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Kkp Needs Advice


kkp
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I havn't posted for a while, but read daily. There has been some topics I would like to comment on ,but don't really feel qulified, but I am learning, as like most of you I read every thing I can get my hands on.

As some of you might remember I am 50% ptsd. I have a claim for right knee injury (sc) I recieved a decision on 9/15/06 Of course it was denied. It was stacked from the start as some of you advise it could be,For example it's in my smr that the right knee was still swollen a year after the accident. This was not mentioned in their decision. However they made note that it was not mentioned my final physical, (da) I didn't have a final physical. I had a Doctor who came into the room, took my blood pressure,and commenced to checking x marks off on a form he had. At the time I was glad he didn't examine me or he would have seen my swollen knee and made me stay in that hell hole longer. I'm sure alot of you can relate.

I was in the 101st and wouldn't dream of going to war with any other outfit, but my commitment was up.

Now I'll quit rambling and get to the point of this post.I had an appeal for 70% on my ptsd in the pipe line My rep and I thought it should have been 70% without an appeal ;don't we all; but decided to go ahead and file for the right knee. The appeal was to go befor a panel of judges that travel from dc. When we filed for the knee the appeal for ptsd was set aside pending the claim on the knee. A couple of days after I got my negative decision I called the ro on the statis of my ptsd appeal. I was told by the rep I talked to that since I had sent new evidence it would be examined at the ro and a decision rendered there. If I wasn't satisfied with that decision,then I could reappeal

Meanwhile I had e mailed Dr. Bash about my knee. I never got a reply email so I went to see my rep yesterday( he's a month into his new ocupation) for advice.I had just came from the va and had copies of my progress reports for the last year on my ptsd and also the doctor that writes my prescritions (I take four meds for ptsd Alprazolam 0.5 x4, bupropion 100 x 1 1/2 twice a day, sertraline 100 1 1/2 twice triamterene 37.5). I told him I wanted to file a nod on the knee but it would be at least a month be for I would have imo. ready as new evidence. His advice was send in the progress reports on the ptsd to go with my other evidense they already have in case they looked at my case befor then, and to hold off on the knee until decision on ptsd. was made, because if I sent in an appeal on the knee a month from now my c-file would go to the begining again. I also asked him about a copy of my c-file and he said I didn't want to do that at this point because it would be sent to st louis for copies to be made and then sent back to this ro and

go to the back of the stack again.

(A FELLOW WITH A LITTLE LESS EDUCATION THAN ME ONCE TOLD ME "AS DUMB AS I AM AND AS SMART AS YOU ARE I'M AS SMART AS YOU ARE AS DUMB AS I AM" At the time I thought he was joking.

I through that in because as I mentioned befor Dr Bash didn't answer my e-mail. I decided to check my answering machine today an yes there was a message from Dr Bash. He had called me back the next day.

I called him this morning and after we talk awhile he said he thought I had a very good case and he would be pleased to help me.I told him all of the above,and this is what he suggested. Send him copies of all relavent materal. He would prepare a report and we should appeal it in dc. I could attend since I have a daugther that lives an hour away. He thinks we could have this resolved in a few months. I asked him about the ptsd appeal and he said as far along as it is, they may go ahead and make a decision befor they send my c-file to DC.

WHAT SAY YOU GUYS I 'm not the smartest or dumbest man in the world, but will be the first to admit my thinking is foggy (due to meds I hope) most of the time. PLEASE GIVE HONEST OPINIONS I appreciate all you Guys more than you know.

thanks KKP

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  • HadIt.com Elder

Dr Bash has a very good track record. I really only know one Veteran who complained about him but the bitch was about not being fast enough and from what I have heard from others he puts out the work pretty quick once everything is in place.

He is expensive but good. He is also very good in the area of your claim.

My recommendation is to forge ahead and paying Dr Bash is like an investment in your claim.

Good Luck

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KKP-were you airborne? a Screaming Eagle?

"I also asked him about a copy of my c-file and he said I didn't want to do that at this point because it would be sent to st louis for copies to be made and then sent back to this ro and "

That is ludicrous info from your vet rep- the C file is copied at the VARO.

St Louis is where SMRs are.

"

If you are not working did he advise you file for TDIU?

Did you get a VCAA Notice for each of these claims that told you specifically what you needed in an underlined statement with a VCAA election Notice attached?Dr. Bash- I got two separate IMOs from him -one in 2004 and one last month whch totally knocked down a very deficient VA opinion (but the VA doc did actually support the claim- she had used only 3-4 records and Dr. Bash had used everything.

