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%.

[JR Reihs]

John,

I agree, years ago when I got out of the Navy i was sent to the VA to let them fit my knee for a brace, I knew I was in trouble when the Doc marked on my knees L&R and he got them backwards.

AS far as KKP issue goes, I will stand by what I posted, as his issue became both knees when mentioned in the C&P report, mistake or not, and should be persued as a secondary issue due to his SC condition of the right knee, so a IMO is in order to counter the "less likley than not" opinion of the C&P examiner.

Vike,

After fighting with the VA for over 7 years, with the same exact information in my C-file, and finding out it was the RO that had my claim and sat on it for these years only to find out the rating official did not like my VSO, I was told to move my claim , which I did, and it was approved in 9 months, T&P, game over.

So when i say it is typical VA BS, to me it is, and to so many others who have had to deal with misguided VA BS when we shouldn't have had to, I do get a lil PO'ed, I just have never seen a RO go out of there way to help a Vet without being forced to when it comes adjudication time,and I do not think KKP will find the VA on his side as to the secondary condition.

BTW, I bet the C&P examiner gets his collective Butt ripped for this.

Edited July 19, 2006 by JR Reihs

[Vike17]

JR,

KKP's issues haven't turned into both knees. Even if the C&P doctor stated it was "less likely than not" that his right knee caused the left knee condition, it would not have an effect on the determination of service-connection for the right knee. Also, if the C&P examiner did state "less likely than not" KKP could/should, as we have both stated, get an IMO opining otherwise. This would sway the Benefit of the Doubt in favor of the veteran for the RO to grant secondary service-connection of his left knee. Actually, when you take a look at this situation, yes, the VA opened "pandora's box," but in favor of the veteran, as KKP never claimed the right knee as a secondary condition.

Now, if the RO wanted to know the exact opposite (left knee condition causing the right knee condition), and there wasn't any medical documentaion in the veteran's SMR's about the right knee, then, yes, KKP could have a problem. However, as the veteran stated, there is "full" documentaion of the right knee in service, which would then make any issue of the left knee causing any condition to the right a moot piont.

I can understand your frustration towards the VA. Hell, if I had a claim that went on for 7 years, I would be a little irretated too. But the vast majority of claims with VA are handled correctly. As I have said in previous post, 'does the VA make mistakes?' Yes, they do, just like any other large agency does (take a look at Social Security). Is there that occasional RVSR that thinks he/she is personnaly writing the comensation checks, and is a really a$$? Yes, there is. But I think this is the exception, not the norm. I have helps numerous veterans with their claims and have actually had the VA screw up one time. Also, the veterans I have helped were not with just one RO. I think I have delt with 6-7 different Regional Offices, and I have had all of them grant claims that weren't actually claimed by the veteran i.e secondary conditions or condition noted in the veterans SMR's that they never claimed ect... The VA isn't so advesarial as one thinks.

Vike 17

Edited July 19, 2006 by Vike17

[Berta]

I disagree-

A May 2005 Inspector General survey of VARO raters and DROs revealed that

"65 percent of raters and Decision Review Officers surveyed by the IG,in conjunction with its May 2005 report,admitted that they did not have enough time to provide timely and quality decisions. In fact ,57 percent indicated that they had difficult meeting production standards if they took time to adequately develop claims and thoroughly review the evidence before making the decision."

But I too have worked on many claims that have succeed at VARO levels.

I recently wrote to the Buffalo RO director asking for someone within the 39 % of VARO employees ,based on the IG survey, who actually can do their job there, to begin to address my evidence.

Has the right knee disability been established as service connection?

WHat I mean is not what the C & P double talk says but has the veteran here been awarded SC for the right knee?

This is the key to getting the DJD and left knee secondarily service connected if the medical evidence supports that.

While it appears that the C & P is recognising the right knee as SC-

and this should generate an award- the examiner has set the stage for the left knee- regardless of negative statements, as this is what a good IMO can combat.