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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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I do have access to a scanner that the Independent Living program got me with alot of other things. I have the C&P scanned but can't seem to attach it. Also can't copy and paste it. It stays in Abode format.

Enrolled in the Independent Living Program

Have Social Workers that also stated have severe PTSD and recommended the ILP program

Have a Letter from my VA PCP saying I'm unemployable and need assistance with HISA/SAH/SUH Grants and to stay in ILP

Have all notes from October 2013 to present about all tests, notes, etc of PTSD, Depression, Anxiety

Being followed by PTSD group therapy once a week

Being followed by Dr Psychology individual therapy once a week

Being followed by a DR Neuropsychology every 6 months for that 4 hour test

Being followed by a Mental Health Nurse Practioner every 4 to 6 weeks

Being followed by VA PCP DR every 3 months

- Have bilateral knee surgery pending MRI then surgery after that. Surgery will be done done in August per the ortho Dr. They need a MRI that has measurements so they know how much to move stuff around so my knees will be or maybe more stable

Only thing the C&P examiner did look over was my first initial evaluation of a mental health session in 2013 at a different VA facility (Jackson, MS). Told her I was moving to Biloxi VA Facility. That DR only asked how or what has been going on in the last 6 months. Then nothing happened until I was enrolled into the Biloxi VA facility in October 2013. C&P examiner never looked at any of my Biloxi records, tests, notes, etc. Funny thing is the C&P examiner is about 50 feet from my VA PCP and about 2 buildings over from the mental health building I go to every week twice a week for mental health treatment

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