I too have only heard one bad report in years about Dr. Bash and that vet was an unconscionable liar anyhow. Dr. Bash got him the award he promised but the vet wanted 100%SC for disabilities he did not have nor did he have any nexus to service.

I have spent $4,000 on 2 IMOs so far from Dr. Bash which are both different and have absolutely no regrets at all.

They should make a decision on your PTSD caim before it gets docketed but should is a word the VA doesnt understand.

I hope you have a copy of your SMRs proving inservice problems- Dr. BAsh will want to see them and also- a copy of your c file might take 3-4 weeks to get but well worth it.

Dr. Bash also might sure want to see copies of their decision so far and any C & P results- do you have the C & P results for the knee problem?

Did you include any side affects of your meds as to how they affect your ability to work?

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  • HadIt.com Elder

kkp,

The VA denied service-connection for your right knee!?!? What was the exact reason they gave for the denial?

I do remember that the VA asked the C&P examiner for an opinion as to whether your right knee had caused damage to the left knee. Did the VA possibily interperate the C&P exam as saying the left knee, which isn't sevice-connected, had caused the right knee problem?

Is your right knee a chronic condition, meaning that you have continually received treatment for the right knee since discharge? If you don't have any documentation showing continuity of treatment, the VA has no choice but to deny service-connection. Like I've said before, depending how long you have been out of the service, being seen for a condition one or two times over a period of years probably wil not cut it. Without continuity of treatment the VA will probably need to see a IMO, such as the one you will be receiving from Dr. Bash, in order to grant service-connection. In a few instances I have seen where the VA was very liberal with the regulations and granted service-connection for a condition that really didn't have alot of treatment since the veteran's discharge. This becomes a judgmental call on the rater. Some are very liberal when applying the regulations and grant service-connection with maybe only one treatment of an injury over a period of say 6-8 years after discharge from the service, and some raters will want to see more than just that one period of ttreatment.

As far as your appeal on your PTSD, the new evidence that you sent them will promt he VA either to grant the benefits sought, or issue a Suplemental Statement of the Case (SSOC). Either way, the VA must decide all issues still open in a veteran's C-file before sending an appeal to the BVA So, if you send an NOD in for your knee, the VA will decide that before allowing your claims folder to go back to the BVA. The only way you can have the BVA make a decision on your PTSD with the evidence you sent in, is to waive the jurisdiction of your regional office. If you want to do this you must do this in a written request.

Your C-file is generally copied at the regional office. However, sometimes if a veteran's C-file has been inactive for a while, the VA may have sent the claims folder to a storage facility away from the regional office. There is an area in VA's jurisdiction where they keep retired C-files in St. Louis. So if your C-file is there, your regional office would request that file, and once it arrived at your regional office they would then copy it and send it to you.

Vike 17

Edited by Vike17
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  • HadIt.com Elder

Vike

You know I use the St Petersburg RO. There must be hundreds of thousands of C-Files stored somewhere. There are millions of veterans in Florida and I think most use the St. Pete office. Are the C-Files ever put on disks or other computerized storage devices? I wonder about all that paper. I am going to St. Pete next week to look at my file. God knows what I will find this time? I will probably find Terry Higgins MMPI or Carlie's IU nexus hidden in my file.

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kkp,

The VA denied service-connection for your right knee!?!? What was the exact reason they gave for the denial?

I do remember that the VA asked the C&P examiner for an opinion as to whether your right knee had caused damage to the left knee. Did the VA possibily interperate the C&P exam as saying the left knee, which isn't sevice-connected, had caused the right knee problem?

Is your right knee a chronic condition, meaning that you have continually received treatment for the right knee since discharge? If you don't have any documentation showing continuity of treatment, the VA has no choice but to deny service-connection. Like I've said before, depending how long you have been out of the service, being seen for a condition one or two times over a period of years probably wil not cut it. Without continuity of treatment the VA will probably need to see a IMO, such as the one you will be receiving from Dr. Bash, in order to grant service-connection. In a few instances I have seen where the VA was very liberal with the regulations and granted service-connection for a condition that really didn't have alot of treatment since the veteran's discharge. This becomes a judgmental call on the rater. Some are very liberal when applying the regulations and grant service-connection with maybe only one treatment of an injury over a period of say 6-8 years after discharge from the service, and some raters will want to see more than just that one period of ttreatment.

As far as your appeal on your PTSD, the new evidence that you sent them will promt he VA either to grant the benefits sought, or issue a Suplemental Statement of the Case (SSOC). Either way, the VA must decide all issues still open in a veteran's C-file before sending an appeal to the BVA So, if you send an NOD in for your knee, the VA will decide that before allowing your claims folder to go back to the BVA. The only way you can have the BVA make a decision on your PTSD with the evidence you sent in, is to waive the jurisdiction of your regional office. If you want to do this you must do this in a written request.

