Had C/p On Knees But No Rom Device Used

[oldman273]

This is my remanded claim for SC for both knees and left hip remanded from Court of veterans appeals remanded back to my VARO 2 years ago. Well this is my old claim that I have fought for over 9 years SMR shows several injuries over the years while on active duty. Mostly sick call with both knees injuries included non resolving soft tissue injury per my Navy Corpsman and again at 2 other duty stations. I explained I ced up my knees back when I could run and had a buddy statement from fellow marine who was also in my Gaurd unit. I won an appeal and got a new C/P exam this week but Doctor examined me asked when and how I had hurt my knees and how much range of motion I had. I explained that my knees swell up and some times lock up completely. My family Doctor wrote my back altered my gait over the years which I am SC for also and it also affected my ability to use my right leg over my left causing advanced atrophy of my left leg.

My knees have been examined by both VA orthapedic surgeon as well as IMO from Civillian Ortho and both stated I had injuries to my knees that were at least 50% as likely as not a result of my injuries on active duty. When C/P Doctor was checking my knees out I explained the left leg which is atrophied from non use. There is like 3 inches in diameter difference between right and left muscle groups. When the C/P doctor lifted my knee it sounded like a fire cracker going off. I was concerned as the vet behind me said he saw same Doc but she checked his ROM but with my knees she did not. I had surgery after I got out off Active duty but I am too young for a Knee replacement but that is all they can do at this point according to what the Docs say. Any ideas I have documented traumatic arthritis by both Surgeons and I hope I will get SC for my knees. I wear braces on both knees and use canadian cruthches to get around. I am ready for it to be over. If anyone had issue like this chime in About the only thing I had going for me was the firecracker knees. I had thought a ROM was the test of all test but all I got was a trip to xray clinic and then sent home. Thanks and have a good day.

Edited June 8, 2011 by oldman273

[oldman273]

Well since non one had any advice I wanted to share the following several mistakes that were listed on my results for C/P exam. I was scheduled for the C/P for both knees and hips for the 9 year old claim

Results were a disapointing at first the Examiner stated in her report that my injuries in service which she read from my SMR health records did not show that my knees at present time result from my imjuries in service.

I expected a hatchet job but the Exam never used the device to measure ROM during my exam? I had read on this forum that ROM in a C/P exam must be measured by the device not just eyeballed am I correct? Extension to 0 degrees on my left leg which was where the loud pop came from and and the following measurements were off the report: Flexation to 110 degrees extension again to 0 degrees abduction and adduction to 30 degrees each internal and external rotation to 20 degrees each with repretition. I only did the movements 1 time as she did not touch or ask me to move them again at any time during the exam after my knee cracked at he begining of the exam. I had to get Xrays afterwards which killed me.

Xrays showed Mild patellofemoral creptus Mild knee arthritis Xray of the hip no arthritic changes per the xray report.

Diagnosis Chromalacia Patella /anterior knee pain of bilateral and left trochanteric Bursitis not likely as not the result of his military service. It was stated I had the surgery to remove a meniscus while on active duty and it is noted to cause arthritic changes however too soon to have been from the surgery. but not so bad that it effected my other joints. I never had the surgery while on active duty and I never implied that it was. It is this kind of wrong issues that drive me nuts. I had my first C/P exam where a VA orthapedic Surgeon wrote that based on my injuries and the facts I had stated it was his opinion that my injuries while on active duty had lead to my current knee problems trouble was he did not have my SMR but every injury and surgery I had I explained to him at the time. Now I guess I have to go get another IMO as I am not giving up. This case has drawn on for 9 years by constant mistakes and was remanded from the BVA back to my VARO for them to screw it up again!!! Chromalica Patella is defined as runners knee for a better term but I would guess that the C/P Examiner being as a last year med student yet to start her residency yet might have missed that? I google what I can but my thoughts are not based on anything but other than reading.

I njured my knees with some serious accidents but everything I say they turn it around. I try not to say anything as when ever I do it gets turned around at these inquisistions.

