"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

[WomanMarine]

4 hours ago, Gastone said:

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

Gastone, first off, thank you for your service!

In 1975 I believed that I had filed for my disability, as I was awarded a special 'card' that stated that I was 'service-connected'.  Understand I was 20 years old and not the 'wise' woman I am today and knowing of the .gov ways. However, I should have followed up more closely and that is what I believe that I did in 1980 when I refiled. I was never aware that I could 'challenge' the V.A. and at that time, the $$ award v. the battle was a consideration.

Over the 40> years I have lost a considerable amount of paperwork. However, I believe that I have reconstructed the trail and have but a few days to wait for the documents that will 'paint the picture' ... one way or the other. And over the years, this injury has cost me by taking away from my employment.

I am thinking the More Likely than not' statement is a good sign too!

However, in the meantime ...

I had an appointment with V.A. today ... primary. She is going to assign Ortho clinic and schedule MRI of lumbr and hip. She also told me my C&P examiner had made a 'note' today in my file. 

I checked MyHealthyVet, could not see the note. Checked my eBenefits and saw this:

Status of Your Claim
Pending Decision Approval

    Submitted: 01/20/2017 (Compensation)
    Estimated Completion: 08/11/2017 - 08/15/2017
    Estimated Completion
    Disabilities Claimed: arthritis degenerative secondary to right knee condition (Secondary), knee condition right (New)
 
    Current Status: Pending Decision Approval

I don't know if this is good or bad ...

Semper Fi.

Edited August 9, 2017 by WomanMarine
typo

[Carl the Engineer]

Do you have that "special card".  That would be neat to see a picture of.

Looks like you might be getting two ratings for your knee, but they will give you the higher of the two.  Did they measure you range of motion in your knee?  More money there.

Hamslice

PS Request your c-file now....

Edited August 9, 2017 by Hamslice
spelling

[WomanMarine]

5 hours ago, Hamslice said:

Do you have that "special card".  That would be neat to see a picture of.

Looks like you might be getting two ratings for your knee, but they will give you the higher of the two.  Did they measure you range of motion in your knee?  More money there.

Hamslice

PS Request your c-file now....

Actually I 'may' have that card, as I recall running across it a few years ago. Of course, if I do, I will not remember where ... I will come across it someday, when I don't need it ...

I am not sure what my ROM is. All the measurements that were done are posted. I am thinking this is it? " R: Flexion: 5 to 110* Extension: 110 to 5*ROM L: Flexion: 0 to 115* Extension: 115 to 0* "

How do you see "two" rating, Hamslice?

 

[Buck52]

You should find a good Experinced VARep  someone like hadit member Asknod to help you will all this B/C not knowing the VA Case Law will be hard for you to get your benefits and actually more benefits, also if you recieved a decision of 10% and they never sent you a form to disagree or Appeal this decision in 75  then yes that is a CUE on the VA  & you mention that they took the 10%away and also the 0% S.C ?

  First off you need to establish Service Connection to be Awarded a 10%compensation payment. (This is  in Question?)

As for as military service they go by the active service dates you actually severed and they do state on the DD 214 that you may have other service dates not listed..so the reserves are just that after active military duty.   

With the exception of weekend warriors (Reserves Only after Basic Training)

Example  3 years of active duty is just that 3 years  after that then you must meet another 3 years as reserves..this is when you get your Honorable official military Discharge Certificate.

You need to request your C-File A.S..A.P.

Try this lady MaryAnn Wetzel

email :Maryann.Wetzel1@va.gov

She is a records Mananger at St Louis. Records of office management Archives.

Edited August 9, 2017 by Buck52

[WomanMarine]

1 hour ago, Buck52 said:

You should find a good Experinced VARep  someone like hadit member Asknod to help you will all this B/C not knowing the VA Case Law will be hard for you to get your benefits and actually more benefits, also if you recieved a decision of 10% and they never sent you a form to disagree or Appeal this decision in 75  then yes that is a CUE on the VA  & you mention that they took the 10%away and also the 0% S.C ?

  First off you need to establish Service Connection to be Awarded a 10%compensation payment. (This is  in Question?)

As for as military service they go by the active service dates you actually severed and they do state on the DD 214 that you may have other service dates not listed..so the reserves are just that after active military duty.   

With the exception of weekend warriors (Reserves Only after Basic Training)

Example  3 years of active duty is just that 3 years  after that then you must meet another 3 years as reserves..this is when you get your Honorable official military Discharge Certificate.

You need to request your C-File A.S..A.P.

Try this lady MaryAnn Wetzel

email :Maryann.Wetzel1@va.gov

She is a records Mananger at St Louis. Records of office management Archives.

Thanks for the response Buck and thank you for your service!

It was actually a column written by Asknod that led me to this forum, as he is working with Hep C.

In 2009 I had a heart stent put in by the V.A. @ that time, unknowingly to me, they tested me for Hep C. I tested positive. They again, unknowingly, tested me in 2011, positive again. But they never told me! 

In January I applied for my knee, as it has gotten unbearable. In May I get a letter from the V.A. asking me to contact them. I am thinking this is about my 'pending'  claim, it is not, it is to inform me that I have Hep C and they want to do more tests! Trust me, I am floored, as I do not fit the profile for Hep C and the only place I can figure is ... Darn Marines!

Now they are finally addressing the issue and getting me on viral drugs ASAP, as my viral count is outrageous! Really ticks me off that they waited all this time, but I also understand that there was not a good cure for all these years.

I agree I need my C-File ASAP and I thank you for the contact. However I will wait till this first claim is complete before I request, as I understand it can slow things down.

My C&P examiner stated that after this claim is complete I should file one for Hep C and DDD Lumbar. MRI is being scheduled through Choice for lumbar ... This should be interesting, as I have never used this program. I start Hep C drugs on 8/11.

Edited August 9, 2017 by WomanMarine
clairfication

[Buck52]

Roger that

However the sooner the better you file for the HEP C, You can get Documentation with your VA Medical  so keep all as paper trail.

There's no limit as to how many claims you can file.

The 2009 date for Hep C for EED but actually this is also in question as  to when you caught it? You tested positive in 2009 and 20011 and they never told you?  until when?

Asknod is a expert on HEP C.