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Michvetinfla

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Everything posted by Michvetinfla

  1. Update...I won my SSI Disability on reconsideration, waiting for podiatrist appt next for current diagnosis and nexus and in service injury, then file!
  2. Thank you for the uplifting advice, I'm realizing very quickly that organization is probably the most important thing which is simple, since I have almost no files everything I have I've uploaded to this site so it's pretty easy so far I guess the overwhelming point is that I'm still looking into podiatrist for the flat feet primary in service incident but more importantly the secondary back issues that I had the MRI for and that I'm going on social security disability for, which I'm still waiting to hear my first original claim on that as well it's been about one month since I put the claim in. and I put that claim in with just an MRI and where to get my emergency room x-rays from my broken shoulder and my father wrote a statement as he is a retired chiropractor. And I have my first psychologist appointment tonight 9 p.m. the document the mental health side of it for another claim so I have one doctor the psychologist who I'm working with to give me a Nexus and DBQ so I assume next step is the podiatrist and a back doctor but my father should be able to have his word stand as a Nexus statement could develop these links between my feet and my back if he is a chiropractor and had 20 some years of X-rays of me and my entire life again just starts at start overwhelming me since I don't have any answers in trouble finding a podiatrist and possible back doctor.
  3. Thank you so much that is great advice and I am going through it line by line. I also made a huge step last week and made a psychologist appointment and have a counseling session tomorrow night 9 p.m. I am going to finally document what this has done to me mentally and put in a claim for that as well. I do believe this is the right course but any comments would be appreciated again thank you I just feel so overwhelmed right now 30 years of them denying me I wasn't actually crazy when I went in there they had my name wrong so when they actually said they did had nothing on me I never served actually believe them for a while but as I found out just a few weeks ago they had my name spelled wrong in Saturday I finally faxed the correct information hopefully it will be fixed by then but thank you again.
  4. Yes an error on the date, April 17, 2020 I filed my intent to file. Should I get a VSO? advice on which one? ty ty ty That wasn't an accurate statement I saved everything they gave me I should have wrote I saved everything they gave me from Camp Pendleton not the only thing again I have no other evidence I've tried every way shape form this is all they've given me was the DD-214 and the other one that is included in my evidence
  5. I apologize if I presented myself so unfavorably leading to a general opinion of me that doesn't seem so favorable in your eyes. As far as to the he she and I just simply couldn't tell if both were female one was a male it wasn't obvious to me but I knew one was I guess from the name somehow I figured it out but I am not misogynistic in any way so please put that claim that may be floating in your head to rest thank you. I'm using voice typing so there are a couple mistakes please bear with me in figure it out. I guess yes in the past 30 years I've made plenty of inquiries can I record which I was told to make a claim at my local veterans to get all my records from the veterans records Etc I did this and I posted the things I got I got the DD-214 and the one signed by General daily those were the only two things saying about this Medical Board the Epts. so I have inquired at veterans offices how do I get everything I've done everything that they have told me. I have gone into VA hospitals in Ann Arbor Michigan where I'm from at least three to four times starting in the early 90s wanting to inquire about all this cuz I knew it was a sham from the beginning and no one would help me they would look at my discharge and say oh yeah you have not been in 24 months and you've already been discharging Medical Board that you had that existing pre-existing disqualification that cetera and then they would make some joke and I would feel stupid and I would eventually walk out with no answers and I went back and back finally at some point you give up. And I guess when I make a statement about being denied denied denied for 20 to 30 years I'm referring to the previous paragraph that I have gone in and I guess yes if I had done my due diligence I would have realized that I had a case here but again when you're in your 20s 30s and you can't believe how this has affected me but it has when my whole life I wanted to be nothing more than a Marine like my grandfather and World War my father an army veteran so much so that I signed on for an extra year and $10,000 and military occupational specialty was military intelligence 0231 because I got a perfect score on my ASVAB. Then you make a comment to me that I allowed 20 to 30 years to pass by, truly I have not as I have just stated, I have been trying to get answers as best I knew how at the time before the internet or any of this stuff was around always to no avail so I wasn't allowing doing nothing. In regards to not having medical records. as I've explained and if you read all the notes I thought it was in there in very detail but I will go over this again like father is a retired chiropractor. and he was my primary physician my entire life. he had my lifetime records from when I was born up until the Year 2005 when he retired. my father follows the law and regardless of me being his son with all my records he kept all his patients records of required 7 years from 2005 till 2013 then burn them as require. so for all those years he had my documentation and he knew and can attest to all of this he is still alive and will be more than willing as I live with him right now to write a letter or do a video anything and explain all of this. He has seen it from the very beginning and knew that it was bogus that I never had flat feet when I went in I never had to sign a waiver for it my dad is a medical doctor and will attach to the he gave me a physical before I went in and when I got out we took x-rays when I got home because I said I want this all documented believe me my dad will be able and I'm going to have him put down on paper as much as he can remember but again he's 81 years old this happened last time hhe was active practice 2005 but he can unequivocally say that I went in fine I came out with my feet and legs all screwed up and I have as we saw the original documents from Camp Pendleton that's the only thing I saved. The nurse if you brought the others gave me these she saw I was getting screwed over and told me to hold on to these until you're ready for disability. Again I knew I had something all these years I just never knew how to pursue it. it wasn't until August of last year I broke my right scapula. Horrible break the most painful thing ever. so I filed for SSDI while doing that I call all this information about the VA in ratings in this I started looking into it and I found this case which when I read it granted it's not the same symptoms but it's the exact same thing they said I had flat feet which I didn't my MEPS physical was Marked normal just like in this case and when I saw this case my head almost exploded realizing I have to do something about this that day for all these years have been denying me and now I actually have something physical like a something I can go in and say this is exactly like me I need help. https://www.va.gov/vetapp10/files1/1008119.txt so going back to my father the chiropractor retired 2005 moved to Florida in 2006 as well as I move down here with him I have been with them living with my father and mother in The Villages Florida where he retired since then. Show from a chiropractic Viewpoint