Knee Disability - Don't Think They Got It Right

[htudor73]

I have been reading the forum for quite some time, but this is my first post.

In 1994 I was originally awarded chondromalacia of both the right and left knee under 5257 (instability) at 0% & 0% for 10% total. It took some fighting but treatment was throughout my military records even saying knee give away and locking.

Under recent review of that code it is my understanding that 5257 has to be rated 10%, 20% or 30%, but I have yet to figure out how my original award doesn't reflect that.

Onto to today, after a 9-month request for increase and secondary’s I received my answer in May. I was denied secondary for my back and both hips even though I have been walking with a limp for 20+ years. They did however award me 10% for each knee for a total of 20% under painful motion. However, I lost my original 10% under 5257, and I am now total 20%. Things I have noticed after reviewing the C&P exam, VA treatment records and military records -

C&P Exam

1) Did not review my knee MRI's that state there is arthritis

2) Identified that I don't have instability even though it is stated in both my military and va records that there is buckling, give away and locking

3) Stated in relation to my back and hips, "There is neither evidence in the medical literature, consensus in the medical community or evidence in this specific case that supports a causal relationship between these conditions"

4) The list goes on for incorrect information from the exam

I was informed that I would need a NEXUS letter for 3), but being only 41 and having arthritis in both hips and back with no injuries just doesn't add up without it being the change in my gait. I will go get the NEXUS, but finding a doctor to do that hasn't been easy.

I am having surgery on my right knee so let's see what else the C&P examiner has missed. Onto my question, with the instability stated (give way, buckling and locking) in both military and va treatment records does this give a good opportunity for appeal? Also, if I was previously rated under 5257 how could it ever be 0% when that code doesn't call for that?

[pwrslm]

You need an IMO and/or an IME. Independent medical opinion, and independent medical examination. Mine cost me 250, but I had xrays and mri avail for the dr.

They can verify or invalidate the info, make your case, short and concise, documentation of the condition from the time you were in service, and everything that you need to show its history to current, will be needed to do this. I wrote a letter with what I know about my condition because I wanted to make sure I didnt miss anything when I got there.

They will give you the opinion, and a report of an examination, but it is not a guarantee that they will give you the answer you want. If you do get it, then you have a valid NEXUS.