Your C-file is generally copied at the regional office. However, sometimes if a veteran's C-file has been inactive for a while, the VA may have sent the claims folder to a storage facility away from the regional office. There is an area in VA's jurisdiction where they keep retired C-files in St. Louis. So if your C-file is there, your regional office would request that file, and once it arrived at your regional office they would then copy it and send it to you.

Vike 17

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To Berta, John 999, Vike 17, and Pete 53:

Yes Berta I was a screaming eagle and yes I will be till the day I die. After talking to Dr. Bash today, he went over with me what I needed to send him and I have it all on file except for the C file. He didn't mention the C-file but I agree it would be a good thing if he had it. I wish you would elaborate a little further on the side affects of the PTSD medication. Do you mean I should write the side affects down and take to my rep or have a doctor do it? I have read enough on hadit to realize he should have sent an IU form yesterday but he was ademate that I had to be 70% or they would not accept it. I argued the point that should I be granted 70% they would have the IU form there for their decision. Am I right in this assumption or should I contact the ro and get an opinion from them? I could use advice in this area. My rep argued even though the ro has my C files, they would bundle it up and send it to St. Louis for copies to be made and then mailed back to the ro and put at the end of the stack again. It sounds stupid to me but the boss may not always be right but the boss is always the boss. I am not working and have been on SSDI since 1985 (unservice related).

Vike, the VA did not rate my left knee afterall. The reason on their decision simply says "service connection for degenerative joint disease, right knee (claimed as right knee condition) is denied".

My right knee is chronic. However my family doctor that aspirated my knee many times in the 60's and 70's died and as hard as I have tried I cannot find his records anywhere. It is well documented in my private medical records in the mid 70's to date. I mean I did not go to the doctor every month for the knee but it is well documented many times through the years including getting braces from the VA for the last ten years for both knees. Dr. Bash said something about moving the PTSD to DC also but I really didn't understand what he was saying. Well get further clarification.

The situation with my green rep dictates that I am going to have to handle my case pretty much on my own. My plans at this point is to send the packet of material Dr. Bash asked for and go from there. Perhaps with any luck the PTSD claim will take care of itself before the appeal on the knee is docketed. If not, possibly I can get them both transferred to DC to be ruled on at one time.

Don't be bashful and please give me any input you might have. kkp

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  • HadIt.com Elder

kkp,

Your SO is an idiot! Your C-file is not sent to St. Louis to be copied and then sent back to the RO! Furthermore, a veteran can claim unemployability with less than a 60% disability for one disability or 70% rating for multiple disabilities with one of them being 40%. This is stated in sub paragraph b of §4.16. However, you need to be aware of that if a veteran doesn't meet the schedular requirements for IU, it is very rarely sent to the Director of Compensation in Washington, D.C. for approval. I'm not saying that your IU won't be approved, but it is a rather long shot if you do not meet the schedular requirements. I have seen in a couple of cases where this has been done.

You said you had knee problems in the 60's and 70's. Did you have knee problems before you went in the service? When were you in the military and when were you discharged? Knowing these facts will help me to give you a better answer. Can you state what the VA wrote in their rating decision. It may be kind of long, but if you were to post the actual decision, it would help alot in understanding what happened.

Vike 17

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Vike 17 here is the reason for their decision on the right knee

Service connection may be granted for a disability which began in military service or was caused by some eent or experience in service.

Your service medical records showed you fell and injured your ight knee in service. Your x-rays showed a contusion of the right knee. No chronic disability ws shown on your discharge examination from service.

The treatment reports from the Fayette Cllinic showed some osteoarthritic changes in the right knee. No fractures or other abnormalities were shown.

The x-ray reports from Dr. Santrock revealed mild degenerative changes. The reports show you had a right knee arthroscopy and subtotal medial meniscectomy during March 1994. There was significant erosion of the patellofemoral joint with marked undermining of the adjacent artricular cartilage.

Your Beckley VA Medical Center treatmen reports showed an impression of minimal degenerative joint disease during May 2001. The treatment report from August 2, 2005 showed you hd fallen, hitting both of your knees. The x-ray did not show evidence of fractures or subluxations. The joint spaces were essentially well preserved. No evidence of acute skeletal injuries was shown.