he can give valid evidence from memory, he's not licensed in Florida he's retired but still he can give valid evidence to seeing me day in and day out and about me. But the point is 20 years of X-rays and everything and what he is going to testify to is that I was healthy when I went in but as we know it regardless doesn't matter with the position of soundness it wasn't on there they're going to say it was pre-existing well then they have to go with it was increase in-service the they can't claim as their little medical boards tried in that previous case that it didn't increase the pain or the severity of it so just reference that last case in in mind exactly like that they're not going to wiggle their way out of this and that's what the nurse in Vietnam new and she was so pissed and told me to hold these X-rays and prognosis and at the time honestly I was so mad and didn't give two cares about it but she actually grabbed me and looked me right in the eyes and said I know you don't care about this you just want to go home you're angry but you need to save these as long as it takes until you do something about but you have a legitimate case that is how I've known all these years but I have never known how to do anything about it until now. so that's why we're at where we're at. Just looking at what you wrote get on my medical records together and get everything well again how do you put 20 to 30 years of x-rays, advice and orders from foot inserts in Arches to ortopodic shoes all the things that my dad had me try wear as evidence when I roll in there with all I don't have anything it looks as you are thinking too I can tell from how you're writing it it's very unusual not to have any medical evidence I agree it is very unusual but when you are poor and have jobs that have been not paid more than $11 an hour your entire life worked menial labor jobs on your feet you can't afford insurance or doctors and when your father is a chiropractor who loves you he takes care of you for free so he was my primary and only doctor for years. mmy back get so sore, I just couldn't even move. so here is the tie-in in 2017 I got my first and only MRI. I never went back to the doctor to have them tell me the results because I couldn't afford it. I knew my back was screwed up I didn't need a doctor to tell me but I did have this MRI with the prognosis as you probably have seen their which shows clearly how messed up my back is I did not know I had to Medical evidence such as this which explains why I have been in pain for so many years but now I have medical evidence so because of that I filed for my social security disability.. on August 3rd 2019 I was in a bike wreck broke my right scapula 4 places horrible horrible hurt but the main problem the secondary result was that my already horribly back well it made it so much worse that wow post 2017 that MRI I still continue to work but not anywhere I actually changed jobs because it was so sore from doing unskilled labor residential construction to being a dishwasher. but after this accident it made my back so bad I can't even stand up straight I list to the front and to the right it is horrible but that's why I'm filing for SSDI. And for the broken shoulder I went to the emergency room when it happened and have not gone back to see anyone since because I told them I have no insurance they sent me to a doctor who guess what he retired and they had no one to cover him so I had no one for people with no insurance so I couldn't go see anyone so after not being able to work and I told them this is going to put me on disability if I can't work for a year and they said well you have to be out of work for a year while it's coming up on a year I haven't worked I'm not going to work that's why I filed. In regards to that be a side that's why it's so important I have a doctor who in my corner. As I said I need to tie in as many of these medical problems and I don't even know all of them I have cuz I haven't had an MRI of my feet or anything ever all I have of my feet are my dad I know how bad they were when he can remember but so I need to have this claim go for the flat feet pes plan is the main things that obviously are on the prognosis that the Vietnam vet nurse gave me that they were trying to get rid of such as the hallux valgus I should get a rating for that the pest plan is I should get a rating for that now the says possible stress fractures again my dad took x-rays when I got home and he said they were stress fracture so we're going to get a rating for that the degenerative changes in the MP joints yes arthritis so now as I had many an x-ray to my 20-plus years with my father that he could actually categorically show the decline of my feet which started with my USMC service. After home the right toe changing my gate putting more weight on the left leg creating any problems on the left but then when I had to go back to the right because of the pain of putting all the way down my left knee caused all the back problems in the moving up from the knee to the hip to the back. But in particular the back as my dad was a chiropractor would give me free adjustments every week so all those years I was able to continue working but as when he retired and we moved here and my father had a stroke and could no longer move his arm I no longer to get adjustments and I got slowly worse and worse until I'm at the point now. But the back started out as my dad will attest to all secondary problems relating to my feet in the issues I had the Marine Corps everything he will relate there. now, how does my dad get that much weight as any other medical doctor would for the evidence but he followed the law and got rid of mine!????. I am so despondent to find a doctor in Central Florida that can assist me that knows what all these ratings are and they know what they're looking for they know how to write the report and they know what I should be going in there to do and ask for from the very initial one because I'm scared I'm going to go in there I won't put the right primary secondary I won't be able to claim my back I won't be able to claim all these prom they're just going to look if they walked past planus that's all you're getting 10% boom. And no I never had a claim I'm just rereading what you wrote in trying to answer some of your statements but no never had a clean message said I've gone in numerous times talk everyone is shot me down and basically laughed and belittled me and made me look like I was crazy that I was only in six months and you obviously had a medical condition condition before you went in and now you're going to try to claim something in it it's ridiculous because as I stated I had intended on making a life of it in my whole life literally I should say my future plans change that day all because I went to sick call once in boot camp because of my feet were so sore and then once in guard duty while awaiting to go to combat training I went to Sick Bay for the same reason in bootcamp again these could be documented how do I get those documents? You asked if you tried yes I've tried but how do I get documents from the third phase in bootcamp the medical records showing that this is where it started? How do I get to documents from Camp Pendleton I believe I have them all of my possession but I don't have the medical board I have asked I don't know where to get that? If you do share the information I would love it and I will write and do whatever due diligence and work is necessary. As I said I've only been researching this for since I found that case so it's been like what three to four weeks. I'm sorry if I'm rambling as I said I have voice to typing on and you probably might not even read this off but I just cannot understand that as I said I was someone who planned on making the Marine Corps by life. My grandfather was a World War II vet and I spent an awful lot of time my brother and I both are going to make it our life my brother blue is me out couldn't but I had planned on this is not like it was dumb thing that I just dropped off