.

6. Was told by college VA rep that I "need not bother to appeal", "appeal would be denied" especially because I was" female" and "the guys needed it more than I did".

7. Two years ago I tried to re-open the claim. VA insisted I file a new claim, but I insisted it should be a continuation of the original claim in 1979.

8. I contacted state senator's office; was assigned a VA rep (not employed by VA).

9. Filed CUE. Granted because of no record of problems with left knee prior to service. VA essentially made it a new claim by requiring C&P exam and treating it as a new claim. VA continually ignores any mention of right knee except for their residuals denials.

10. First decision: service connected for left knee only with 0% disability rating, effective date 1979 because I filed within a year of separation. Right knee denied on basis of 1979 denial: residuals to right knee surgery.

11. All medical records are distinctly clear of any problems with right knee for five years prior to injury to rt. knee during active duty service.

12. C&P exam at VA (not terribly impressive exam in terms of comprehensiveness, example: Dr. stated no problems with gait observed despite the fact that he walked ahead of me entering and exiting the tiny exam room).

13. Second decision: 10% rating restored for left knee; effective date changed to 2010 because the VA's exam was the "first evidence" of problems. Same denial and reason on rt. knee. After recoup of separation pay, benefits to begin in 2014.

14. Last disagreement submitted about a month ago, citing VA regs, Congressional mandates, etc. Told by rep this was last before I would (likely) need to hire an attorney and appeal.

15. Was enrolled as Priority Group 3.

I hate to think of having to hire an attorney who would share in whatever I'm entitled to receive. Yet, despite all the research I've done, I also realize, not being an attorney, that things can/could be brought up that I would have no knowledge of or clue about how to handle.

Any thoughts, recommendations, ideas would be greatly appreciated.

[WYnWn]

Thanks, John 9999,

I still haven't figured out how to reply to private messages, so please excuse if I miss anyone.

[john999]

If you can prove that the VA had medical records that are favorable to you and that they did not use them in your rating decision that is the basis of a CUE. You need your C-File for that to check. When I looked at my file and noticed that they had not used my doctor's report even though it is in my file I smelled a rat. I don't know if I am going to win this thing because of all the Catch 22 stuff the VA relies on to defeat us. They have been getting away with these things for decades. After WWII I think thousands of vets were discharged from hospitals with significant ratings and then a few years later the vet gets a notice saying he has been reduced. Most of them just took it.

[WYnWn]

Good point, John. I'll call up Tuesday to get the c-file. I would only expect games and dirty tricks. How else could they do job evaluations on employees? Bowling scores?

It's been an interesting study to watch them contradict themselves, offer a piece of legislation to prove their point when it actually says just the opposite. I know I can prove they copied my pre-enl physical exam. It's word for word and presented as if it the exam took place in 1979 instead of 1974. The medical record tells an entirely different story, despite requirements for Va to obtain such records to use in decisions. Yet, they did admit to a CUE on the left knee based on no existing records of injury or problems. What they've done since then is play word games to avoid following through with what I've been deprived of for 32 years now.

[WYnWn]

Just read your profile. History of the Blues, eh? Now you're talking. There be a devil at the crossroads in this here VA.

[john999]

Yas, yas, yas the VA sold their souls to the devil long before Robert Johnson did ha,ha. I think you have to ask for your C-file in writing. It takes some time but if you have a copy of the decision where they made the error that would probably be enough to get started.

[WYnWn]

Guess I'll have to find a lil bolt a Lightnin' to throw at 'em.