V.A. did not locate their own records - CUE

[WomanMarine]

Okay, now that I have been at this for over a year, I am now starting to understand the V.A. 

I was medically discharged in 1975 with a recurrent dislocating patella with a DoD rating of 10%.  I started having problems, as noted in my SRT, in my 10th week of boot. It was not till a year later, when bowling @ Leatherneck Lanes, that my patella completely dislocated, tearing ligaments and my meniscus.I was seen the next day in Ortho, with a 'grossly sublexed patella' and subsequently discharged for this condition.

Two months later I landed a job with Southern Pacific Railroad. About a month into the job, again, my knee went out on me causing me to 'crash and burn' at work. I was seen that evening at the V.A. and referred to Ortho, who placed me in a full leg cast for six months. Because of this I lost my job at the railroad 

I then applied for Vocational Rehabilitation and put on the form that I was 10% disabled. I did not realize that it was a DoD rating v. a V.A. rating. I was subsequently denied, but it was never explained to me the difference of DoD v. V.A. Again in 1980 my patella went out on me, again tearing my meniscus and ligaments. I went to the V.A. and was X-rayed, which showed torn ligaments. I then applied for V.A. disability. I was denied, but did not know this till recently and why, as I was homeless and did not receive the notification.

According to the V.A. they submitted form VAF 21-526. They stated that I "did not receive subsequent treatment for my injury since my discharge." Which was obviously untrue, as I had been seen by the V.A. for this injury only four years earlier, only three months after my discharge, and lost my job because of it. 

Today the V.A. cannot find the records of my 1975 - 1976 6 month Ortho rehab.

I can understand losing them 42 years later, but not 4 years. 

I am hoping my claim is wrapped up with the V.A. within the next month, as I had my final C&P last week for my back. I have three discs that are protruding, one is on a nerve. This is due to my gait being off for the last forty years, because of my SC knee.

OH and my SC knee, they rated at 30% and took it away as they said that it was a prior injury to service and was Service Aggravated.  

During the Ortho exam, after the 1975 accident on base, I stated that, once as a teen my knee gave way running track. For all I know, I could have stepped on it the wrong way, as my patella never dislocated and tore ligaments ... But the V.A. now insists it is Service Aggravated and gave me 10% for arthritis. After I was service-connected and applied for an increase, the examiner that rated my knee recently amended the exam and said that, because my condition is so severe that my left knee must now be included, as well as a bilateral factor, as I have arthritis in that knee, as she said, because of my gait. And she ordered an MRI of my Lumbar. The MRI shows DDD from S1 L1-L5. And specifically L4-L5 which I was recently told that I will need surgery, as they are compressed and pressing on a nerve.

Recently I located my physical fitness entrance exam and it makes no note of ANY issues and passes my lower extremities. I believe, because of this that the 30% for my R knee, that was denied should be awarded?

Do I have a CUE from the 1980 error?

Thank you for reading my question?

Oops ... I posted this question a few months ago: 

The V.A. is driving me nuts! 

 

Edited February 2, 2018 by WomanMarine
clairity

[WomanMarine]

2 hours ago, Vync said:

I found this Hadit article which shows a high level overview of historical VA disability pay rates.

https://www.hadit.com/vaclaimslibrary/compensation/comprateshistorical.htm

 

The original link on that page no longer works, but I checked on archive.org and found it was captured. You can download the detailed document here: https://web.archive.org/web/20040113235525/http://www.vba-arms.intecwash.navy.mil/admin21/m21_1/part1/appb/SectVIII.doc

 

If I get 'retro' will it also include my daughter? 
She is 25 now, but if the VA gives me an EED, wouldn't that include her?

Edited February 5, 2018 by WomanMarine
clarity

[WomanMarine]

Wow I do not know what to think, as I just checked eBenefits and it updated to: Preparation for Notification.

Estimated Completion: 02/07/2018 - 02/09/2018.

AND they added "Dependents' Educational Assistance"

AND  right sciatic radiculopathy (New), left sciatic radiculopathy (New).

Estimated Completion: 02/07/2018 - 02/09/2018

Edited February 5, 2018 by WomanMarine

[Vync]

1 hour ago, WomanMarine said:

If I get 'retro' will it also include my daughter? 
She is 25 now, but if the VA gives me an EED, wouldn't that include her?

Retro, even for an EED, would include dependents if your combined disability rating percentage increases, but for children there is an age limit. I believe they drop off when they turn 19, but not sure about the current age cutoff. If your dependent is not already in the VA system, you would need to submit birth certificate, etc...

 

[WomanMarine]

1 minute ago, Vync said:

Retro, even for an EED, would include dependents if your combined disability rating percentage increases, but for children there is an age limit. I believe they drop off when they turn 19, but not sure about the current age cutoff. If your dependent is not already in the VA system, you would need to submit birth certificate, etc...

 

The VA, on their own, added to my claim: 'Dependents' Educational Assistance'. I have her only listed as 'next of kin'.

[Vync]

10 minutes ago, WomanMarine said:

Wow I do not know what to think, as I just checked eBenefits and it updated to: Preparation for Notification.

Estimated Completion: 02/07/2018 - 02/09/2018.

AND they added "Dependents' Educational Assistance"

AND  right sciatic radiculopathy (New), left sciatic radiculopathy (New).

Estimated Cmpletion: 02/07/2018 - 02/09/2018

That sounds promising.

When I got my 100% P&T award letter, it said I may qualify for "Dependents' Educational Assistance" (DEA), which is a good benefit for them.

Just remember not to fully trust what you see on ebenefits. What matters is what you received in the mail and your bank account. Retro payments can show up unannounced, but typically arrive around or shortly after the letter.

[WomanMarine]

Just now, Vync said:

That sounds promising.

When I got my 100% P&T award letter, it said I may qualify for "Dependents' Educational Assistance" (DEA), which is a good benefit for them.

Just remember not to fully trust what you see on ebenefits. What matters is what you received in the mail and your bank account. Retro payments can show up unannounced, but typically arrive around or shortly after the letter.

I read if the 'retro' is over $25k that it would take some time to receive ...