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Va Cfr Va To Prove Disability Not Aggravated By Service

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Guest VetWife Advocate

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Guest VetWife Advocate

Need to NOD ask for DRO. Been denying Joe'

s knees for years. Left knee no cartilage on entrance exam. Took him!! Sent him to VN. He was put on profile many times during the 20 yrs of Army. In fact, SMR's show he hurt his left knee in Airborne Training and got him thrown out of this School.

VA saying "service didn't make it any worse than it would have been!"

Been denying it since l990, when he retired.

Recent MRI show Left, severe, Right moderate to Severe. Deg Arthritis, Pain,Right knee compensates for left and right knee is also in his SMR's!!

He does not plan on getting the recommended Replacement for a while as he is only 56.

I need to feed it back to them.

1. I need the reg "VA must prove that it was not aggravated by Service!

2. Benefit of the Doubt rule

3. Been denied, so only possible EED is CUE, correct?

THANKS< Brenda :unsure:

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:rolleyes: My smiley are not doing well today???

Thanks for the response. Joe induction physical showed scar on lft knee, surgery for football injury, Then took him with no profile. Then he went to Jump School and hurt that knee and was dropped from Jump School. 20 yrs. military combat MOS. Running with combat boots, remember when they did not give you tennis shoes? etc. Right knee acting up in military, in SMR's.

Denied constantly since retirement!! l990.

CUE for ignoring

evidence in file ?

Thanks for the regs. will read and get back. Brenda

Hey Brenda...

I'm not a doctor by any means, yet I do debate with these clowns when they try to "HOODWINK" me regarding my ailments. Stick to your guns.

Anyway, I noticed that your spouse(?) is suffering from a knee condition, and I just wanted to add my two cents on this topic.

WHEN he is rated for a Service Connection for his knee, consider that he has additional conditions that might occur:

#1) An atrophic condition (same leg) by means of him "Favoring" the painful knee. ROM of the hip should be conducted & the physician should be listening for Crepetance of the Hip & Knee...

#2) Depending on his GAIT, will depend on other conditions occurring, such as Cartilage deterioration in opposite Hip, and opposite knee. The placing of 75+% of body weight on one hip vesus the normal 50%...

#3) GAIT leads to Pelvic tilt, or "Waddling Gait", thus, Sacral/Lumbar deteriorating conditions occur.

#4) When number #3 occurs, and depending on severity, and osteophtye development, could lead to nerve impingement.

I'm not trying to alarm you...I suffer from the EXACT CONDITIONS!

The deciding factor to win this, is an MRI of ALL conditions, and have an expert render a diagnosis.

X-Ray, shows a condition, but NOT the severity of it!

I was awarded SSDI because an X-Ray DID NOT show an L-5 nerve Abuttment, but the MRI did!

My advise...get one done if you want the VA to decide in your favor, without putting you through the Bureaucratical BS!

I hope this helps.

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I would definitely request a DRO review if I were you-

also- the new VBM just arrived here days ago----

I strongly suggest that anyone with a complex claim or a claim like you are describing should spent the money- they charged me $104.00 via Lexis Nexis- plus postage-

to read how these lawyers view VA regs with regard to many claims issues.

Hello Berta!

It's always good to read your posts!

In regard to the DRO thing though...I have to disagree.

It's a total waste of time, and in my opinion is a Gross Waste of Funds, AND A Gross Mismanagement of Veterans files even having a DRO investigate a claim!

WHY should there be a DRO investigate a claim, when the Adjudicator should take the time to review it in it's entirety to begin with?

The answer is due to the Adjudicator having to review "X" amount of folders within a specific length of time, or he/she's reprimanded for not being productive as a "Team" member! It's a joke.

So NOW, the VA comes up with a DRO who sounds like a person that reviews a case in it's ENTIRETY! It's a SMOKESCREEN, AND A CROC!

DRO's suffer from A.D.D. just like the majority of Adjudicators suffer from. People are NOT paying attention to detail these days.

If the DRO is nothing but a "Team Leader"...than I'm correct in my assumption that it shouldn't be an "alternative" step to be taken. I've seen first hand what a team leaders office looks like...and it isn't pretty!

There are folders everywhere!!! In some cases I couldn't even see a desk! If they had to answer a phone...FORGET IT! I'm not exaggerating here...this is true, at least at my prior RO!

The VA can be an efficient machine, by simply hiring & training more people. People at these RO's are SEVERELY UNDERSTAFFED! The paper way of handling this is prehistoric, and should be converted to electronic. OWCP has done this, and it works. That would free up more real estate, and allow for the hiring of more people. Do you see what directors are doing here? To HELL with the Veteran...I want my bonus!

