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How to Get your VA C-File


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    • Question about NOD wait time after applying.
      Maybe so Navy4life &I agree every case is different but plays out with the same format (so-to-speak)  trying to get a decision/ rather a win or a denial...of course we all hope for a win.  When a Veteran takes the evidence to a Hearing  that is clear cut &'' IF THE DRO READS IT'' & Listens, Then no reason for a denial, A DRO has the Authorization to make a decision and expedite the claim then and there. Also a veteran can have a good Idea how the DRO Hearing went before he/she leaves the Hearing,as to rather or not it was a favorable hearing the repore (so to speak)   you have with the DRO and how the hearing went....the veteran is usually contacted within a 30 days time frame on a good favorable Hearing. After your off the Record  the DRO usually lets you know what the decision is or if its going to be in your favor, if he don't do that and says I'll get back to you within 60 days...that to me means he can't decide your claim and is being look at by his peers or  in the upper courts  or if your 60 days has elapse and no word  they probably going to remand it to the BVA. Unfortunately things do get lost in space at the VA...When this happens the only advise I can't think of is to call them 2 or 3 times a week and bug the heck out of them. Member Gastone has experience with the DRO Maybe he can chime in if you don't believe me. Anything that gets in the way of a decision (stand in DRO Unexperienced )is a bad luck of the draw in my opinion... and the DRO can't decide just jams up the whole process, in your case another newbe DRO took your case and he/she could not decide your claim then and there...so you wait for a decision? The standard now days with the VA. No one can give a time as to how long it takes for  them to come to a decision and why they don't get back to the veteran giving an explanation . So we wait. jmo .............Buck
    • My C&P Results and why i'm disturbed
      Based on your post, this should be good news, as far as compensation goes.  Once service connected, the VA uses symptoms, and ROM is a key factor.   If you do get to where you can no longer work, then you should apply for TDIU.  However, it may not be necessary if your increases are sufficient to get you to 100 percent without TDIU.   90%, however, is a tough place to be at.   It takes an additonal 50 percent rating to go from 90 percent to 100 percent, because of the fuzzy math.  This, however, may vary depending on how you got your 90 percent.   If you had a combined 94 percent, rounded to 90, then it will take less than if you had a combined 86% rounded up to 90.  
    • Increase of MRSA from 0%-? unknown, having c&p exam on tuesday
      Your effective date will be the date the doctor says the increase occurred, or the date you applied (for increase), with some exceptions.  Many of these exceptions benefit you.  For example, if you apply within a year of exit from service, your effective date should be the date you exited service.  
    • Hypertension(high Blood Pressure)
      I too get 0% for my SC'd HBP.  Controlled with medicine. I'm currently trying to get secondary for heart disease because of a couple abnormal ecgs, etc.. Hamslice  
    • Is this a cue?
      I have not read your file, but, based on your post, yes.  I hope Berta will chime in.  You may be treading new ground on an important legal issue.   The trouble may be, however, by you cancelling the appeal.  Even when a VA employee lies to you, and you base your decision on a VA employee lies, you are still held accountable, but never the VA employee who lied.  If the VA employee were to take the stand, expect him/her to lie again, and say he never told you to withdraw the appeal.  There is almost zero chance the VA employee will ever take the stand against you, in no small part because they do not hold employees accountable.   One thing you could try is reinstating the appeal.  Again, this is new ground to my knowledge.(which is limited).  Berta has a newer VBM and I wonder if it addresses this issue.   If you have a claim and an appeal for the same thing, and they insist you can only have (1) of these at the same time (not true), then cancel the claim, not the appeal as the appeal will yield an earlier effective date.  They tried this same 3 card monte with me!!!  Fortunately, I was represented by a lawyer and Im an avid hadit/elder and reader,  and I did not take the bait.   