and went in and out this was something that I had my whole life that on I had 299 out of 300 physical fitness test I was in Tip-Top shape and that's another thing how do you get that score if you had such a debilitating and flat feet when I went in absolutely crazy. And again I apologize not trying to be rude or anything you guys do a great service it's just that it seemed like someone you guys were going to give me some advice and for someone like me who has no clue what they're doing it seems like you got to so much knowledge but I was not trying to be rude I was just I guess after 20 to 30 years of thinking I have a case and then giving up on it literally I I gave up on this years ago I was not thinking this at all when I was filing for Social Security disability because I should fit the listing if you know anything about social security disability I had that posted with all my info there those pictures one of them has the MRI and its states well again you wrote to go to that IMO independent Medical make a doctor's appointment I would love to go in there and and put all this stuff in here and have them do something but I guess that's just it I don't know what doctor or where or how to get a doctor I need a VA Doctor Who's familiar with all the ins and outs that's what I need who can write this Nexus letter that's the whole thing I guess when I file my claim I will find out. Because I guess for mine I will use my father the chiropractor as a Nexus letter with all my claims and I will try to document as well as I can but I wasn't there something about a late person should be able to explain all his problems and symptoms and how he believes he got them especially if your father is a chiropractor and he explained it step-by-step every year how you're getting worse and it's because of this that and the other thing which is all related to my feet in the Marine Corps I'm sorry I'm going to make I'm going to end this if there's anything else I'll give you my phone number and my e-mail I'm not trying to be sneaky and I'm not trying to be mean to anyone here I just need help desperately I mean seriously I should be the poster child because I have tried and again I can't verify this I didn't go in and say give me a receipt for trying to get information I just had to deal with the cronies at the front desk who would laugh me away when I saw him my DD-214 and never get anywhere so I guess that's the reason why nothing's got. I guess the other thing I did file my intent to file with the VA so I have one year from I believe it was April 17th 2019, but they will be sending me for Social Security disability to an examiner for them I'm sure how can I use that information in my VA claim because you better believe I'm going to tell them about my flat feet starting all this and getting progressively worse up to my shins knees hips and lower back Etc the whole story but that will be the first medical doctor or anyone I've seen since I broke my shoulder. It sounds like to me I need to get everything together like you said and go to a doctor and have these tests done Etc which I would love to do and I'm willing to pay for it but I just don't know how to find that doctor I just don't know how to find one if anyone can help that be great if they can't then I guess I will just pick one. I just don't want to make a mistake in the VA claim because that's the most important one and worth the most money that will never ever make up for these past 30 years but at least I can help. I'd be more than willing to discuss this I just really don't know what to do I guess I just need to find an appropriate doctor who knows the ins and outs of this system how the VA works so I don't get screwed on my benefits and have everyone of my secondary injuries and illnesses such as degenerative disc disease all the secondary things that I should be entitled to. Looking at the medical evidence I have or I don't have I'm not sure how to proceed so I appreciate any help you give me or any help you don't give me I do appreciate all the time you spent it's like a lifetime helping people and I wasn't trying to be mean I guess I just acted how does emotions when I wrote that I guess if I typed everything it would be a little harder but when you just can speak it and it's typing for you now you sometimes say things that you regret later but I do appreciate everyone on this site I'm just trying to get this claim correct the first time because obviously and maybe you can correct me if I'm wrong, but we both know I'll get denied for this claim for the percentages everything they're not going to just probably no way they're going to give me everything which I will obviously shoot for a hundred percent disability with all this but I am planning on just getting an attorney who has a doctor on his list of people in from what I have read I believe I would go with hillandponton mostly because I've heard that they have medical staffing to go to Etc? would you recommend anyone once I get denied to help me in this process thank you again I really am sorry if I offended you didn't mean to also,Also which VSO should I go with? there seems to be so many any of them recommended? Brett
  6. Ty gbarmy, this has been the first peace that I could actually use go to the site get numbers and call it doctor thank you I just can't understand if this website has 20,000 people veterans in all this wealth and knowledge my case is like I said a horrendous case I thought I had no way to appeal or action to take for 30 years until I just found out I have some recourse but thank you finally someone's helping me thank you thank you. and I'm not saying this the moderators two of them have requested I put in all the pictures in official documents which I did but then she never replied and then the other moderator want to know if it was my first-ever application I said it was and then he never got back to me I mean this guy is a CVA bar person I just thought he would have the answer but it's been four or five days and I just don't see it forthcoming that's why I'm kind of at a stage I just don't know what to do and can't understand why everyone on this website isn't trying to help a little bit more for a vet who's been screwed over the 30 years denied denied denied it finally just realized I have a real claim I can make but again I'm sorry I get rambling on this topic because I put it away in my brain for the past 20-30 years because of all the pain and suffering it brings me but I do appreciate you helping me thank you again.
  7. Ty Osla, What I don't understand is that my case should be like a poster child for veterans who got the quick in the door out the door screw job who legitimately was wanting to make a career of it and in the flick of an eye was told I couldn't in my whole life changed. I don't want to rehash it just read all the info I put on the two questions I have hosted I mean I biggest question has to do about all my medical records my father the chiropractor had he burn them as required by law he is still alive so he can testify verbally or written. But I guess more than anything should I post a question asking all the vets on this website for a podiatrist and back doctor referral who's veteran-friendly in Central Florida where I live? that seems to be my biggest obstacle is finding a Doctor who is veteran-friendly knows how the VA works and can write up a Nexus paper for this. Yes I've seen things on the internet they charge like $1,500 for a Nexus paper but I'm not even at that point yet I just need a doctor in my corner and I have no insurance because of this whole thing pretty much my whole life so I can't really afford to go from one doctor to another until I find one in my corner. I'm sorry I'm rambling again but it just seems like all the veterans on this website I don't believe if they tried to tell me no one knows of any in Central Florida where I live and if so why are they guarding this information like it's some secret here is a veteran who needs it desperately and I can't get it but God bless you thank you again.
