I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent. In 2001, I was shot in the leg, which destroy the femur. This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC. The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws. I lost not only length in the leg (2cm) but my hamstring atrophied. Since then, I've encountered continued pain in my knee and hip. All was documented in my military medical records. Often times, the pain would have me seek medical attention about 2 times per year, which again is documented.
I underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain. The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years. The pain continues.
My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken. The VA Rating Decision gave me 0%.
Unknown to me was the appeal process. Last year, I found someone who is helping me with the appeal. I live in a remote part of southern Germany, so connection to other retirees and vets is nil.
This week, through my appeal representative, the VA has contacted me. They want all the background information on the shooting. They require the who, what, when, where, why, and how of this incident. I am also to supply them with records I have that they don't. First, they have a copy of my entire medical record. How am I to know what they don't have? Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required? Had I been shot while in Afghanistan would they be asking the same questions?
Perhaps I simply do not know exactly how the VA adjudicates the claims. As this is not a presumptive matter, evidence of the injury must be presented. They have that in the form of my military medical records. Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability? Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware?
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Scottish_Knight
Greetings all,
I served from 1988 to 2009, roughly 18 of those 21 years were as an Army CID Special Agent. In 2001, I was shot in the leg, which destroy the femur. This occurred on a US military installation, however I was taken to a civilian hospital for the surgery and was later transferred to a MEDDAC. The bullet traveled through the femur, so a rod was inserted with two lower and two upper screws. I lost not only length in the leg (2cm) but my hamstring atrophied. Since then, I've encountered continued pain in my knee and hip. All was documented in my military medical records. Often times, the pain would have me seek medical attention about 2 times per year, which again is documented.
Edited by Scottish_KnightI underwent surgery last year to remove one of the screws (all are now broken) that was pressing against a tendon causing extreme pain. The surgeon explained the others will need be replaced and I will also need a hip replacement in the coming years. The pain continues.
My VA exam was in 2009 and at that time the length difference in my legs was disclosed to me for the first time and as xrays were obtained, the screws were discovered to be broken. The VA Rating Decision gave me 0%.
Unknown to me was the appeal process. Last year, I found someone who is helping me with the appeal. I live in a remote part of southern Germany, so connection to other retirees and vets is nil.
This week, through my appeal representative, the VA has contacted me. They want all the background information on the shooting. They require the who, what, when, where, why, and how of this incident. I am also to supply them with records I have that they don't. First, they have a copy of my entire medical record. How am I to know what they don't have? Second, the Rating Decision states that this injury was service connected and in the line of duty, so why is the background information required? Had I been shot while in Afghanistan would they be asking the same questions?
Perhaps I simply do not know exactly how the VA adjudicates the claims. As this is not a presumptive matter, evidence of the injury must be presented. They have that in the form of my military medical records. Do the circumstances behind the shooting hold weight on determining the extent of either the injury or the level and percentage of my disability? Does the background on an injury play some part of the adjudication process and awarded disability to which I am unaware?
Thank you in advance for any insight into this.
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broncovet
You have 2 choices: 1. Provide the VA with all the information they request. Or 2. Get denied. It does not matter whether you think this is relevant or not. They think so,
Berta
to add there are only 10 cases at the BVA that are appeals involving CRDP retro-I used CUE as well in the search feature. One was a Motion under CUE involving retro due to a CRDP veteran but th
Berta
"The 11 March 2020 date is the date I asked the DAV to assist me. I do find this an odd date for the VA to use." That means -the date DAV filed the claim for you. A filing date is usually t
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