Good...and Then Bad.

[Blackhawk12]

So I received a SOC in the mail (on a NOD i submitted) and started to read it. I have several issues that I have been dealing with for almost five years. I almost think my file was lost/forgotten about, because I had no movement for years and I did an IRIS request about the status and then within two months I had new C&P exams completed and this SOC sent out.

The SOC addressed two items I had claimed two knoee injuries while deployed, the treatment of them were not in military medical records. I tracked down the Dr. that saw me, wrote a statement, and had a couple of buddy statements, paid for MRI's at a civilian doctor and that I sent in with the NOD.

What they decided is that both the left and right knee were granted service connection and both given 10% rating, dating back to my inital claim date. They then placed a new rating of 0% on the left and right knee that is effective March 11, 2013.

It stated, "We determined that the following service connected conditions have improved, so a noncompensable evaluation is assigned."

Regarding what the VA decided they listed the service connection for both knees as medial femoral joint narrowing...Initail VA exan in 2009 showed mild narrowing of the medial compartment right femoral tibial joint with weight bearing...a March 2013 VA exam diagnosed right patellar tendonitis.My range of motion has always been good, but my contention is that there is chronic pain that prevents me from doing what I was able to do before. Like run or walk long distances. There is always pain present in both knees--all the time.

The examiner stated that the prior exam revealing joint narrowing that is less likely as not caused by or as a result if intraservice events. He opined that the patella tendonitis is as least as likely as not caused by or a result of intraservice events.

I'm trying to see where I was cured of this and what recommendations there would be on doing an appeal. I am not stating that the 10% rating was incorrect or should have been higher, but I don't believe that it should be zero either.

Any suggestions.

Thanks.

[jbasser]

they ignore the pain and go solely off of ROM.

Nod tis one but the ROm is the key.

J

[ping jockey]

What does "SOC" and "ROM" stand for?

[cham1968]

What does "SOC" and "ROM" stand for?

Statment of Case(SOC) and Range of Motion(ROM)

God luck and God Bless

[broncovet]

I have never seen this happen. You got a rating decision and a rating reduction in the same envelope. This is NOT per VA regulations and I would dispute it.

For the VA to reduce your rating there is a specific procedure that is required, which includes sending you a sixty day notice of a proposed reduction during which time you can dispute the proposed reduction, and you are entitled to a hearing. They cant reduce you until AFTER the hearing.

The VA has attempted to "squash" these time frames and deny you the rights to a hearing for a proposed reduction.

My first impression is to file a NOD, and dispute the reduction on the bases the VA illegally reduced you.

Rating reductions are discussed here, in detail:

http://www.purpleheart.org/ServiceProgram/Training2013/16-T-Rating%20Reductions-Ron.pdf

[Blackhawk12]

Thanks for the guidance. First, does the sixty-day time period work the same when it is for an initial award? Like on mine where it has been dragging along for 4-5 years and then they send their decision?

The way I understand it...I am service connected for both knee issues, which is sometimes the biggest hurdle. I am going to have my wife and hopefully a coworker write a letter stating that I DO currently have limitations and pain associated with the injuries I suffered and it has NOT gone away since the initial award.

I am also thinking about going back to my civilian doctor and seeing what they currently diagnois my knee pain/injury as. Will that help with this situation?

Lastly, would I file this under the Form 9 (I have a couple of other issues that I want to appeal that were included in this SOC) or would it be completed through other means? Thanks.