  8. Short answer is YES. Very first anything at the VA since I got discharged. Long answer follows... Yes. Very first time. I have been to the VA with my DD214 numerous times in Ann Arbor, MI (where I grew up and my Father practiced licensed Chiropractor as my primary physician until he retire 2005) and every time they tell me I was not in 24 months and on my DD214 it says physical disability existing prior to entry determined by a medical board. That always would stop me in my tracks. For years my father kept x-rays and records for me bc I insisted he document the decline of my feet after service and effects on the rest of my body, i.e. back, and after 14 years of it when he retired, he had boxes of my medical evidence (along with all his other patients) with x-rays and recommended therapy from arch inserts to orthopedic inserts to orthopedic shoes for feet and toes etc... and icing of shins and lower legs that continued to plague me still, 14 years of evidence. 2005 he retired, kept all the records the required 7 yrs, 2013....by this time the mere bringing up of my military service sent me off as I was an alcoholic (another question? Alcoholism? So after they told me I was getting booted out after what I knew was sham Medical Board and Process, I started going to the E-club, drinking nightly. Put on NJP for pissing out back hatch of squad bay whilst drunk, and, AND ORDERED to take ALCOHOL classes, establishing start of alcoholism that lasted until 2018. documented 4 DUI's! Can I claim this? 1 Yr in patient treatment, 18 months outpatient...Which I feel can be sourced to when they said I was getting my bogus discharge and classes I was ordered to take?? any thought?? opiate addict, by self confession self medicating the pains of my feet and back at this point (Thank God I am 4 years clean!), so my dad burned all his patients records, as required by law, including mine. My father follows the law, also a proud Veteran (ARMY). So, all those pics I attached to case, including the original x-rays (See previous story how this Vietnam vet thought they were screwing me, went back got my originals, gave them to me and said hold these until your ready to file disability. They are claiming pre existence, these prove otherwise!!) from 1990 showing the state of my feet then, and obviously all I need is a new one now and see how bad they have gotten (My father had them year by year, the decline of my feet x-rays, but alas, gone), the 2017 MRI and I don't have a copy but can get my Aug 7, 2019 Emergency room report with x-rays and ct scan with dye confirming broke scapula which in turn aggravated my back so much I cant work and already filed for SSDI going on 3 wks....Thats is what got me looking into my VA stuff online after putting it in a box in my brain for years and years, finding the presumption of soundness, then some similar cases, then your website...sorry, my answers get longwinded, but I feel I have so much background information that is critical to winning this, but not only that, but going into my 1st C and P exam and knowing every single primary and secondary rating I am going for and that its medically going to hold...Not asking much I know, LOL. Also, Should I be punished bc my Father afforded me FREE health care for life, as such he was my ONLY State licensed Dr. I went to for almost 20 years, unless I broke a bone or stitches etc, so I just want to impress that he was the single most qualified person to answer these questions, BUT ALL MY RECORDS WERE BURNED AS REQ BY LAW!!! How can I prove I had boxes of evidence?
  9. Ty! I guess then I have a potential problem, my father was license to practice until he retired in 2005. Again he had all my entire life medical records in x-rays and will and can attest that I was 100% healthy before I went in as he gave me a pre-service physical, I just asked him again because I have the x-rays from the medical board at camp Pendleton I have possession of them to look at them and if it's even possible to discern if these are genetic or if it was aggressive flat feet, he said unequivocally no I was not born that way that all my previous x-ray showed my normal feet and that these x-rays true to him the steak they were in after I left the service which was call Lee not the shape they were in before but I need that testimony to be counted, my father also is a army veteran honorable discharge was drafted did his time and continued on with his life, so he was familiar with the physical and also capable and licensed,qualified to assess my health pre and post service but the question is....will his IMO statement and a Nexus statement up until 2005 when he retired, that's the last year he can make a professional opinion about me? is that correct? Just because he retired he doesn't lose his ability to speak on patients that were his before he retired and was still licensed does it? He should be able to report that every year since boot camp my feet have gotten worse and worse affecting my gate thus DDD and herniated disc xcetera all my lower back problems which were present before he retired. I guess will that be considered just a statement from my father or will his statements be considered an independent medical observation but only up until 2005? Thank you again sorry this seems long the question that I'm asking.
