ptsd How To Go About Starting My Appeal?

[lysol]

So, last August, my claim was completed at 30%. I was not happy because they did not rate me on my knees. Since then, I have been too busy to start my Appeal on the matter with the wife and I getting out of the military and what not. Now, we are settled in the DC area and I'm still having the same issues with my knees.

in May, I hit my 12 month mark from getting out of the military so I don't expect any retro because I'm sure it will be long after that before this all gets done. (My fault).

So I was rated at 30% (10% PTSD, 10% Tinnitus, 10% left eye).

I was denied my knees due to insufficient documentation on my part I guess. I have bad knees and I cannot do active sports such as basketball because they will pop out of socket. My first job in the AF was in a warehouse lifting and moving heavy objects around for over 2 years. I had a few mishaps with both knees popping out, but I failed to do anything about it. Then I fell out of the back of an MRAP in the desert and twisted them pretty badly. Again, I was with the Army and didn't want to complain out in the middle of nowhere. I went to physical therapy after my last deployment and it didn't help. Other than that, I don't know what else to do. During my C&P exam, they x-rayed my knees. I had them x-rayed in the military once before physical therapy and they were clearly loose and still are.

I've been trying the workouts that I learned in physical therapy again and no dice. The pain is flaring up.

I'm guessing my main problem is that in my C&P, I was only experiencing mild pain... I told the truth and that's what was written down. I do have limited rotation on my knees due to pain so during this next C&P, i'm going to stick with that.

My question is how do I go about getting this started? I've been calling the 1-800-827-1000 number and they are always busy and suggest calling after hours. Then I call after hours and it hangs up... That is a very clever way to ensure to not get any calls... I want to get scheduled for another C&P exam but I don't know the process. Am I even supposed to call?

[meghp0405]

I believe I would of stated "I am submitting a notice of disagreement and I am further requesting a decision review officer" You can do as Broncovet stated "on all issues" or if you only want to do the knees then just put exactly the condition as it is writtten on your rating decision and state the reasons why you disagree. Then there will be no doubt.

I would definately get this in the mail as soon as you can, in order that you may keep your effective date from your initial claim.

Once you get this submitted, start making appointments to get your knees checked by a doctor, obtain opinions! You can download a "disability benefits questioneer" for your knees. Actually the one for your knees is for all your joints. Obtain as much medical documentation as you can and I would send it in all together. I believe the worst thing you can do is send a document in this week, another next week and so on. VA does lose documents as stated above, don't give them the opportunity. Send it in all together and send it certified.

Good luck!

[lysol]

I believe I would of stated "I am submitting a notice of disagreement and I am further requesting a decision review officer" You can do as Broncovet stated "on all issues" or if you only want to do the knees then just put exactly the condition as it is writtten on your rating decision and state the reasons why you disagree. Then there will be no doubt.

I would definately get this in the mail as soon as you can, in order that you may keep your effective date from your initial claim.

Once you get this submitted, start making appointments to get your knees checked by a doctor, obtain opinions! You can download a "disability benefits questioneer" for your knees. Actually the one for your knees is for all your joints. Obtain as much medical documentation as you can and I would send it in all together. I believe the worst thing you can do is send a document in this week, another next week and so on. VA does lose documents as stated above, don't give them the opportunity. Send it in all together and send it certified.

Good luck!

[71M10]

You need to look in your service medical records. You stated you did a round of Physical Therapy on them after your last deployment. You had to have some type of a medical diagnosis to have been sent to physical therapy. Look at the xray reports that were taken in service. Was there any diagnosis of arthritis, or tears? Did the physical therapy notes describe any excess movement?

This sounds more like the VA (and C&P examiner) didn't completely read your medical records. Or the doctor who did you C&P couldn't read the ortho reports or PT notes (they had an allergist do a C&P exam for sleep apnea on me). If you have a clean entrance exam, and you filed for this while in service (BBD), you really don't need an injury report. Just the fact you have damage means it is service connected (unless you were a NG or Reservist).

[bhoward422]

I have recieved a statement of case on my hearing loss denied as stated I disagree with this decision my hearing it has worsening I have request a DRO review my question is what to expect at a DRO hearing?

[Berta]

Unless you have any additional evidence, such as an Audio Independent Medical Opinion, that supports the claim ,and that VA has not considered yet, then I don't feel you can expect much from a DRO review.

Did the VA include all of your evidence in the Evidence list section of the denial?

Even if they listed it all, did they refer to it in the denial?

Better yet, then answering that, can you cover the identifying stuff and scan and attach here the Reasons and Bases for the denial?