ptsd Confused About C & P Of Right Knee And Other Questions

[kkp]

Two questions:

1) Had C & P exam on SC right knee. Got a copy of it today. There was significant damage to the right knee including -30 degrees range of motion on extension which I think is significant. I only requested an exam on my right knee but the VA form that the examiner filled out has a question about other knee abnormality: mild collateral lig-laxity, also a ROM of -30 degrees. I am wondering if this is will automatically be considered bi-lateral or if I will have to file another claim for the left knee?

2) The RO returned the report to the examiner for corrections. Can anyone interpret this opinion for me? Is it service-connected or not? :(

Medical Opinion Summary:

Restatement of Requested Opinion: Whether or not the currently diagnosed degenerative joint disease is at least as likely as not related to right knee injury in service.

Medical Opinion: This veteran's is less likely as not (less than 50/50 probability) caused by or a result of right knee injury.

Other Medical Opinion or Comments: Whether or not, the currently diagnosed degenerative joint disease is at least as likely as not related to right knee injury in service.

I have been on SSDI since 1985 due to a back injury.

P.S. I am 50% PTSD, and on appeal for 70% to 100%.

[john999]

Not service connected is what they are saying I think. Less likely than not means not.

[JR Reihs]

Typical VA BS, start preparing for your NOD now ........If you can, go get a IMO to counter the C&P.

It is well known in the Ortho comunity that one bad knee will ultamitly lead to 2 bad knees , and then the hips start to give. Since you have a SC for your back, that itself could be a contributing factor.

Push this to the end and you will prevail, but you must be ready to counter the VA.

[Vike17]

KKP,

The reason why the VA returned to the C&P exam to the examiner is due to the fact the doctor examined and made comments about your left knee, which was not a claimed condition. The VA wants to know if the reason why the doctor examined the left knee was because he/she thought it was related to your right knee. That's why the VA is asking whether or not it is "at least as likely as not." It looks like the VA is trying to do you a favor and establish service-connection for your left knee also!

John,

"at least as likely as not" means equal to greater than 50%. Therefore, allowing the VA to envoke reasonable doubt in the veterans favor.

JR,

This isn't "typical VA BS!" It may be well known throught out the medical community that one bad knee can cause a change in the patient's gait, therefore, causing injury to the other. The RVSR's even know this, but the VA needs to hear from a medical professional that YOUR right knee has caused YOUR left knee to be damaged. This is a medical determination and only a medical professional can state this. A RVSR is not allowed, by law, to make medical detreminations. I hear alot of veterans will submit genreal articles as evidence that state such a conditions causes other conditions. The RVSR's know all of this already, but they need to hear from a doctor that YOUR condition has caused YOUR OTHER condition. Generic artcles just clutter up the c-file and don't do the veteran any good. By law, the VA cannot grant service connection in theses case unless a doctors opines to what I have stated above.

Vike 17

[Berta]

"Other Medical Opinion or Comments: Whether or not, the currently diagnosed degenerative joint disease is at least as likely as not related to right knee injury in service. "

Is this right knee injury in service fully documented?

I could not determine this from your message to me-

Do you have a claim in specifically for a rating on the right knee?

What was their decision on that?

WHat I see here is that they are stating there was in injury in service which might be just a repeat of what you claimed.

Has this right knee disability been completely recognized and established by the VA yet?

[Guest anfrnkie]

what are you 50% ptsd for? and what percent are you total?

[john999]

Vike

I think the VA said the condition was "less likely than not" which means less than 50/50. That would indicate they are rejecting service connection. "As likely as not" means more than 50/50 chance of being SC. This is what I read from the vet's post.