  10. i just put all the files, pics requested on a new question, can you please look at them, ty
  11. Disproving a discharge for a physical disability existing prior to entry determined by a medical board. Facts. Entered the United States Marine Corps November 7th 1990, discharge date May 20th 1991 for a total of 6 months 14 days. In Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004), the United States Court of Appeals for the Federal Circuit (Federal Circuit) found that, when no preexisting condition is noted upon entry into service, the Veteran is presumed to have been sound upon entry and then the burden falls on the government to rebut the presumption of soundness. The Federal Circuit held in Wagner that the correct standard for rebutting the presumption of soundness under 38 U.S.C.A. § 1111 (West 2002) requires that VA shows by clear and unmistakable evidence that (1) the Veteran's disability existed prior to service, and, (2) that the preexisting disability was not aggravated during service. When I entered active service in Detroit MEPS no waivers were signed As I had no disabilities including flat feet or bunions Etc. I was 100% healthy, passed my background check for top secret clearance and signed a five-year enlistment with a $10,000 bonus, MOS 0231. While in Marine Corps boot camp, during the third phase or last part of training until graduation, I went to sick call for the first time complaining of lower leg and foot pain, that they were numb painful feel like knives are in them and hurts to walk or march. I was put on light duty no marching running PT and ordered to wear go fasters or sneakers. I did miss the final last long march with the platoon at the very end of boot camp because of being on light duty, but I did graduate with my platoon (01Feb91). (Stating this now as there should be evidence of it somewhere in San Diego MCRD of me going to sick call, Proving the beginning of my foot problems and leg problems happened in boot camp). Went home for boot camp leave ,returned 10 days later for MCT Marine combat training, put in a guard platoon until a position opened up for me in the combat training class. The first week there while pulling guard Duty, (Reported back 11 February 91)- 19Feb91, and doing various Marine guard Duty tasks, the same problem occurred that happened in boot camp, shooting pains numbness etc etc. This time they took x-rays the first time 19Feb91, I came back in two days, 21Feb91, for another series of x-rays and that was it for my medical services at Camp Pendleton, and apparently that was the whole of my Medical Board in terms of talking to me or even having any contact with me upon making a final decision 29 April 91 Medical Board. The Veteran was not shown to have any foot disability when examined for entry into service and the Veteran asserts that he had no foot disability prior to service. The Board, however, finds that there is clear and unmistakable evidence that the Veteran had bilateral foot disability prior to service. This is shown by the inservice medical findings that the bilateral foot disability existed prior to service. Nonetheless, in order to rebut the presumption of soundness, the evidence must also show, clearly and unmistakably, that the Veteran's bilateral foot disability was not aggravated by service. A preexisting injury or disease will be considered to have been aggravated by active service where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. 38 C.F.R. § 3.306(a). Temporary or intermittent flare-ups of the preexisting condition during service are not sufficient to be considered aggravation unless the underlying condition, as contrasted to symptoms, has worsened. Crowe v. Brown, 7 Vet. App. 238, 247-48 (1994). Aggravation may not be conceded where the disability underwent no increase in severity during service on the basis of all the evidence of record pertaining to the manifestations of the disability prior to, during and subsequent to service. 38 C.F.R. § 3.306(b). (this is my conjecture of extrapolating recorded VA cases and actual notes with my facts in my case) Although the April 29th 1991 medical board report states that the veterans physical disability had not been aggravated by service, But in almost every instance of cases I've been studying, like this, the VA court case inspected disagrees and Rules in favor of the veteran. It usually will sound like this. “ in this case the service treatment record clearly shows that the veterans bilateral foot disability increased in severity during service. the veteran went from having no foot complaints to having extreme foot pain and difficulty walking. even after going on light duty and 10 days bootcamp leave and refraining from marching and wearing boots after all that he still had the same symptoms and pain as in boot camp the pes planus flat feet. Despite the medical board, the evidence does not clearly and unmistakably show that the foot disability did not worsen in service. Because the veteran bilateral PES planus did increase in severity during service and because there is no clear and unmistakable evidence that the veterans pre-existing bilateral foot disability was not aggravated during service, the board finds that the veterans pre-existing bilateral pes planus was permanently aggravated by service. Because the presumption of soundness has not been rebutted, service connection for bilateral PES planus is warranted. !!!! That is the outcome that I see coming from the facts of this case unless I am wrong. I want to add the rest of the information to complete the Nexus. I am including in this the x-rays and doctors prognosis of those x-rays which are the originals from 1991. this was given to me by the nurse who told me I was getting screwed over that clearly my injuries occurred in service in that they're doing this so I don't get any disability she was a Vietnam vet nurse very angry gave me all the records that I took pictures of below and told me to hold them until I was ready for disability I never forgot that and kept them in the safe place for 30 years that is why I have this evidence. The discharge papers and the board paperwork I have included, does state a physical disability existing prior to entry determined by a medical board as the narrative reason for separation.The medical board consisted of going to sick call twice and getting x-rays. Two different times I went for x-rays as you can see I was diagnosed the first time February 19th with possible stress fractures of the proximal tibia of both the right and left leg as well as the right foot hallux valgus deformity otherwise within normal limits my left foot degenerative changes in the MP joints. Then on the February 21st prognosis was of bilateral mild pes plannus. And the most important part of the case, I believe is, my father has been my primary doctor my entire life and he was a licensed chiropractor who retired in 2005. He did have all my records and notes for all my years, he did keep them the required seven years when he retired in 2005 and burn them along with all his patients in 2012. But he is willing and ready to go on record for me from memory. Again this was one of the factors I never attempted this because I have no doctor except my dad, and I didn't know they allowed Chiropractic doctors and gave the same weight of evidence as medical doctors.(I found out starting in 2004 so I guess I'm 16 years too late) I was always told the opposite so I felt I never could do anything about this unjustice that has been done to me all these years. When I was discharged I was Furious because I was perfectly healthy and they claimed that it existed prior when it actually happened in boot camp because they didn't want to pay disability to me. Now it doesn't matter per se proving I didn't have it previously if they failed the presumption of soundness test but my father will testify to the fact that I never had flat feet or fallen arches are any problems with my feet until I returned from the service and that is when he did his own X-rays of me and can testify that, yes they(USMC) had permanently injured Me by causing the flat feet tibia stress fractures hallux valgus and degenerative changes in the MP joints. Again all the files have been burned as per law but he will testify that he gave me physicals every year and noted the declining health of my feet and how it has caused back damage, lower back damage. He noted this all through my life while treating me, giving me adjustments Giving me arch support to try in my shoes as well as Orthopedic inserts and shoes all to no avail as they did not help my feet just got worse as well as the Nexus needed from my father to associate my lower back pain specifically the MRI that I included with the information about the disc herniation with severe Central stenosis and sacral nerve root impingement. Will the VA take into account my Father being a chiropractor as well as being my father and having an intimate knowledge and relationship of my health my entire life would they give his testimony the same weight as a medical doctor or more? He will testify that more so than not it is likely probable that my flat feet conditions led to the secondary conditions of the lower back where it is evident with the MRI from 2017 how bad my back truly is. As a matter of fact I'm waiting for a decision for Social Security disabilityI just sent in one month ago. I fit the listing for sacral nerve root Central stenosis lower back listing And have not been able to work since August 2019 where I had a bicycle accident and broke my right scapula resulting in the secondary hurting my back which was already end herniation and sacral nerve impingement. Now in terms of what to claim disability wise, I still need to speak with someone and I mailed in my intent to file a claim today and would like some advice?? I was going to use the Disabled American Veterans as my VSO the one in Tampa Florida Does anyone recommend them in Central Florida or have a better vso recommendation?. Again I am waiting for my SSI disability which I just put in 2 weeks ago and how will that ruling affect my VA ratings at all if any? And should my father the chiropractor be putting in his prognosis such as my pes planus is either pronounced or severe Etc should he be making prognosis on my feet and back because he is a professional in that needs to give his professional opinion? Any info would be great I guess I'm fairly confident that I finally have the facts straight that even if they claim it existed prior to enlistment they have to then prove it wasn't made worse in service and as I pointed out that's very high bar, but again connecting the Hallux valgus, stress fractures, pes planus as Service-connected so that the secondary connection to my documented lower back issues that he, my father the chiropractor, has made the Nexus Link to the primary and it definitely happened at the direct result from my flat feet in it problems that happened to me while in service in the Marine Corps. United States claim Any info would help should he be putting in a rating for my back there are many codes should he be trying to figure out all these codes and ratings or is that something my vso should help me with as I said my father is in my corner and knows that this was all caused by my in-service primary and secondary and will do whatever he has to to back that up.
