Giving Up is Success for Me ( WE WON!!!! )

[silverdollar22]

Thanks for taking the time to reply to my post. The DBQ was done by my doctor. The same one that did the IMO. I have a request  in for my c-file but still waiting for it. I have a copy of the DBQ if you think that would help to figure things out!

[pwrslm]

The biggest part will be the opinion they used to deny you. Is there any other opinion listed in your evidence list from you award denial? If there were no other opinions used as evidence, then put in the appeal asap. They have to take your Dr's opinion, no option. They must provide a more convincing counter opinion to deny you benefits.

[silverdollar22]

I posted my decision letter on the previous page in this post. That was the only thing that they said!

[pwrslm]

I just read that and the Dr's info. (I read it fast before and in my head I linked your left knee SC, not right) oops.

Right knee is already SC. You need an increase, you cannot SC a right knee secondary to a right knee. The rating official should have been on that right off. Your knee instability in an increase in your disability.f,

Code 5257 The knee can also have too much motion from side to side or dislocate regularly. This can happen when the tendons and cartilage are damaged and can no longer support the knee joint properly. If there is only slight instability, then it is rated 10%. If there is more instability that might cause the knee to buckle or dislocate every now and then, then it is rated 20%. I

however, it is so unstable that it gives out or dislocates regularly, it is rated 30%.

http://www.militarydisabilitymadeeasy.com/kneeandleg.html#too

Edited September 9, 2018 by pwrslm

[silverdollar22]

I was told by my doctor that instability is rated separate from the arthritis.

[pwrslm]

Arthritis is a last resort rating, mainly for pain. It can be applied to any joint with painful motion. 
 

If the knee is already SC, and it got worse, you need an increase. Instability developed as a degenerative condition cause by arthritis.

The rating official should have noted that the knee was already SC. You cannot SC the same knee twice. its the same as pyramiding. I would claim that the degenerative condition was arthritic, and it developed into instability. The MD already validated that, but worded it wrong.

Edited September 9, 2018 by pwrslm