lumbosacral Rating Came In On 7/24/2014

[saints13]

Overall Request:

· Request Bilateral factor = 10% = Don't think they included my bilateral factor

· Request rating increase to moderate chronic, Recurrent bilateral patellar laxity, subluxation, lateral instability, severe re-occurring patella dislocations of right knee - 5257 = 20% = deferred and kept at 10%

· Request rating increase to moderate chrondromalacia patella of right knee - 5261 = 20% = deferred and kept at 10%

· Request rating increase to moderate chronic, Recurrent bilateral patellar laxity, subluxation, lateral instability, severe re-occurring patella dislocations of left knee - 5257 = 20% = deferred and kept at 10%

· Request rating increase to moderate chrondromalacia patella of left knee - 5261 = 20% = deferred and kept at 10%

· Request rating increase of bilateral knee limitation of motion, functional loss due to weakness, fatigability, incoordination, pain on movement of bilateral knee joints - 5260/5261 = 20% per knee = deferred and kept at 10%

· Request rating Arthritis, degenerative – 5003 / 5010 = 20% per knee = wasn't even mentioned in my rating letter and was never looked at

· Request rating IBS/gastritis- secondary disability to SC’d knee condition/overuse NSAIDs - 7307 = 10% = Denied

· Request rating mental condition to include: PTSD by HX, depression, anxiety - 9440 = 50% = Stated not enough evidence or a diagnosis of PTSD

· Request rating Tinnitus. C.F.R. § 3.156(a) (2010) and MOS Data info I got from this forum - 6260 = 10% = approved but also stated that a previous decision April 16th 1998 was clearly and mistakable erroneous, service connection is granted and established for tinnitus

· Request rating Lumbosacral – secondary disability to SC’d knee condition - 5237 = 20% = Denied

· Request rating Left hand medial nerve damage - secondary disability to SC’d knee condition 38 C.F.R. § 3.310(a) (2009) - 8515 = 20% = deferred and claim re-opened??? That's what it said

· Request convalescent leave for the period of November 1^st thru January 21^st 2014 for Left hand medial nerve damage surgical repair and convalescent - (38CFR 4.30) = 100% = Denied

End result:

Bilateral Factor = ??

Right Knee = 10%

Right Knee ROM = 10%

Left Knee = 10%

Left Knee ROM = 10%

Tinnitus = 10%

Left hand secondary = deferred and claim re-opened

Even with the 5 (10%) and bilateral factor, give me at least 50%?

Also wouldn't I get back pay for tinnitus back to 1998?

Also I have a pending bilateral knee surgery by a private Orthopedic surgeon consulted out by the VA. So VA is paying the bill for these surgeries. So why would my knee conditions not increase??

Thank you so much for all your time and help, it is so greatly appreciated. Oh I submitted it with your guys help on Janurary 31st, 2014 and had C&P on June 20th, 2014 and decision on July 24th, 2014

[JR Reihs]

You really need to get yourself a good Ortho IMO from outside the VA before you tackle this beast again........There are just to many secondary conditions that will come out of the SC'ed issues you filed for, but a C&P will not cut the mustard on most issues, you need to be proactive in making your case.

[Navy04]

As far as the Knees goes, you have to wait until after the Surgery so the VA can see if you get better or worse, before they decide how to rate. As far as IBS goes, I have Severe Crohn's Disease and I only get 30%, and that is combined with Crohn's, Baretts Disease, GERD and Hemorrhoids, so that tells you just how bad you have to be just to get a low % from the VA. I am going to have 4'' or my Rectum cut out in two weeks. As far as the 10%s they do not add up to 50%, that is not how the VA's math works. I am technically over 200%, but really only 100% in the VA's eyes. As far as your other conditions, you have to be documented as these being caused when you were active, well documented and treated for. Also, the VA must be currently treating you. Also a lot of Vets make the mistake of trying to SC too many off the wall Secondary Conditions. I have never known a Vet to get SC for IBS, due to a knee. Just sit down, break all your records and info down, into what appear to be a legit claim to file, so that you don't get your hopes set so high. In my opinion, I just don't see a lot there bud. God Bless and good luck.

[Philip Rogers]

You should get a retro check for the tinnitus, back to 98.

pr

[Berta]

I sure agree!~

" Request rating mental condition to include: PTSD by HX, depression, anxiety - 9440 = 50% = Stated not enough evidence or a diagnosis of PTSD"

Did they elaborate on that?

Did they fully state what you needed in the VCAA letter you got?

Do you have private treatment records for PTSD that should have triggered a C & P, to hopefully garner a VA MH diagnosis?

Can you prove your inservice stressor?

Did VA question the stressor yet?

[saints13]

" Request rating mental condition to include: PTSD by HX, depression, anxiety - 9440 = 50% = Stated not enough evidence or a diagnosis of PTSD"

Did they elaborate on that?

They didn't elaborate at all on it except "The evidence does not show a confirmed diagnosis of PTSD which would permit a finding of service connection. The available medical information is insufficiebt to confirm

[Berta]

Do you have any treatment records,to include any medication records, at all , specifically for anxiety,depression, or PTSD?

Do you have a vet rep?

Have you asked your PCP for a referral to a MH provider?

Have you attended any vet center for PTSD help?