Since both the back and bilateral knees below are located on the same Veteran, how can a VA DECISION in Rating Decision dated 11/2/2020 that states "the previous denial of service connection for degenerative disc disease, lumbar spine (claimed as back) as secondary to left ankle osteoarthritis is confirmed and denied" be valid if a VA DECISION in Rating Decision dated 4/10/202 stated "service connection for left knee degenerative osteoarthritis with patellofemoral pain syndrome has been established as related to the service-connected disability of left ankle osteoarthritis" and "service connection for right knee degenerative osteoarthritis with patellofemoral pain syndrome has been established as related to the service-connected disability of left ankle osteoarthritis"?
Conflicting VA DECISIONS?
- Thread starter dwbell99
- Start date
Is the previous VA decision yours?
the previous denial is confirmed (made hard to read by the details in between)
claim is denied
claim is denied
Some confusion here you are claiming the doctor said more likely yet the VA is stating the doctor said less likely these mistakes happen a quicker route would be filing an HLR appeal with a conference call to catch the mistake.
HLR was already submitted and denied so my next step is a BVA. As has been my luck, the DRO in the HLR did not read any of the information provided in the Supplemental that generated the HLR. I am just trying to find out opinions on why the OA on my back is not secondary to my ankle because my altered gait was not 'significant' enough but the OA in my knees was.
The HLR appeal is a crap shoot and starting to become a joke they are stating "verbal or written statements" are considered additional evidence and HLR cannot review additional evidence.
I have been reading what a BVA entails. This is the guildance I have found:
When a veteran presents his or her case to BVA, the veteran must explain:
- Each specific issue raised on appeal
- Why the veteran appealed those issues
- Why the veteran disagrees with the VA Regional Office’s decision
- What facts the office got wrong and/or how it misapplied the law
- What disability rating would satisfy the veteran.
based upon this was looking for opinions on whether the fact that when I submitted for back and knees are secondary service connected (due to abnormal gait caused by service connected left ankle disability) and the knees were approved but the back was not whether this qualifies as a "specific issue raised on appeal".
When a veteran presents his or her case to BVA, the veteran must explain:
- Each specific issue raised on appeal
- Why the veteran appealed those issues
- Why the veteran disagrees with the VA Regional Office’s decision
- What facts the office got wrong and/or how it misapplied the law
- What disability rating would satisfy the veteran.
based upon this was looking for opinions on whether the fact that when I submitted for back and knees are secondary service connected (due to abnormal gait caused by service connected left ankle disability) and the knees were approved but the back was not whether this qualifies as a "specific issue raised on appeal".