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%.

[olenavygoat]

While they are saying that it is less likely than not, you may still have a chance at a bilateral rating depending on the cause and condition of the other knee. If you have been guarding the right knee putting more weight on the left because of pain from the right knee) it would cause undo strain on the left and cause it to wear prematurely. If you cannot find anything in your service medical record or other treatment records from other source(s) that are within 12 months of you getting out you'll have a hard time getting it service connected.

In this case, you may wish to send the va a Notice of Disagreement. Claim that this is a bilateral condition, as the left knee condition is a "secondary cause condition due to a service connected injury".

[JR Reihs]

Vike,

I agree with John.

That is exactly how I read the post, and further it seems the C&P examiner opened pandoras box by refering to the other knee, I mention no use of any articles from anywhere, and only refered the Vet for a IMO to counter the C&P, this would not come from any article, it would come from a Orto doctor as you suggest.

BTW... It realy is typical VA BS, what is being done here by the RO is they are trying to cover for what seems to be a mistake by the C&P doc as he mentioned the other knee in conection with the claimed one, which opened up a whole new can of worms for this Vet as it is now a new claim secondary to the SC condition or proposed condition.

Edited July 18, 2006 by JR Reihs

[Vike17]

John,

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

Then it states under "Medical Opinion," This veteran's is less likely as not (less than 50/50 probability) caused by or a result of right knee injury.

Lastly, it states under "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

This means the VA wants to know if the C&P examiner, in his medical opinion, thinks his right knee has caused his left knee condition or not.

JR,

It wasn't a mistake for the C&P examiner to reference the right knee during the exam. And since he did, the VA simply wants to know whether the right knee condition was caused by the left knee, so they can grant secondary service-connection even though the veteran never claimed it. I don't think that is any VA BS! I looks like the VA is trying to do the veteran a favor by trying to see if they can grant a secondary condition.

The reference to the article was not directed at you, just an observation in general after seeing many veterans submit stuff like that and then get denied. Then after the veteran obtaines an actual IMO as previously stated in my other posts, the claim was granted rather quickly!

Vike 17

Edited July 19, 2006 by Vike17

[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]

JR

I think they call it a Red Herring or a Straw Man. The VA ceates a false issue and then rejects a claim based on something the vet is not even claiming.

[kkp]

"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?

Yes the right knee injury is fully documented.

I filed a claim in 7/7/05. I had a c&p exam on 6/7/06. On the 14th of June I went to records to get a copy of the report. The clerk told me to go to compensation and pension. I did and the lady called the examiner and asked where the report was. He said he sent his report to the ro,and they sent back to him for clarification and he had mailed it back to the ro that day. The va finally sent me a copy of the c&p on 7/11/06. I am quite sure the va has recongnized the right knee as sc.

This is a great forum and I want to thank everyone who has taken the time to respond. The post by you vike, john, jr and all the others has been very helpful, after reading the posts I reread the report and agree it's the left knee they wanted (other medical opinion on)

I also have an appeal on my (ptsd&major depression) I am currently rated 50%. My vfw rep. asked for an increase of 70% to 100%(dont ask me why)but that's the way he worded it. I had enough evidence for 70% on my first claim but he only asked for 50%. I had a gaf of 40 to start with but still sent much more evidence.

For all it's worth I talked to a lady from the ro 7/2/06.She was very nice.She said every thing they had requested was including my ssdi records, She also said a decision would probably be made in the next 30 days.????

I am drawing SSDI for a back injury that is not SC.

I would enjoy any input you guys have to offer. thanks.

kkp

P.S. Do you guys think there is a chance for P & T on my claim?