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How can the VA change what is claimed?
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dwbell99
VA changed "lower bilateral knee strain and painful range of motion" to "knee degenerative osteoarthritis" after they failed to diagnose "lower bilateral knee strain and painful range of motion" during the C&P. Is this legal?
DECISION:
1. The previous denial of service connection for left knee degenerative osteoarthritis is confirmed and continued.
2. The previous denial of service connection for right knee degenerative osteoarthritis is confirmed and continued.
REASON FOR DECISION:
On October 18, 2017, Dr. Vet provides a medical opinion that your lower bilateral knee strain and painful range of motion are more likely than not secondary to the service connected left ankle due to abnormal gait.
The VA medical opinion dated March 18, 2019, is more reliable as the rationale
Edited by dwbell99is better supported, the condition in the VA medical opinion is more accurately described as osteoarthritis, whereas the medical opinion provided by Dr Vet lists strain and painful range of motion, which, per DBQ is not a current diagnosis. Rather, patellofemoral pain syndrome and knee joint osteaoarthritis are shows as disabilities.
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