  12. My situation is different in the sense that I am and have been homeless many years and do not have almost any medical documents or evidence as I have not had insurance. So I have no idea how to find a doctor who will work with me, on my claim and establishing all the connections Etc. I live Central Florida Or should I just go to the VA in file for an appointment to be used on my claim? ty
  13. Thank you to everyone who has answered some of my q's. So now I know i will get an SC for the Pes Planus, but again, I am in a unique position that I have my Original Xrays and original radiological consultation request/report (NSN 7540-00-634-4162) As stated previous, the nurse told me I was getting screwed, that I will get no benefits the way the are doing my discharge, but she new I was injured in service so she gave me the originals and told me when im ready file diability with them It took 30 years.... So, Since I have the xray report, shouldn't I claim for disability everything that was listed medically from my xrays prognosis from the Dr. not just the pes planus? or secondary? I will list the dr. prognosis.... left foot, 3 views: mild pes planus. right foot, three views: mild Pes planus. " Second consultation report from the radiologic consultation is right lower leg, two views: possible stress fracture proximal tibia left lower leg: possible stress fracture left proximal tibia right foot, three views: hallux valgus deformity, otherwise within normal limits. left foot, three views: degenerative changes in the MP joints. And should I turn these original x-rays and prognosis in to the VA? At a bare minimum it would give baseline how bad my feet have gotten since then. Or should I save these in case Im denied and can reopen the case bc these would be considered new evidence?? confused Again, I dont know the correct way to present this? Also, How would I tie in my lower back sacral nerve problems that I just applied for SSI Disability 2 weeks ago. I am going to claim that the back is a seconday injury to the flat feet and stress fractures and hallux vulgus and stress fractures, IF POSSIBLE??? But know those listed and the one I need to tie in (my lower back claim, I do have MRI for it), how would I do it? what is primary, secondary? I guess how to and what order to claim these? Sorry having trouble formulating question for this
  14. Thank you so much everyone for hoping in I'm not mad at all I'm just student and everyone out there is the teacher right now because I know nothing about the process really except for what I've been learning here and online. After finding that case in knowing that they cannot deny the condition I never had and which was caused by my service and they Claim was pre-existing, I still have a questionnaire to obviously but primarily this. As I stated previously I had no real Medical Board other than going to sick call two days for X-rays and then I'm being discharged because I have flat feet and they determined it had to have existed prior to my entry therefore administrative discharge no benefits and I was in over 6 months over a hundred and eighty days and did finish boot camp and was at MCT combat training in Marine Corps when this happen. So normally all I would have to present is the flat feet or pes planus, But as I stated in my first real long post the nurse actually gave me the original X-rays and radiologic consultation request report because she told me I will never get benefits unless I have these and I saved thrm all these years. But since I have them, one of them does say mild pes planus left and right foot but the other one says possible stress fracture proximal tibia right lower leg left lower leg, right foot hallux valgus deformity Otherwise within normal limits left foot degenerative changes in the MP joints. I guess my thinking is since I have the evidence showing all these problems and can prove that they will be determined in service or at a bare minimum like the case I noted as pre-existing but definitively injured while in active service, shouldn't I be saying these injuries since I have the x-rays in doctors original prognosis and signature stating I have these other problems besides the flat feet (stress fracture i can claim shin splints, etc) shouldn't all these be addressed at the same time as primary? again I don't know, you guys do, that's just what I'm thinking why I just go with the flat feet and then pack on after the fact when I have evidence in my possession stating all the problems with my feet should I go for everything right from the get-go or not?
  15. "TY Everyone for your help. I will post this VA case that I found. It is almost like my case. My case is actually stronger I think. But this will prove the presumption of soundness point as I had zero waivers nor anything marked but normal at my MEPS in Detroit physical. So, I am relieved I'm not wasting my time https://www.va.gov/vetapp10/files1/1008119.txt Am I correct in my thinking?
