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ptsd Secondary vs New Claim VA adjudication
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Question
USMC_VET
background:
I claimed shin splints secondary to flat foot, i had been seen for shin splints in the military and was noted on exit exam.
I looked at C&P notes, Flatfoot and plantar fasciitis is listed as "likely as not" so it seems i got that.
However Shin splints were listed as "Less Likely as not" due to flatfoot.
Question:
I know that the VA is the supposed to be the adjudicator, if i claim Depression and they decide its PTSD then they give me SC for PTSD and not depression as i had claimed it as. Since i claimed something as SECONDARY to another claim but as above say well its not related to it are they not obligated to opine on whether it is a SC on its own and not secondary? They never opine on the SC and its relation to my service just that its not a secondary.
I may be jumping the gun it was only 10 days ago and of course i have a few more months before i get my rating, etc.
Below is the snippet from my EXAM, attached is full C&P. (interesting they show it as only 58 days old.....maybe 58 days old 58 days ago!)
SHIN SPLINTS AND PES PALANUS/FASCITIS.
Veteran's disability pattern is: (4) a disease with a clear and
specific etiology and diagnosis.
OPINE: The claimed conditions are at least as likely as not r/t
or the result of military service.
RATIONALE : Based on the history, physical examination, review
of the C-file, the VA medical records, and the medical literature. The claimed
conditjions as noted on DBQ exams are a continuation of claimed conditons
vet was c/o in service, incurred in or caused by the strenuous training with
heavy packs, body armor and rifle during service. They, however, were not caused specifically by gulf war
service, as these condtions are not specific to gulf war exposures.
OPINE: the Veteran's shin splints LESS likely as not
proximately due to or the result of bilateral flatfoot.
RATIONALE : Based on the history, physical examination, review
of the C-file, the VA medical records, and the medical literature. Medical
liturature does not support bilateral shin splints as r/t or caused by pes planus, as noted
or 10/2015 radiological findings. Left is stated as mild pesplanus. Severity
of pesplanus a decade ago would have been mild and less apt to be a causation
for exertional shin splints
C&P SHIN SPLINT FLATFEET.pdf
Edited by USMC_VETLink to comment
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