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Rating Came In On 7/24/2014

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saints13

Question

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 1st thru January 21st 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

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As a combat Marine veteran myself, there is no doubt in my mind that any corpsman who served in a Marine combat unit would have no problem documenting PTSD stressors. Navy corpsman are highly regarded by Marines because they were often the difference between life and death for Marines when they courageously exposed themselves tending to wounded Marines during the heat of battle.

One of my heroes is Navy Corpsman David Robert "Bobby" Ray who was in my old unit in Vietnam, Delta 2/11, and was KIA along with 12 other members of my unit on March 19, 1969. Bobby Ray received the Congressional Medal of Honor for his continuing efforts to save wounded Marines.

I wish you luck on your PTSD claim because I know it is well deserved.

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  • HadIt.com Elder

I could be wrong here, and Berta has hit the PTSD nerve, but reading what has been posted, it looks as though the VA never gave you a C&P for the MH issue and just denied it in good VA form.

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Georgiapapa and JR Reihs, thank you so much!!! If it wasn't for them forcing me out due to my knee's falling apart I would still have been in. I think it was ultimately God's plan for me to be a Marine Hospital Corpsman instead of a Gas and Turbine tech.

Marines took very good care of me and vise versa and they never treated me any differently, since I wasn't a TRUE Marine but they always thought I was.

JR Reihs - The VA did give me a C&P exam but it wasn't a proper one. Gave me a test about 100 questions that was basicly about sex. Then asked me if I was abused as a child and if I graduated high school. Then spent the rest of the 45 mins or so typing on her computer. Trying to copy the C&P exam and post it, but basically it said I was a liar cause my 100 question test score was too high and that I never had any stressors while in the military. I don't think she read one note from any of my mental health providers or read any of the hundreds of tests they gave me or the 4 hour neuro exam that stated I was almost morbid. I had to look that word up. ha ha
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Any Corpsman who served in combat with the Marines will always be part of the Marine Corps family. In my book, you are a true Marine.

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VA has done all my exams and all my tests. Only thing VA hasn't done is surgery which they sent me and approved a civilian Dr to do the actual surgery. Then rehab was back again at the VA. Only thing I can assume is the VA c%p examiner had a bad day or hates her jobs and does anything to deny everyone.

Example: my medical c@p was done the very next day. I saw the mh va examiner and she was being very rude to a blind bet she just got done doing an exam on. She didn't open the door to the hallway for him and as soon as he did leave my wife and I saw her roll her eyes and said have a nice day in a sarcastic way.

I know I have enough evidence told all my mental health providers about the c@p, they said don't let it get you down, we will still treat you for PTSD and you van try for another c@p later and hopefully by a better examiner

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