"I've been service connected since 1975 and haven't recieved a dime"

[WomanMarine]

Sorry for the 'wall of text' ... 

First off I would like to thank everyone for their service. Whether you served in one of the honorable branches or are just a contributor to this wonderful forum I have been lurking on, commitment to Veterans is valued. I am a female, Vietnam era, USMC vet. There are not many of us, as during those days they trained the women as the men, resulting in a high attrition rate. I believe it was due to this intense training that I am, in my old age, starting to feel the burn. 


I was never as proud as the day that my Eagle, Globe and Anchor were pinned on me. It was a lot of work to become a Marine and, sadly, it took its toll. During Boot I started having problems with my R knee giving way. I had this happen to me in high school from running track, but never did my knee cap totally dislocate nor tear my meniscus, as it did that night in the Leather Neck Lanes @ MCRDSD. I was seen the next day in Ortho and subsequently diagnosed with a Sublexing Patella (7244 EPTE) and awarded 10% disability.


This was 1975. Within six months after I was discharged, I got a good job with the railroad. The job only lasted a few months, as my knee went out on me while at work. I was seen at the V.A. in Los Angeles. They put a full leg cast on me, which I was to wear for six months. I applied for my disability then, but was denied. I do not recall the exact reason I was denied, but I do recall that there was an issue with my DD214. I had gone in initially as a Reserve, but later went Active. My last period of service was on my final DD214 but not my first. This required a correction and a  DD215 was issued. Finally the DoD did get my paperwork corrected. 


After a few months in the cast my boyfriend  removed it, as it was causing me back pain. We were both totally amazed to see my leg that had been hidden for over four months, as it was practically non-existent! It had atrophied beyond belief and took quite a bit of work to regain the muscle. However my knee did not act up for some time. The V.A. had stated they rated me at 0% and gave me a card that stated that I was service-connected. In 1980 my knee decided to go out on me again. And again I applied to the V.A. for my service-connected disability. Again I was turned down. And this time they wanted my V.A. service-connected card, stating I was not V.A. rated.


In 1993 I got involved in a new 'fad' called the Internet. I started building small networks. It was a great job, sitting behind a computer, watching my business flourish. In 2000 'dial-up' came to an end, with the prolific growth in wireless comms. My job changed from sitting behind a computer to climbing towers and high rises to install wireless systems.   In 2006 my darn 'Marine Corps' knee returned. It was not the sublexion I had experienced in years past, but more of a 'giving way' that caused me to fall down some stairs and injur my shoulder. By this time I had given up on the V.A. ever recognizing my 'service-connected' injury, so I just started wearing a soft knee brace. In 2012 I was climbing a tower and was 80' in the air when my knee decided to 'give way' ... That was a harrowing experience. If not for my safety harness I would have been 'splat' on the deck. I decided because of this I could not climb anymore. And because of this it cost me more to run my business. In 2014 I sold my business, as I was no longer capable of the physical aspect. I took a loss and now live on a small SS Survivors pension. 


The last two winters have been hell for me, as my knee has now developed arthritis and is causing me sever problems with my back. In 2009 I was diagnosed by the V.A. with DDD of the Lumbar. I am sure that my knee has contributed to this. Also I am now developing arthritis in my left knee. Last summer I tried to be seen for my back in V.A. emergency care, as I had a sever sciatica attack. I waited over four hours and finally checked back in with the ER only to learn that there was only one DR to see the backlog of patients. I left the V.A., once again disgusted.  


I decided last year if Trump was elected that I would re-apply to the V.A., as he made promises to clean-up the V.A. system. I reapplied the day of his Inauguration. I had my C&P last month. The C&P exam I found in MyHealthyVet and stated that my R knee was recognized by the examiner as:
'Recurrent subluxation R, Date of diagnosis: Right 1970.
Knee joint osteoarthritis, both knees, Date of diagnosis: Right 2017.

Comments:

1. Very mild lateral subluxation of the patella.2. Degenerative change involving the patellofemoral joint.3. Very mild degenerative change involving the knee joint.4. Very small knee joint effusion.5. Small popliteal cyst.6. Degenerative change involving the lateral meniscus.7. Degenerative change involving the medial meniscus and a tear involving theposterior horn of the medial meniscus cannot be excluded.Initial ROM R: Flexion: 5 to 110* Extension: 110 to 5*ROM L: Flexion: 0 to 115* Extension: 115 to 0*