Upper management DOES NOT want to do that though, because that would affect their budget...and their CASH BONUS!

So, it goes without saying, that DRO's are a false hope for Veterans, and a total waste of time. It's just another ploy by the VA to convince the Veteran to shift his attention to another individual, so as it doesn't detract from the Adjudicator to process "X" amount of claims. After all, these RO's compete for a CASH BONUS if they produce or rate so many claims per month/quarter/year.

These people should zip through their local RO's, and jump into a BVA hearing...specifically a VideoTeleconferance! Last, but not least...a FEDERAL TRIAL!

Life's to short to play VA politics! When you take them to the court level, you're telling them that you mean business!

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Hey Brenda...

I'm not a doctor by any means, yet I do debate with these clowns when they try to "HOODWINK" me regarding my ailments. Stick to your guns.

Anyway, I noticed that your spouse(?) is suffering from a knee condition, and I just wanted to add my two cents on this topic.

WHEN he is rated for a Service Connection for his knee, consider that he has additional conditions that might occur:

#1) An atrophic condition (same leg) by means of him "Favoring" the painful knee. ROM of the hip should be conducted & the physician should be listening for Crepetance of the Hip & Knee...

#2) Depending on his GAIT, will depend on other conditions occurring, such as Cartilage deterioration in opposite Hip, and opposite knee. The placing of 75+% of body weight on one hip vesus the normal 50%...

#3) GAIT leads to Pelvic tilt, or "Waddling Gait", thus, Sacral/Lumbar deteriorating conditions occur.

#4) When number #3 occurs, and depending on severity, and osteophtye development, could lead to nerve impingement.

I'm not trying to alarm you...I suffer from the EXACT CONDITIONS!

The deciding factor to win this, is an MRI of ALL conditions, and have an expert render a diagnosis.

X-Ray, shows a condition, but NOT the severity of it!

I was awarded SSDI because an X-Ray DID NOT show an L-5 nerve Abuttment, but the MRI did!

My advise...get one done if you want the VA to decide in your favor, without putting you through the Bureaucratical BS!

I hope this helps.

Thanks, Ya'll

Yea, Hhywood, I am not even sure if they used any type of gyro on Joe when doing his knees at all. They did not even give him a C&P for it. Just came back and said...no new eividence, I think.

Well, we have "new evidence" I insisted on an MRI. The VA doc said NO MRI unless he wanted knee operation....I got him another DR!! MRI done after C&P/Award LTR/Denial. So we will be sending these in with the proper quotes of the regs regarding...Burden of proof, highlighted SMR's VAMC.

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n May, 2006 I was awarded 100% combat related (Anget Orange), disability by the VA for cancer of my right lung which was removed successfully without the need of any further treatment. I am now being told that I will receive a followup examination in the near future to determine if the 100% will be down graded. I filed for CRSC and was awarded max for my retire grade. My concern is that I havew lost a lung because of AO will never again be the same. Now I am informed that the ruling can be changed!

The type caner I had was SQUAMOUS CELL CARCINOMA, LEFT upper lung. All infection was removed, thank God. So no further treatment is required.

Is there anyone out there that has had this done, awarded 100%, then have it downgraded?

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  • HadIt.com Elder

It may be something like prostate cancer. Once the cancer is removed you are reevaluated on the residual disability. I bet there is something in the regs about just this situation.

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I have a AO vet with NHL= in his case there are regs regarding treatment and remission.

He just got a re-evalue notice-too-

First he thought is was for his leg (40% GSW- that cant be it)

Then his vet rep said it was his 50% PTSD-that cant be it-if so he has no worry there- he should get more-

Now he thinks- (and it is difficult for him to read the letter to me) that it is his AO disability-

However they almost killed him 10 years ago by misdiagnosing this-he gets 100% under Sec 1151 and never got Actual AO award-

He mentioned the direct AO claim I typed up for him 3 years ago- on this- he still has not filed it! ??????

This concerns me that you too got a letter like this-

I sure do not think you have to worry about this-

but in any event-check out Schedule of Ratings, 38 CFR as to residuals of lung removal-

has any doctor declared you Permanent and Total because of this AO condition?

That would help to have documentation of that- just time to make sure there is some ammo (evidence)in case you need it-

GEEEEZ the PTSD review fizzled -what are they doing now- going after AO vets?

Unless there is some marked improvement in your condition (how can they make you complete again-insert an articifial lung???) you should not have to worry about this-

unless the think the removal is -in VA's way of thinking-a marked improvement?????

what do you mean by this:

"Now I am informed that the ruling can be changed" did the VA say that?

Did they quote a regulation?

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