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I wanted to put a situation out to you all and get your feedback as it would relate to a potential presumption of soundess cue claim.
Back story: 1983 – In high school I tried out for varsity football (note I am 5’5″ and 135lbs at that time) so I could have some level of social life. First day of practice a kid ran into my left side and hurt my knee. I DID NOT seek medical attention, never went to the doctor and was fine the next day (though I did decide not to try out for football any longer).
Fast Forward: 1985 – I joined the Army National Guard and NO MEDICAL ISSUES were noted on my entrance exam. I transitioned from ARNG to RA in 1987 and did not have anything listed on the exam for that either. I was Airborne and have STR entries for strained MCL, Achilles and Twisted knee.
1991 – I got out of the service with a lumbosacral strain issue with 20% disability at that time.
1996 – I had meniscal surgery on left knee
1997 – I had surgery on my right knee was going to physical therapy. During the review the physical therapist did to get medical history they asked me about injury history and so I told them the only issue I ever had was the issue in high school which was really a non issue but I was being honest and the meniscus surgery the prior year. They incorrectly annotated on my record that the high school knee injury was “torn meniscus” by combining my two statements into their notes to read high school knee injury (torn meniscus).
1999 – I filed a claim for bilateral knee issues and was denied because the rater read that note and said that I had a pre-existing condition. There is no medical evidence of my high school knee issue because I never went to the doctor and the next day it was fine.
I was finally able to get a rater who service connected and rated for both knees and ankles and nexus was established for marching/jumping in service. I didn’t know exactly why I was originally denied but after getting my c-file I figured out that it was all because of a physical therapist not taking proper notes.
My question is that I don’t think they properly applied the presumption of soundness rule in my case because the rater had no direct medical evidence to prove that I had a pre-existing condition and the entrance exam(s) were negative for any medical conditions. I’d like to get your thoughts.
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Hello Everyone, I wanted to put a situation out to you all and get your feedback as it would relate to a potential presumption of soundess cue claim. Back story: 1983 - In high school I tried out for varsity football (note I am 55 and 135lbs at that time) so I could have some level of social life...