Sevice-Connected Disabilty - R Knee 7244 EPTE and Hepititus C

[WomanMarine]

Hello. I am hoping someone can help me answer some questions I have about applying for service-connected disability.

In 1974 I was an 'idealistic' teenager and believed that the guys running to Canada to avoid the draft was not appropriate. So at 19 years of age, I joined the U.S. Marine Corps.  Little did I know what I was 'setting myself up for' ... During this time the Marine Corps was training women the same as they were training men. We often would joke about the fact that we 'joined the Marine Corps to "become a man" ... but the attrition rate of the females to men was proof of the difficulty of service. During Vietnam there were <2,500 women Marines that served.

So it was no wonder that my knees were torn up. After only serving one year and one month of active duty, my right knee finally gave way to "gross subluxation of my right patella" and I was subsequently discharged from the USMC. My case was referred to the Office of Naval Disability Evaluation (CPEB). The CPEB then authorized a service-connected disability rated @ 10%.

When I got of out of the USMC, I was hired by Southern Pacific Railroad and had a good job, but still had a persistent problem with my knee, as it would just 'give out on me' and I would be in tremendous pain as my patella would slide to the side of my knee! One evening it happened and I had to be taken by ambulance to the local V.A. Since I had previously declined surgery by the USN, the V.A. decided to put me in a full leg cast for a six month period to stabilize my torn meniscus. After my leg recovered from the atrophy, for sometime I did not have a problem, other than the fact that I had lost a good job and the V.A. was not going to make good on my 10% disability. Rather they rated me at 0%.

Later in years I started my own business. It was 'physical' as I had to climb water towers to do site surveys to install wireless services. On one such occasion in 2014 I was on a water tower about 80' in the air and my 'old war' injury returned and scared the 'heck' out of me! That was my last climb. I have had to subsequently sell my business, as I cannot climb anymore and take an early retirement.

Recently my knee has been causing me all kinds of pain as arthritis has set in. In January of this year I filed for my disability and also claimed a secondary injury as the arthritis is associated and debilitating.

I filed online and submitted all of my paperwork, including my original medical boards. I filed the 'expedited' process as I believed the V.A. would setup an appointment for me to be seen and evaluated.

According to eBenefit, my decision is to be made prior to 7/28/17, but I have had no contact with them other than receive an email stating that they received my claim the day I filed.

I retained a VSO and she has since retired and her replacement is not due for another month. My original VSO asked me to request an appointment from my 'primary' to obtain an MRI of my knee to prove the arthritis. I set up an appointment and a letter from the V.A. a week later arrived. When they asked me to contact them, I was sure it had to do with my outstanding claim. I was taken back when I was told the reason for their contact.

In 2009 I had to have a stent installed because of a blockage in my heart. This procedure was done at the St. Louis V.A. Unknowingly to me, they tested me for Hepatitis C. In 2017 they informed me that I tested positive! I was astounded at why they would wait eight years to tell me this and was even more astounded that I had contracted HepC. However my research has shown it was 'most likely' due to the inoculations I received in boot camp! I remember the day very well of the 'cattle guns' and walking away with a bleeding arm.

So yesterday I had my appointment with the V. A. in Poplar Bluff, MO. They were more interested in doing a 'blood panel' on me than me obtaining an MRI on my knee.

I had the lab done and then met with my 'primary' who reviewed my lab to see if I did, in fact, have Hep C.  Well I was glad to learn that this womans prostrate is fine, as that is the test they ran on me! My Dr. than had them run the HepC panel on my blood. He stated if it was positive that he would call me and ordered an X-Ray of my knee. He examined my knee and stated to me and in his panel that I did in fact have arthritis in my knee, as well it has 'limited motion' with pain for more motion.

Since I now know the V.A. can screw-up ... I called them this morning to verify my HepC test. Now they are telling me it is positive! Is the V.A. always this incompetent? And what may I expect now that this ball is rolling? What happens if the V.A. decides to make a decision on my disability and I do not have an active VSO? How long do these claims normally take?  I have had one VSO tell me that I should now file for the HepC. And lastly, if HepC is curable, as they say, it should not be a disability unless I get Cirrhosis or Cancer, correct?

Sorry for such a long post and thanks in advance for your input.

 

Edited May 20, 2017 by WomanMarine
punctuation

[WomanMarine]

18 hours ago, broncovet said:

You need to contact Alex Graham, and/or read "Ask NOD".  He is a frequent contributor here, and the absolute expert on HEP C claims.  I understand he has gotten his license and now represents Vets.  

His depth of knowledge on Hep C is intense, and the best of the best.  He has read pretty much every single case of HEP c in the CAVC and mostly the BVA.  So, he knows what works and what does not.  

Here is his column, that he writes for "hep c" Vets:

https://asknod.org/

 

Thank you broncovet, I will check it out!

[WomanMarine]

Great ...

I just spoke with the V.A. Benefit line about my claim.  They state that they have sent a records request x3 to the Los Angeles V.A., the folks that in 1976 initially rated me @ 0% and they have not returned the records and now state it is up to me to locate the records.

[Guest L]

WomanMarine - I don't know if this will assist but here is a link for archived military medical records

Cannot hurt to try .... https://www.archives.gov/veterans/military-service-records/medical-records.html

[WomanMarine]

On 6/3/2017 at 0:14 PM, L said:

WomanMarine - I don't know if this will assist but here is a link for archived military medical records

Cannot hurt to try .... https://www.archives.gov/veterans/military-service-records/medical-records.html

Thank you L, I will check it out.

Had my C&P last week. It seems I am a V.A. "administrative error" as I applied for my 10% SC after my patella sublexed shortly after I was discharged for it. The V.A.'s response was to put me into a full leg cast for six months ... That did not go well, as my bf took a hatchet to it after about four months, as it was causing me back pain and made my leg atrophy.

The V.A. has no record of this incident, nor of my rating. However, when presented with the DoD paperwork, they stated that I should have been rated, back in 1976, with the original 10% assigned by DoD. I am glad that they are admitting their error, but this will not result in a retroactive payment. The damage that it has done over the years to my back (damage to L3 - L5) and other knee are going to be major pain factors for this 61 year old to face in the twilight ...

I believe the exam went well. I saw an LPN, she was a vet and was knowledgeable about the difficulties of the USMC boot for women during that era. After I told her about my back problems and how I believe that they were associated to my SC knee, she ordered an X-Ray of my other knee, as she believed that it would have arthritis in it too. She also ordered a MRI be done of my knee. I am told it will take appx. a month to get an appointment. I should have the results of the X-Ray next week.

She also said that once this claim has been approved for me to see my VSO and open a second claim for Lumbar DDD.

I also told her about the fiasco I am going through with the V.A. over the Hep C. She also suggested that I open a claim for that ... Not sure what it will do, but I want it on record that I believe that I contracted this through the USMC and their use of the 'air guns'.

Not sure what to expect ... yet. But so far, the V.A. has tested this WOMAN Marines prostrate and made her an 'administrative error' ... so whatever it might be, I hope I have seen the worse ...!

Edited July 17, 2017 by WomanMarine