I injured my knees 3 times while in service once while in boot camp R knee Laceration requiring stitches and twisting and swelling. Knees would swell up when I ran or stood for long periods of time. A non resolving soft tissue injury from a jeep wreck to both knees in a jeep wreck where both knees impacted the dash of an M151 Jeep dash board and left knee was twisted in a PT run as well all while on active duty. I explained ice and elevation but my knees continued to get worse as time went by everything is black and white that this is a hatchet job but all of the findings show injuries and constant trips to Sickcall with knees. I know many of us Veterans have ran into this but any ideas? I also had an IMO from a civillian Orthapedic Surgeon that stated my knees were injured on active duty and traumatic injuries of the type I had were consitent with arthritic changes. Sorry to vent but that is how this board helps me. I cannot do normal activites as others do and I just feel like they are covering their rears just to make me give up. If anyone has nay clues as to what all the terms were I would sure appriciate any advice. I know I might be able to argue knee surgery was carried on active duty but that was another mistake on the examiner part but just need to know how to word my rebutal to another knife in the back by the VA. Again Thanks and have a good day.

[cooter]

What exactly did it say why it was remanded back to RO?

[oldman273]

What exactly did it say why it was remanded back to RO?

The claim was remanded back to VARO from BVA as the VA tried to say I had hurt my knees at work but I was retired for nothing related to my Knees. The remand was for further evaluation as I had documented injuries to my knees several times and the C/P Examineir was incorrect to imply I was retired for an injury to my knees. If it were not such a struggle everyday just to get up and down it really gets my BP up when I read the report. when I won a remand in 2009 I was at least in high hopes that along with both the VA orthapedic surgeon who did the inital C/P exam that my knee injuries were at least 50% or more a result of my current knee problems but again here I am I had like 10 things or errors that the VA had commited but they are dragging this out again. I was not surprised to see a negative report just caught short on the blatant errors again.

What really ripped me was again no Measurement taken. Inferring anything other than the fact I was hurt in service several times with no prior or entrance exam coming into the service with knee problems is I guess their best shot over the bow. I have so many things I have caught the VA simply being wrong on it scares me that the VA is responsible for my health care. If I went on too much sorry I am just glad I got a reply. Thanks I hope I laid it out. I know that the BVA looked at my claim and saw the VA was adding and taking out what they wanted. My SMR reads like a book injuries dates time buddy letters from people I served with Civilian Orthopedics IMO constant pain Opiates for pain daily Thanks for checking in I just needed some advice on what to go forward with facing the VA. Uphill is the natural way with the VA. I have the diagnosis that the VA just did going to my civillian orthapedic surgeon to see if he will give me his thoughts on a counter argument. Have a good evening I hope I answered what you needed why the claim came back from the VA. Thanks

[cooter]

Ok, so the main reason is, they are saying your injuries ARE NOT SC'ed, and that your knee's were injured at work Oldman, if I'm repeating what you have written. It's such a long read, I'm having difficulty keeping my concentration. Sorry about that! My question would be, what gave them the impression you injured your knee's at work?

[oldman273]

No thanks you got it right I am sorry for the long response but I had not had a lot of sleep this weekend my back has kept me up a lot. I was denied on appeal that my Service injuries that I had on active duty and the VA Implied that I was retired from Injuries from a fight I got into as a sheriffs Deputy. I was forced to retire for other reasons and the knees were not injured in the fight.

I won a remand from the BVA back to my VARO for a new look at my knees. I had twisted my knee in boot camp and lacerated it on the rocks. I again hurt my knees multiple times while in USMC all documented in my SMR. I had a C/P exam before the claim went to the BVA even after a VA orthapedic Surgeon wrote that my Injuries on active duty had at least 50% to do with my SC claim. The VA had another exam where they reputed the first exam as the Surgeon did not have my Claims folder present during the exam. I simply laid the facts out and got a remand at the BVA.

Now my problem is how to word a rebutal but I am going to need another IMO again to answer thier last exam. At least the heat is on and I can get some relief. I am moving somewhere warmer this fall last winter left me housebond and miserable. I am sorry I went on with a rant but I do not have many people other than fellow vets that can understand what you go through with the VA. Thanks I hope this reply laid it out better than before.

[john999]

Old man

This is a case that has been batted back and forth between RO and BVA for nine years. I suggest you hire an attorney. When these cases get old and remanded back and forth for years it is good for someone from the outside to pick it up if they will. If there is potential retro they probably will. Why go round and round with this when you can hand it off to someone who has a legal duty and monetary motivation to see you win if possible.