The ruse is the VA is saying, "Gee, you have an appeal and a claim going for the same thing.  This is redundandt and save us some work by withdrawing one of these"....the implication here is that the other will be approved.  I understand completely why you chose to withdraw the appeal and not the claim, because appeals take longer.  But this is an effective date killer.  VA wanted me to "apply AGAIN for a claim the VA failed to adjuticate back in 2004, when I had already brought that issue for appealate review, and the BVA simply ignored it, as it was not adjuticated AGAIN, but denied in a "rating sheet" that Veterans are not privy to until the Veteran receives a copy of the RBA.  I have NOT withdrawn the appeal, so I posit my claim is still pending.   One way your lawyer may suggest is to simply, as you suggest, CUE the effective date, since you have been awarded benefits.  I dont know if that is the best route to go.  The only way to determine that is to have a great, experienced VA lawyer review your file, and apply the case law to it.  There is much $$ at stake here.   Your's may well be an interesting and precedent setting case for the VA to not try this farce again.  I hope you get an attorney and make em pay.   You and your NOVA attorney should review your file, and determine if you should file a CUE, a 3.156 to reopen, and/or both.  
    • "Blue Screen of Death" at VAOIG.
      Again.   It took at least one Veteran's death. The "Candy Man" kills with a coctail of 14 drugs, including multiple opiates:   This time: WASHINGTON — A Senate investigation of poor health care at a Veterans Affairs Medical Center in Tomah, Wis., found systemic failures in a VA inspector general’s review of the facility that raise questions about the internal watchdog’s ability to ensure adequate health care for veterans nationwide. The probe by the Senate Homeland Security and Governmental Affairs Committee found the inspector general’s office, which is charged with independently investigating VA complaints, discounted key evidence and witness testimony, needlessly narrowed its inquiry and has no standard for determining wrongdoing. Read full story here.SOURCE:  USA TODAY: http://www.usatoday.com/story/news/politics/2016/05/31/senate-probe-finds-systemic-failures-va-inspector-general/85063032/
    • Mental Health C&P
      jlduty, I know I'm only one of a million Vets getting the shaft, but knowing that sure doesn't make me feel any less penned in and segregated from the herd.  Learned this weekend that I now have one less person to talk to, he thinks I talk too much, rambling on, and so forth.  At what age does a son stop seeking his Father's approval? Or is that something that you either have or don't have? I can recall only 2 C&P exams that I felt good about, and they were the 2 that got me bumped up in the past year or so.
    • Sleep Apnea Claim
      Yeah, SA is pretty much a half or nothing, or all or nothing kinda deal.  Which is one of the main reasons the VA probably resists it so much. I think SA or OSA with out Cpap should be 30%, with = 50% and O2 added in should be 70-100%, or  something like that.   Semper Fi
    • Question about NOD wait time after applying.
      Buck; im sorry but inhale to disagree with you regarding 'if the DRO says he will get back to you in 60 days that's not good'. Several factors play out in a DRO hearing. Not all DRO's are the same. My case in point. I had a 'stand in' DRO. WACO told me after speaking to my DAV rep that they are back logged regarding getting a decision. Some hearings go well and they are decided right away. I know for a fact after my hearing my case basically went and sat on a desk awaiting a DRO to review it.  My DAV rep spoke to the DRO who held my hearing and they indicated they are looking at 6-12 months for a decision. i know many years ago you had a quick turn around but not the case for all.    Wayne; unfortunatley you have to go through the process Lima most of us that had a lousy rater. My rater never looked at the evidence. He took this one examiner's two sentence note stating my injuries were not S/C. That foot never even looked at me. This was a medical opinion!  I have the evidence and I have more evidence as well. I got a lot of advice on this site. I chose an informal hearing BTW.   YOU WILL HAVE TO LEARN PATIENCE WITH THIS PROCESS!!! i know you know you should have been rated and most of us are or have been in the same boat   I've been waiting since the day I filed back in November 2014  I did inquire after one year like I stated in my earlier response to you   best of luck!  

