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Deferred for Right Knee

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Retiredsoldier1

Question

I was deferred for compensation for my right knee in 2009, however in August of 2010 my letter says I was denied compensation of right knee because I only went to the Dr once for right knee while in service in Vietnam. I want to file again for compensation because I have had major issues with my right knee and hip. Can anyone tell me if it is worth filing again. I am now in a wheelchair because I am (loss of use).  I was boots on the ground 1968-69. I was presumed for prostrate cancer because of herbicides. Pls help

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File again.  You need the 3 Caluza elements for SC:  

1.  Diagnosis of knee issue(s).

2.  In service event or aggravation

3.  Nexus, or doc opinion that 1 and 2 are related.  

     A single visit to the doc, in service, should suffice to demonstrate "in service event", however, I have not read your file.   Contrary to what the decision may say, you need not establish "chronicity" (that is multiple doc visits) in service, but you will need to show you have a chronic condition now.  

     It sounds like a bogus denial, but I have not read your decision letter.  If you file now, and are awarded, you should be able to fight for an EED if they dont give it to you.  

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  • HadIt.com Elder

nd since you have AO presumptive for prostate cancer, you should double check this list to see if any other things in your health situation might be connected.https://www.publichealth.va.gov/exposures/agentorange/conditions/index.asp

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  • HadIt.com Elder

Not sure what happened to the first part of my posting but...

I agree with Bronc; refile. You need not have more than one event connected to you disability being claimed in your medical records, or str's as they are called now. But you will need evidence from medical visits by your own docs after you got home, the earlier the better. And you should have an IMO from a specialist on making your hip secondary to your knee as well.

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Hello Retiredsoldier1! I don’t have your denial letter in front of me but based solely off of what you just said, I can tell you exactly what regulation the VA used to support a denial of your claim. Here it is:

 

“38 CFR 3.303(b) Chronicity and Continuity”

The VA is basically saying that you did not prove that you had a chronic condition while you were still in service. Do not let them get away with that. Here is the pertinent part of that regulation:

“Continuity of symptomatology is required only where the condition noted during service (or in the presumptive period) is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned. When the fact of chronicity in service is not adequately supported, then a showing of continuity after discharge is required to support the claim.”

The bolded section above tells you exactly what you need to do to get the claim re-adjudicated in your favor.

You need to be proactive and gather all of your private medical records (if any) and submit them to VA as a fully developed claim. The VA will not pay for private medical records, so you have to obtain these records yourself. Also, If you have records that are “federal” or at a VA medical facility, then the VA will obtain these records for you by law according to “38 US Code 5103A(c)” specifically. As “broncovet” stated, make sure you have the three elements for service connection before you re-file the claim. Whatever you do, do not give up on what you believe you are entitled to by law. Keep us posted!!

 

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