No ankylosis shown in either knee. The examiner noted that my recurrent subluxation and lateral insability of my R knee are both Severe with recurrent effusion. The examiner also noted: Crepitus bilaterally with right more pronounced than left. Atalgic gait with increased weight bearing to the left extremity. Also noted was a recent X-Ray that showed degenerative changes and was noted as Mild degenerative arthritis. The examiner scheduled an MRI and X-Ray of my L knee. The MRI indicated a small effusion.  The X-Ray indicated Mild degenerative skeletal change.  Under 'Functional Impact' it was stated that I "must be afforded opportunity to walk on smooth even surfaces. Must avoid repetitive walking inclines/declines, stairs and the use of ladders. Unable to tolerate prolonged standing or walking. Unable to participate in moderate to high impact aerobics. Unable to tolarate kneeeling or squatting. Also noted in the C&P: Veteran had CT Scan 2012 Lumbar spine indicating L4-L5 vacuum phenoma, DJD with recurrent cronic back pain/right radiculopathy s/s. She is requesting consideration for a MRI of lumbar spine. Veteran has positive history of MST but "does not want to deal with it at this time".


After I read the report and saw that my status had changed from "Gather Evidence" to pending decision with a due date of 9/28/17, I became 'hopeful' that the V.A. was actually finally going to grant my service-connected disability. However yesterday that changed and hence the 'wall of text' I am dumping on your doorstep, in need of help. From my understanding they have sent in a request for 'clarification' from my examiner. As well they have not located my records from 1976 that shows when I initially applied and the course of action. They are now stating that my completion date is 1/18/18. I am well aware that the V.A. is like the military, hurry up just to wait. 

Is this normal that they would bump the date back this far?
AND is there any indication that the V.A. is going to finally do right by this ole vet?  

If you made it this far, thanks! 
Semper Fi!
WM

Edited August 7, 2017 by WomanMarine
typo

[broncovet]

If you have "something" in writing that documents a 1975 rating, then you should likely hire an attorney to obtain retro back to 1975.  In the interim , go ahead and reapply.  (Unless your attorney tells you otherwise).  I dont think a "new" rating will adversely affect your 1975 effective date, in fact it will confirm it.  If you do get a new rating, then appeal the effective date back to 1975.  

There is a lot of money at stake, here, probably about 40,000.  Dont delay getting an attorney if you have anything in writing.  Nova attorneys:

https://vetadvocates.org/welcome/find-an-attorney/

In the interim, focus on the Caluza elements of 

Current diagnosis

In service event or aggravation.

Nexus.  

 

[WomanMarine]

56 minutes ago, broncovet said:

If you have "something" in writing that documents a 1975 rating, then you should likely hire an attorney to obtain retro back to 1975.  In the interim , go ahead and reapply.  (Unless your attorney tells you otherwise).  I dont think a "new" rating will adversely affect your 1975 effective date, in fact it will confirm it.  If you do get a new rating, then appeal the effective date back to 1975.  

There is a lot of money at stake, here, probably about 40,000.  Dont delay getting an attorney if you have anything in writing.  Nova attorneys:

https://vetadvocates.org/welcome/find-an-attorney/

In the interim, focus on the Caluza elements of 

Current diagnosis

In service event or aggravation.

Nexus.  

 

10-4!

Thank you for your advise, it is much appreciated.

 

[Carl the Engineer]

It looks to me like you are going to be service connected.  Now you just have to wait for the letter to see what rating they will apply.

As far as going back for retro, it looks like you may need help with a Veteran Attorney etc.

Seems like you have a story to tell and that someone dropped the ball or that the ball got missplaced..LOL.

I would be interested in your findings when you get your letter.  My never ending hope that the VA does the right thing....

Again, good luck,

Hamslice

 

[JR Reihs]

I will also add that you stated that you are living off a small SS award. Would that be SSI? If so you might think about filing for War-time service pension from the VA if you fit in the time before VN was called, I am not sure of the date.

Just thought I would throw that out there in case you fit the criteria, as the Pension pays more that SSI in most cases.

[Gastone]

The "More Likely than not' statement regarding the Left Knee being Secondary to the Right, should get you an Award. How much, you can guess but after all these years, why chase your tail now. Wait for the Award, then address an EED (Earlier Effective Date).

Seems to have been a real problem in regards to a continuity of follow-up on your part, over all these years. No Appeals ever filed?

Could you post redacted copies of any of your Denials and your responses, if any?

Semper Fi

[WomanMarine]

3 hours ago, JR Reihs said:

I will also add that you stated that you are living off a small SS award. Would that be SSI? If so you might think about filing for War-time service pension from the VA if you fit in the time before VN was called, I am not sure of the date.

Just thought I would throw that out there in case you fit the criteria, as the Pension pays more that SSI in most cases.

Thanks for the info JR Reihs and thank you for your service!

I am aware of the pension, but I am not 65 nor 100% disabled.

My pension is a widows pension aka survivors pension.

I had to take it when I sold off my business, as I could no longer work in my industry because of my ornery knee ... :/

But I did buy five acres that adjoins a 25 acre lake with the proceeds of my business 'profit' ... So at least I have a roof over my head and a very 'calming' environment =)