Knee Condition

Cobra4v · May 20, 2016

Hello all

I have S/C Patello Femoral Syndrome for both my knees rated at 10% each. I have been complaining for some time now about my knee pain. Recently they did an MRI on my left knee and discovered damaged cartilage, a tear in my patello, and arthritis causing a decay in my knee cap. Additionally they discovered excessive motion in my knee cap and knee joint from side to side. It is documented my knees give out causing me to fall.

My question is:

Since I now have neurology telling me I have Degenerate Osteoarthritis in my left knee. Will they rate it as Degenerate Osteoarthritis and range of motion separately in my upcoming c&p exam? For example, 10% arthritis 10% range of motion limitation etc. Or will they just label it as Degenerate Osteoarthritis giving me one rating?

Kgosi · May 22, 2016

In all probability they will just give you one rating. Look at it this way. If you had arthritis and no symptoms, such as loss of range of motion and no pain, then there would be no disability, or you would be rated at 0%. The loss of motion is a symptom of the arthritis. Now, the rating can be increased, decreased, or remain the same dependent upon the loss of motion, and whether it improves or worsens. This is assuming I read and understand your post correctly.

pwrslm · May 22, 2016

If pain exists, you get minimum rating. You dont need to fight them over that, its automatic 10%.

Cobra4v · May 23, 2016

Yes I'm already at 10% diagnosed patella femoral syndrome. The reason for the increase request is because it has been giving out collapsing and locking.

I just reviewed the notes from the ortho specialist Did my exam for my knee. We specifically spoke about the fact it has been giving out and locking. And he notated I denied symptoms of giving out or locking. This can affect my claim negatively. The whole reason for this exam was because my knee gave out when I got out of my car during work. My PCP even notated that from my consultation for the MRI I had.

Is there any way I can have him fix this? Idk if I can request a call back from him.

Edited May 24, 2016 by Cobra4v

Cobra4v · May 24, 2016

Can the va refuse to increase my rating since my issue has worsened outside of the military? I am in a profession which requires carrying equipment and a vest. So without a doubt the weight has had an effect on my knee. I reported the injury to my work as well. Not sure if this can effect my claim. I'm thinking about revoking my claim through my employer. Since it is cared through from the VA. At the time I wasn't sure if it was related to my previous patellar injury.

broncovet · May 24, 2016

YOu need to get records corrected. It will save you time to do it now. Yes, this can negatively affect your claim. I would bring it to the docs attention, first.

1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)

broncovet · May 24, 2016

In answer to your second question, No. Many/most conditions get worse after service. This is what applying for an increase is about. Its not unusual for your conditions to deteriorate after service. Once service connected, you can always apply for an increase. It doesnt need to get worse in service to be service connected, tho there is something called aggravation. Aggravation normally means you had it before service, but it got worse in service, that is, military service aggravated your condition.

Aggravation has no bearing on your claim, once you are service connected.