  16. I found your website. I have never posted anything asking anyone about this but I'm finally doing something about it and desperately need some advice. The question specifically has to do with my physical exam at MEPS and the presumption of soundness attached to it. If I am found 100% physically fit and did not have to sign any waivers, how can I have a disability existing prior to entry discharge for a physical disability not previously noted at MEPS or in any previous records? Am I correct that unless otherwise noted at my MEPS examination, any physical injuries thereafter besides something congenital had to have occurred in service? As in nothing was noted for me other than I was in 100% perfect physical shape. Secondary question will be about how to connect the dots with my disability and future appointments and what I should be looking for in responses from doctors which I will go into further below. Background information I am sorry if this gets lengthy or the wrong Forum to put it at but I really don't know who else to ask and have never told my story or asked any advice from anyone about this. My entire life I knew I was going to be a marine and that's all I wanted to be as my grandfather was a World War II Marine veteran my father an army veteran so I knew and trained for very young to be a Marine it was my hopes and dream. I was a high school sport standout in every sport, won the state championship football perfect physical health ( I am 6 foot 4 inches 180 lbs) the plan was to go to college then be a Marine Corps officer. This was 1988 when I graduated high school, by 1989 I was in college not enjoying it and watching the Middle East get very hot. After discussing it with my father I had his blessing to drop out of college at Eastern Michigan University and enlist in the Marine Corps. I did the Delayed Enlistment program and they actually called me up early and reported in November 1990 to Camp Pendleton California. I will mention that I got a perfect score on the ASVAB by the recruiter and offered any job and I chose and signed a contract for intelligence with a Meritorious Promotion to private first class after graduating boot camp and Lance corporal after graduating my MOS School and upon graduating my MOS school and also a $10,000 bonus. Again just establishing my sincerity and fortitude that this was my dream and purpose I had trained for my entire life And I wouldn't be signing a contract adding time to my enlistment if I truly wasn't planning on making a career of the Marine Corps. Boot camp In the Marine Corps is very stressful and it was during the very beginning of the Gulf War. Needless to say to drill instructors were hyper-vigilant in one of them even got busted from our platoon for striking some of the recruits. I am only mentioning these boot camp incidents to establish a fact. Anyone knows in boot camp unless you are on your deathbed you do not report to sickbay. I was the same way but then again I was always healthy in my entire life. In second phase my feet started hurting when we would go on marches and humps and by the time we went back for third phase in San Diego I did report to sick call. I did miss the final March because my feet and lower legs hurt too bad pins and needles numbness pain Etc and it is in the boot camp medical records that this did happen and I did go to sick call. If I recall while in bootcamp I just was on light duty for a few days and we were so close to graduating I only missed a few days and graduated with my platoon. Throughout my entire boot camp I went to Sick Bay sick call the one time for my feet they put me on light duty I missed a few days of training and that was it and I graduated February 1st 1991 with my original platoon I started with. I also had a final physical fitness test score of 299 out of 300. I was perfect in Pull-Ups, sit ups and the 3 Mile Run was 10 seconds short. I had one point subtracted because I was 10 seconds over the 18-minute mark, I'm saying this to establish I was in perfect physical health otherwise besides my feet and legs being so sore and painful. Went home for boot camp leave reported back to Camp Pendleton for Marine combat training (MCT). I was told that we had to pull guard or KP duty until space was available in the class. While in this holding platoon, doing guard Duty, the same problems occurred with my feet as they were tingly numb painful and this was after just standing post. And so I went to sick call for the second time in my life praying and hoping they would just give me some pills or something to alleviate the pain so I can go back to being a Marine. They took some X-rays put me on light duty and told me they will be back with me to see me again. 2 Days Later I am pulled into the office and told point blank that I am being discharged because I have mild bilateral pes planus or the common name flat feet and that this disability existed prior to entry into the service. And that was it! I can't even explain in words how my whole life I had been training and wanting to do this one thing and it was taken away so quickly in the blink of an eye and I had no recourse or way to get my Marine Corps career back. I was devastated. At that moment I had no clue what to do as I have said my entire life I want to be Marine and by simply reporting to sick call and having some feet pain and leg pain I am all the sudden being discharged and my whole world ended. I must include this side note below. At Camp Pendleton that day being told the horrific news there was a Vietnam veteran nurse who was assisting me. She could tell how I couldn't believe this was happening I told her I never been sick or have flat feet or problems my entire life, in bootcamp I went to sick call one time and now one time here and now I'm being discharged I was beyond upset and couldn't figure out what to do she said there was nothing I can do, the medical board is already underway. Then she did something I don't know if it was legal or not but she could tell I was upset pissed off I just was so mad I told her I didn't care what anyone did at this point she said I'm going to do something I've never done and handed me all my x-rays (she handed me everything in the original color coordinated huge folders, mine are orange, with all the Navy markings on it) The Originals as well as the original radiologic consultation request report and prognosis for all those x-rays. She told me I know you don't care about any of this right now and you're very upset and have just seen your whole life flash before you (because I did tell her I had intended to retire a Marine), but twenty or thirty years down the road maybe even sooner you are going to need medical help because I've seen your records and you had no waiver entering service stating that you had these medical problems previously and this was caused while in service and they are claiming you had it before you enlisted so you do not get any VA benefits, but I did not see it on any of your records. I'm giving you your original X-rays and the consultative reports and please hold onto them until you're ready to file for disability some time in the future, these will be your key, if you don't have these you will never see them again and it will make your claim almost impossible, the VA will contend it did not pre-exist, but these will prove it for you, she reiterated in the most passionate way that I must not lose those that I will need them to file a disability claim in the future. So fast forward until present day. I did save the original X-rays and the consultation report and have them in a safe place. It has taken me until a few months back to actually pull them out, look at them along with my discharge papers and realize that this is all wrong and I have a claim here! The evidence that I have is that the radiological report says as follows "left foot, 3 views: mild pes planus. right foot, three views: mild Pes planus. " Second consultation report from the radiologic consultation is "right lower leg, two views: possible stress fracture proximal tibia left lower leg: possible stress fracture left proximal tibia right foot, three views: hallux valgus deformity, otherwise within normal limits. left foot, three views: degenerative changes in