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Kkp Needs Help Understanding


kkp

Question

I would like some advice about my va claim. I have only posted here once but read new topics daily when home. It amazes me to no end at the thought that goes into some of the opinions by respondents.

I filed a ptsd claim in feb, 2004. I was granted a 30% service connected decision on 22 feb 2005,without a c&p exam. we filed an appeal a week later,(I have realized from reading your forum that I didn't have a very into it type rep)but he for what ever reason only asked for 50% to be decided by a DRO.HE OF COuRSE DIDN'T look at the new evidence and denied our request for 50%.We then filed an appeal with the BVA june 7 2005.

The ro set up a c&p exam for july 7 2005 by a board certified shrink,and after My va rep saw his and two other shrinks reports, he decided to file for IN HIS WORDS, AT LEAST 70%. On oct. 05 2005 I received a letter from DVA that I had been awarded 50% retro to feb 04. I called the ro to see if this would affect my appeal for the 70% I had filed for. I was told ''no'' since the 50% was awarded on an earlier appeal and the 70%was still the works.

I had a meeting with My service rep on oct 10 2005 and mentioned to him that I had a service connected rt knee, and it was well documented in in my service medical records, so he filed a claim. I went for a c&p exam on june 06 2006. I waited about two weeks and went to records in the local VA,but they weren't back. Finding this unusual the clerk called the orthro doc who did the exam. The doc told him the ro had sent it back to him for correction and he had sent them back to the ro that day. I finally got a copy.

The report was somewhat confusing to me and still is. The doc pulled no punches on the major damage to the service connected right knee incuding -30 degrees extension, ( I would like to thank my rep for not filing the left knee)

I'll show you Guys why I am confused by quoting from my report.

MEDICAL OPINION

============

WAS AN OPINION REQUESTED; YES

MEDICAL OPINION SUMMARY

RESTATEMENT OF REQUESTED OPINION;Whether or not the currently diagnosed degenerative joint desease is at least as likly as not related to the right knee injury in service.

MEDICAL OPINION

THIS VETERAN IS LESS LIKELY AS NOT(less than 50/50 probability) caused by or a result of right knee injury.

OTHER MEDICAL OPINION OR COMMENT

Whether or not, the currently diagnosed degenerative joint diasease is as likely as not related to right knee injury in service.

( By the way my service rep retired after appealing for the 70%.I hope he enjoys his retirement, but it would have been nice to have known.) As you might notice above, other medical opinion or comment seems to be the doc's final say but is different as original medical opinion.

I talked to My temp. rep today and after talking to the ro he informed me my case is before the rating board.

I read hadit every day I'm near my computer and value opinion. Thanks in advance to you Guys and Gals for helping this 63 year old grunt to understand this garble.

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Are you employed?

if not I suggest that you fill out and mail the attached TDIU form-

# 25-Remarks- tell them of the side affects of your meds that prohibit substantial employment-

Attach your SSA annual wage statement if you have one- tell them if the VA ever turned you down for Voc Rehab-

I cant figure out that C & P at all- I just got an IMO that demolished a VA opinion-

a good IMo might help you there- Independent Medical Opinion-

looks like you might get some retro anyhow so this would be a good investment on the knee or the TDIU.

TDIU 100% monthly Comp rate

Boy this gets me- vet reps asking for a specific %-

Do I understand you correctly-

you sent them an I-9 BVA appeal and then you got a C & P and further action on your claim?

TDIU_form.pdf

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Glad to get a responce from you

Yes I had a c&p exam for ptsd after Ifiled a bva appeal. I am not working and havn't since 1985 due to a job related accident, ( not service connected). While talking to the ro a few months ago I learnd they were waiting for my ss award letter,I had a copy and they agreed to accept a copy from me.

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kkp-did your SSA award consider your PTSD? DO you have their medical narrative?

It is the SC disabilities that will award the TDIU-

did the on the job injury (Not SC) possibly come from the knee problem which seems to be SC?

"related to right knee injury in service"

What I am saying is -do the SSA records for an on the job injury show that your service connected knee problem in any way at all contributed to that in the job injury?

like caused loss of balance, etc or did the meds you take for PTSD cause drowsiness, confusion, etc- anything like that which could have contributed to the job injury? or for anything like depression or anxiety at that time- 1985? that was ralted to your service?

Edited by Berta
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Thanks again BERTA for your interest. I have suffered with the rt knee all through the years, as my occupation was a lineman,how ever I dont fill that it contributed to my on job injury. It was a freak accident that ended in a broken back,and alot of complications arose from it.

I proabley was suffering from ptsd as I always worked long hours, slept very little, and drank heaily since the mid sixties.I also have been on some type of precription mind altering drug during this period. The drugs are documented in my private medical records. This could have contributed but it's not mentioned in my ssdi decision.

I havn't drank for 15 years but, it took a bullet to the liver and aorta to convince me to quit. I do take 6 different drugs from the va. for the ptsd.

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  • HadIt.com Elder

If my memory serves me correctly didn't the RO request a medical opinion of whether your left knee was somehow related to an apparent service-connected right knee condition, even though you never claimed the left knee (this is then an inferred claim)?

Even if the VA examiner stated 'less likely than not," you still should try and get another IMO stating otherwise, if your left knee is in fact related to your right knee. An IMO in your favor would probably put the benefit of the doubt in your direction.

Vike 17

Edited by Vike17
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Vike thanks for re sponding

Your memory is right. I am in the process of getting another medical opinion on the left knee, so i'll have it if needed. My case is at the rating board now,if I send this in will it start the whole process over or be put in my c-file at the rating board.

Also how dose bilateral work . is both knees considered one injury and rated that way or as two injuries and va math applied. The damage to the left knee w as bad as the right.

Would like all the advice I can get from you and the panel. Kkp

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