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alphahec

Plantar Fasciitis Vs Heel Spurs

12 posts in this topic

I was rated 0% for heel spurs of right foot, but my service record also stated that I had plantar fasciitis. Should I have my claim amended to include the plantar faciitis?

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They are the same thing and I feel for you since I have the same problem. My feet hurt like hell. My newest podiatrist wants to do surgery to cut the PF. This is a last resort since it can go wrong. For some reason the medical community thinks PF is just a minor ailment so they give 10% disability. Some have it so bad they cannot walk 100 feet. It is an overlooked condition that has no simple cure.

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alphahec I think you should file a claim on plantar fasciitis it not the same as heel spurs, I have them both also, the plantar fasciitis can cause heel spurs, but you can have heel spurs with out having plantar fasciitis and it a different claim and if you get a % for the plantar fasciitis you would be doing better than the 0 % they gave you. I would also NOD the heel spurs and have them look at it again also see if the Doc will get you a MRI on the foot it will tell you what is really wrong with the foot. I was told all I had was a heel spur on my both feet and my Doc did a MRI and found I had heel spurs, had ligaments gone in both ankles, the Achilles in both ankle had torn a little and had repaired them self and I had plantar fasciitis in both feet, all I say is it never hurt to ask all they can say is no and they have to tell you why or I hope they would.

Ken

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Thanks, I filed a NOD for heel spurs and have had my claim amended for plantar fasciitis, it seems that they keep trying to lowball me in order to keep my service-connection at 0%. Thanks again guys!

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Alphahec,

I have commented on this in another post, but cant find it. P/F and H/S are a different. I had PF and it was quite painful, had to walk with crutches for a while then a cane. It took a series of steroid shots and special orthotics to get rid of it, after a year or so, but it still rears it's ugly head now and then, except in both feet now. 121212, is correct you can have one or both problems at the same time. If you have both and its service connected calim for both. You may want to spend the money and go to a pvt. foot specialist and see what they say about your condition.

t&b

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Heel spurs are not what makes your feet hurt. Your feet hurt because of PF. The spurs grow because the PF is being torn away from the bone due to strain on the fascia. Does the VA really give separate ratings for heel spurs and PF? I have had PF for years and my private doctors never do operations to remove heel spurs, but they do operate to cut fascia sometimes to relieve strain. I would not have surgery done for either condition unless I was desparate. I have never heard of people having painful heel spurs without having PF. The PF is attatched to your heel. When it tears away from the heelbone you get the spurs but they are a symptom of PF not a cause. You ought to get at least 10% for the PF.

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PF occurs when the long fibrous plantar fascia ligament along the bottom of the foot develops tears in the tissue resulting in pain, usually felt at the heel bone. PF can be the cause of heel spurs--calcium deposits on the bone itself. The heel spur can cause pain by pushing into the soft ligament/tissue that surrounds the heel bone.

so while they are interconnected and related, they are two seperate issues--one dealing with bone, the other dealing with soft-tissue. File for PF -- pain and limited ROM. If your SMR shows PF, then the VA should directly connect, otherwise you'll have to go for a secondary to heel spurs connection which will probably mean an IME to connect the dots.

Good luck

chuck

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Thanks guys, luckily the progress notes they did at the clinic at Iraq, states both plantar fasciitis and heel spurs, so I'm good there, but they rated only the heel spurs. But I'll get it rated in the end, thanks again!

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The thing is that PF and heel spurs don't usually limit your ROM. They just hurt when you walk or stand. You can also get a fibroma from PF. I have that as well. I don't know how they rate all that. I have PF and PN. I wish my feet were completely numb so I did not feel pain. I had PF in service but I thought everyone's feet hurt in the Army.

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I just wanted to let everybody know heel spurs can causes ROM, everybody is different when it comes to pain and it also matters where the heel spur is on your heel and what ligament or tendon it is rubbing on. I broke both of my big toes in the military I was told I would not be able to walk until they healed, I walked the next day and went to work because I do not walk on my toes like everybody else, I am just saying everybody is different, so what one person has wrong with them can cause them not to be able to function and another person can have a normal life with the same problem. I am not trying to say anybody is wrong about what they are saying, just everybody is different, Make the VA say it is not service connected, don't do it yourself because the most you can give yourself is 0% and they can give you a lot more if you have the problem.

THANKS Ken

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Make the VA say it is not service connected, don't do it yourself because the most you can give yourself is 0% and they can give you a lot more if you have the problem.

Put another way, if you don't file, the answer is no...they can't say yes unless you ask.

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I was diagnosed with PF on one foot a few years ago. My Doc said anyone with PF probably had heel spurs too. As predicted, my x-rays showed that I sure enough had heel spurs on my sore foot. But, the Doc said they didn't hurt anything and that he never operated on them. He prescribed stretching exercises and shoe inserts for the PF, which I thought would never work. But, after about six months of stretching and wearing inserts the pain was greatly reduced and was completely gone after about a year. It's been about three years pain free so far, knock on wood.

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