"Is NOT near-contemporaneous"

[Knees-n-Da Breez]

Hello Everyone.

I received my decision letter on 1/10/20  for addition claims pertaining to my knees, which were denied back in 2010. I went to a doctor that wrote a nexus statement that connected my previously denied knee condition with military service (paratrooper and vehicle accident). My claims were approved but stated that an earlier effective date is not warranted because the claim to the right and left knees are not near-contemporaneous. I had never heard of this. Can anyone explain what is meant by this and if I can file an NOD for effective date? Thank you.

[Fat]

I ain't a lawyer, but I will take a stab.

The meaning pertains to not happening at the same time.

So I guess they are service connecting the knees, but have an issue/question regarding when the individual knee disabilities originated.

Definitely file the appeal..................

[Vync]

Contemporaneous means that it originated or happened at the same time, or simultaneously

[broncovet]

Its "hogwash".  This isnt in the criteria.  Its a bogus denial.  Knee B would not necesessarily "go bad" at exactly the same time as SC knee "A".  It could easily take time to develop.  

Appeal the claim...cite the criteria.  Your knees dont have to BOTH go bad at the same time for the conditions to be related to each other.  This is a rating speicalist "substituting his own unsubstantiated medical opinion" for that of a competent  medical professional, that is, unless your doctor stated something similar.  In that case you will need an IMO refuting this to win.  It should not be difficult to find a doctor who would state the same.  

When you have "one bad knee", your body often compensates and the other one also goes bad, over time.  It does not happen immediately. 

Do make sure you have the applicable Caluza elements documented, and appeal.

Edited January 17, 2020 by broncovet