Your Opinion Please Read!!!

[VetDeniedSince1980s]

For anyone who cares to Review and comment. Especially you Ms. Berta!!!

First document is SMR indicating my dad injured his left foot with a fracture to his 2nd metatarsal in 1969. 

Second document is an X-ray result from CP exam in 2005. Please note old nonunion fracture to RIGHT foot 5th metatarsal along with all other issues to RIGHT foot and leg. And no findings or issues whatsoever to left leg or foot. 

If you were the one conducting this exam just by reviewing both these documents what would your opinion be??? Please comment and Thank You All!!!!

Edited October 22, 2015 by VetDeniedSince1980s

[VetDeniedSince1980s]

The nexus wont be in your SMR's.  It will be a doc saying it, probably fairly recently, too.  Next time you go to the doc, ask him/her:

Do you think the (foot issues Im having now) have anything to do with the broken foot in the military?

 

If he responds in the affirmative, then ask him or her to please make a note in your medical records, as to this opinion.  

Have you had a C and P exam?  Did the C and P exam specify that it was at least as likely as not due to miliatary service?  

You need the SMR's, yes, and this documents a foot injury in service.  

Now you need a current diagnosis, and you need a nexus.  

Those are the big 3 without which you wont get SC. 

yes bronco the recoil that hit my dads leg, ankle and foot has definitely caused all the issues he has with his right leg and foot today. 

His left leg is perfectly normal with no issues whatsoever. His right leg ankle and foot have numerous chronic conditions all caused from the trauma from the blow of the recoil. 

When you have time check out his profile. It basically tells his entire 35+ year fight for compensation. Along with pictures of his legs.

And thank you for all your advice!!! 

 

[VetDeniedSince1980s]

The nexus wont be in your SMR's.  It will be a doc saying it, probably fairly recently, too.  Next time you go to the doc, ask him/her:

Do you think the (foot issues Im having now) have anything to do with the broken foot in the military?

 

If he responds in the affirmative, then ask him or her to please make a note in your medical records, as to this opinion.  

Have you had a C and P exam?  Did the C and P exam specify that it was at least as likely as not due to miliatary service?  

You need the SMR's, yes, and this documents a foot injury in service.  

Now you need a current diagnosis, and you need a nexus.  

Those are the big 3 without which you wont get SC. 

And next CP exam is next Wednesday. Hoping it goes well!!!!

[broncovet]

Can you go with him on Wednesday?  It might be helpful.  Explain that somehow your records were wrong, in that they had the wrong foot.  Ask him to note in your medical record the injured foot, explaining that he viewed the pictures and it had to be this foot.  Good luck.  

[Berta]

"Bronco we had a VA vascular specialist document in Dads file after his exam that his venous insufficiency, varicose veins, venous stasis, and his venous leg ulcer is most likely caused from his injury in Vietnam. Would that be considered a nexus?"

Were these conditions claimed as secondary to the injury?

[broncovet]

That sounds like a nexus, but is it the correct foot?  The VA has called for a C and P exam for one or more of these reasons:

1.  There is something missing in the file for them to rate it, such as the nexus, the degree of disability (symptoms), or the docs opinion as to when the symptoms began.  Usually, if you dont have a current diagnosis, or in service event, they just deny it, and dont call for a C and P exam.  

 

2.  Everything is already in the file, and documented, but the VA did not read the evidence.  

3. The evidence was already there, but the VA was looking for an excuse to deny, hoping the examiner which VA hand picks

(not the Veteran) would put the service connection in doubt.   I have been called for C and P exams for conditions which are not SC, even when the evidence was already there.  The C and p examiner confirmed my favorable evidence, then the VA denied it anyway.  I wanted to let you know this, not to howl and complain, but to show you that unjust denials are very very common, like yours.  

 

Keep this in perspective:  The Chief Justice of the Supreme Court, Roberts, was "startled" to discover the VA takes a position against the Veteran that is "substantially unjustified" as much as 70 percent of the time.   Its interesting to note that the US Supreme court does not look at RO denials, he is referring to denials way up the line, at the CAVC and Federal Circuit level, where the VEteran gets paid EAJA fees to his attorney, when the Veteran prevails.  Some well known Vets advocates have said the VA denies deserved benefits at the RO level about 85 percent of the time.    It just unnerves me that the VA claims about 95% accuracy in decisions, when the accuracy is closer to 15 per cent. The reason that happens is the Va manipulates the numbers.  The VA assumes if you dont appeal, the decision is 100percent correct.  This is a false assumption.  There are many reasons a Vet does not appeal, and most of them have nothing to do with the correctness of the decision.  For example, a Veteran may be too sick, too stressed, dead, or, he may have been advised by a VSO to "not appeal", like I was.  This makes the assumption that the Veteran knows more about VA law than does the VARO.  That is only the case in a rare percentage of the time.  

    Berta and Alex could both teach VA employees VA law, and have often corrected VA employees.  

In other words, the VA makes up a bogus reason to deny you, and you have to fight in appeals for your benefits most of the time.  

Edited October 24, 2015 by broncovet