the MP joints. What does this all mean to me and my ability for a VA claim? So move forward to current day unfortunately since I left the Marine corps I never have had any health insurance had a plethora of problems. In 2017 after years and years of back pain lower back pain ( as well as my feet and lower legs the entire time since I left the Marine corps) I finally went to a doctor and complained I was in so much pain something had to be done and he ordered an MRI. I do have an MRI establishing my s1 – l5 lower back an S5 through s1 does have sacral nerve damage bulging and deteriorating disc etc enough to meet the classification for social security disability. The MRI was in 2017 and my lower back pain has been with me since I was in the Marines. I may have had three or four emergency visits and some urgent Care but there has not been any paper trail or evidence that a normal person would have 20 to 30 years of it I have almost nothing because I never went to the doctor or hospital. The catalyst that started this was in August 2019 I had a bicycle accident I broke my scapula in five places. I had no insurance I went to the emergency room they x-rayed it said yes it's a terrible break and gave me the number of a doctor who sees patients without insurance or money. As it turns out the man retired and no one replaced him. I called every resource clinic site et cetera… they had no one to look at my shoulder for without having insurance. I never had any follow up. After being out of work 9 months and realizing it's going to be a full year I will meet the requirement for SSI disability then upon seeing the one piece of medical evidence I possessed my MRI and its prognosis I asked a doctor and yes, it appears I do meet the listing for that with my 2017 MRI, not even taking into account the new injury and the further damage it has done. The point is that it is now 2020 and I have never had a follow-up appointment for the shoulder and obviously the shoulder is horrible but the back is even much worse now after the accident than before my 2017 MRI. With this knowledge and the fact that I do not have barely any evidence I knew if I filed for SSI disability they will send me to a local doctor to verify my injury and give me a NEW MRI which should show that is is even worse now than in 2017, which was physically bad enough to qualify then, it should be more than bad enough in nature to qualify for disability now. My research into SSI disability I kept seeing about veterans and that is how I return to my discharge papers and looked at them, and am planning and filing for VA disability. I have read about obviously I need documentation to prove any of this, VA especially and I have almost none, that is my main concern. I have read a little about pyramiding and primary injury secondary at cetera. My end result of filing for VA disability in this case will be to try and achieve 100% disability. In my research it may be possible but I will put down what I am thinking now. Because of the presumption of soundness and I had no waivers they cannot deny that the mild pes planus and bunions and the other damage listed in the X-rays I had for my medical board could not have existed previous to my service in the Marine corps or else it would have to have been noted at m e p s or I would have had to have had a waiver. My VA Claim thought process? The rating for mild pes planus is 0%, after review, mine is pronounced bilateral pes planus a 50% rating (my feet have gotten terribly worse over the years, my feet truly are flat as a pancake now pronating inward and very painful, has changed my gate, this is not official as I've never been to a doctor, but this is my honest opinion). Since this had to have happened in service this will be a primary injury I believe as well as the bunions or hallux valgus deformity. They are noted in my 1991 medical x-rays so as a primary I can safely say they have gotten much worse and both toes are affected now not just the right. The rating for bilateral hallux valgus is 10% each foot or a total of 20%. Bringing the total to 70% rating. Of course that is if I am awarded the maximum for the bilateral pes planus and both feet hallux valgus. Now this is where I have some more questions? I also have all the symptoms and am very positive I have peripheral neuropathy which I'm very familiar with as my mother has it but, but the rating for that looks like it can be deemed secondary cause from my pes planus. If correct shouldn't I receive x% for bilateral peripheral neuropathy as a secondary result from my primary injury? Next,is tying in the primary pes planus to my SSI disability case that my lower back secondary (sacral nerve, herniated discs, degenerative disc disease) is aggravated and hurt from my primary bilateral pes planus as well as my bilateral neuropathy affects it as well. The listing for lower back pain is x percent up to a 100% And lastly the whole affair has caused me PTSD and that rating is 0% to 100% rating. I don't want to go into how I have it or not but I have read all the symptoms and can present a very strong case that I definitely have had PTSD since the day I was told I was being discharged. And with no insurance I have never gotten it treated but I have definite evidence of it in my life. I filed the SSI disability last week and am awaiting them to call me and set up a doctors appointment. I also called the veterans administration about filing disability. I called my local VA and ask about a veteran's service officer who could help me with filing questions. I started to go over some basics in my case and when PTSD was brought up he inquired how I could have it without being in combat and only in the service six months and I immediately shut down and felt that it was horrible a veteran service officer would make me feel as though I don't have valid reason to have PTSD. So that is why I searched the internet and found this forum. So another question since how do I establish PTSD? With no insurance can't really get a counseling thing even as a veteran I tried and since I was not in 2 years I did not qualify for any health benefits. I guess should I call the veterans hotline PTSD number and tell them I am suicidal just in order to get this documented and at least someone would have a file then from the VA about whatever I tell them my story? Also should I be trying to find my own doctors who would be favorable to my situation, and to further explore the tibia stress fractures and if I can associate that injury to another rating? I don't have insurance but I might be able to find a clinic, and my thought process is a podiatrist who will substantiate my pes planus condition. Should I be actively looking for a civilian doctor who will know the whole story I just recited and work with me to try to get my VA disability? Or should I just file my claim with just the limited information (presumption of soundness) the x-rays that I have from 1991 and prognosis and hopefully my SSI disability case once I see the doctor who will also have some more evidence, hopefully providing more evidence of my infirmaries? Also is a question that would I be getting any kind of back pay disability for all these past 30 years if the decision is in my favor? Another question is that should I contact a lawyer? Also a veteran service officer should I contact someone like the American legion or which one would someone recommend I use because I truly do not know what I'm doing and I feel if I had the right direction I'm someone who knows all the intricacies and workings of the VA if I filed this correctly the first time and knew what type of evidence to gather it would make my claim so much more positive in my favor. if I have to, I will get the money somehow,a loan from family to see the right doctor but should I be going to a doctor, a veteran Dr who will be in my corner and spend money on it before I file this claim? Thank you everyone, I'm sorry if I'm rambling, I have many questions but I've already asked too many. I am grateful for finding this forum and I really hope someone has some real answers for me that can assist me. Thank you. Happy Easter! Sincerely, Marine from MI living in central FL now.
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