During you VA examination, you reported you were having difficulty standing for long periods due to pain. You have had difficulty sleeping and frequently awakened from sleep due to discomfort. You have been taking sme medications due to he pain. You reported some stiffness and weakness of your right nee. The x-rays sid not show evidence of recent or old fracture or dislocation. No obvious degenerative changes were shown. Bipartite patella right knee with deformity of the separate ossicle laterally was shown. The knee joint was intact. No intra-articular loose bodies were identified. There is no evidence of fractures or sublaxations. The joint spaces are essentialy well preserved. Based upon the examiner's opinion, the diagnosed degenerative joint disease of the right knee was not related to your right knee injury in service. During the history phase of the orthopedic consult in 1963, you stated you had injured your knee due to a fall on a ko road near your home in WV two years earlier. You had fallen from some scaffolding onto some bricks and injured your right knee as noted in your vA medical center treatment reports.You later fell again and fractured your patella. The fracture is not corrorated in the available records. Dr,----- reading of your recent xrays did not show any recent or old fractures. Dr.----- seems to think the right patella is bipartite . The right knee arthroscopy revealed postermedical meniscus tear that is most likely is degenertive judging from the multiplane tears and of the menicus. There was significant erosion of the patellofemoral joint with marked undermining of the ajacent articular cartlilage. This defect can be attributed to a blunt trauma to the patella that injured the femoral articular cartilage. There is no evidence to relate your right knee injury to your military service.

Thats their statement in full. I dont recall falling on blacktop road two years earlier but proably did since its in my record. It must have not been hurt very bad as any former paratrooper will attest to the fact that we ran a mile a day and five miles on friday, not to mention the 50 mile road marches in full combat gear.

And as I said they failed to mention that its documented in my medical records that I had an accident a year earlier and the right knee was still swollen. I was discharged a year later and of course it wasn't mentioned in my final physical because I didn't have one.

I hope this will help, because I dont want to shoot blanks on this issue. If I dont have a winable case I won't pursue it, but if I do I'll use everything in my arsonal.

thanks to all kkp

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  • HadIt.com Elder

kkp,

From what I can understand, you were discharged from the service in the 1960's and then in 1994 had treatment on your right knee, that's about 30 years in between.

You need to try and see if there are treatment records from that doctor you said had passed away. You said he treated your knee within that time frame, right? Those records will help you claim a great deal. Also, you need to have Dr. Bash do the IMO for you. Maybe the C&P doctor misread the the recent C&P x-rays. It sure sounds like, because your records from 1994 through 2005 shows mild degenerative changes and the images from the C&P exam notes "no obvious degenerative changes." They cotradict one another, degenerative arthritus just doesn't go away! I suspect Dr. Bash will re-read all the images and and opine in your favor.

The reason the VA denied your claim was that you didn't show a chronic knee condition with residuals. The VA can only grant service-connection for a "chronic" condition. You'll need a good IMO from Dr. Bash to connect the dots. The VA regional office doesn't know that your current right knee condition is the same as the condition you had while in the service without treatment records from the 20-30 years since discharge. This would be a medical determination and the VA regional office is prohibited by law to do so.

I suspect once you have a strong IMO you'll prevail with your claim.

Vike 17

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I concur with Vike! I like his style!

This SO sounds like his brain is out to lunch:

"I have read enough on hadit to realize he should have sent an IU form yesterday but he was ademate that I had to be 70% or they would not accept it"

That is NOT va established case law- I found out when I got a PTSD vet who had private PTSD records and meds and was NSC.

I told him to file the TDIU form and the 21-526 and attach something to show he had significant PTSD treatments records, I think he got SSA for PTSD but I forget---told him to check yes to the # 18 question and to also attach a copy of his SSA award letter if he did and to list the side affects of his PTSD meds that render him unemployable in an attached page to the TDIU form, referred to in the Remarks section # 25.

This is incredible but he got TDIU award letter in 4 months.

AN NSC vet-no prior rating at all.

The TDIU form does not say nor does any VA case law I know of say the vet must be 70%. SOs and vet reps have made that one up.

Also my own husband had 30% then got 100%P & T PTSD from VA and SSA.

These 2 cases prove that SO as Vike said- sounds like an idiot.

Here is the TDIU form attached:

TDIU_form.pdf

Edited by Berta
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  • HadIt.com Elder

If you don't have treatment records for 30 years the only thing that can save you is a strong IMO. Yes the Doc's opinion can make the cronocity issue moot. Also its hard for a VA Doc to over ride any MD cause in my opinion most of them being hacks are very insecure in their qualifications.

Dr Bash is your best chance in my opinion.

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This thread is over 365 days old and has been closed.

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Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

 

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