mrmark1999

Thanks for the responses, they are of great help. I was diagnosed with flat foot (bilateral) at my physical exam at MEPS when I first joined the military, and also when I was in Walter reed hospital after I was wounded in Afgh. I was diagnosed again with severe flat foot. (I guess they got worse)
Shin splints, bulging discs L-4 L-5, hip pain and knee tendinitis were diagnosed by my primary doctor at the V.A. The only injuries recorded while in service are my flat feet and knee tendinitis.
I alredy submitted an "intent to file" on ebenefits on Oct 26th 2016. Thanks again  

TiredMarine0331,
Lots o' humpin will destroy your feet after a while...no doubt. Marines and Army the worst for that, for sure.  You can get your pes planus SC via aggravation of preexisting condition due to Military service.
I have pes cavus w/plantar fasciitis bilaterally, at 30%.  It was noted at MEPS in 02/92 that I had high arches. By 1997 the plantar fasciitis was already in progress on my L foot. And it aggravated my L ankle. At my EAS 11/98 I was SC for painful residual L ankle injury @ 10%.  It wasn't until last year that I was finally SC for my feet. And that was based on STR from 1997 where the plantar fasciitis was first DXd.  The Podiatrist doing my C&P exam noted that STR as the nexus, stating more likely than not due to Military Service affecting my foot type(high arches). But also by this time it had become the pes cavus(claw foot) and plantar fasciitis.  Then I won an EED claim for my feet back dated to 03/06 when I originally filed for it, that claim was never adjudicated.
As for getting all your above ground level ailments SC secondary to your feet, you will need IMO/IMEs from Orthopedic specialist stating so...unless you have it in your STR showing those issues being due to or aggravated by your pes planus.
Like "Pinky and the Brain" mentioned, go on ebenefits and start those claims yesterday!

well it depends were you sen for any of the other conditions while in service by a doc or a private doc ?
" I am also diagnosed with constant shin splints, knee tendinitis, hip pain and 2 bulging discs L-4 L-5. "
who diagnosed you ? 
if you had any paperwork on any of this while in service it should not be hard to connect them 
if you are going to start a clam using ebenifits go ahead and start  the process NOW it gives you a year to compleet your file and they will back pay you from the start date when you start to file  i just got a 7000,00 check for back pay get it started now
 how long have you been out?
i was able to get Achilles tendinitis connected to flat feet not shure to the rest but get it started now
 
 

send them back in using e benefits then send them in by fax and mail just to make sure i had faxed them in my self and they said in e benefits i need ed them so i re submitted them to e benefits its a pain but send them in both ways 

Hello,
Does the bolded mean that it only goes back to the 2nd C&P exam date? Even though you filed an appeal of the original awarded percentage?  
In other words, they do not have to go back to the original date of filing?
Thanks

thanks for the information I will follow through as I have more time than money. 

Time Line
filed initial claim July 2011 awarded in August 2013 filed NOD September 2013 for increase of three disabilities 1 rated at 10% other 2 rated 0% 1 denied received C & P exam August 2016 awarded 20% and 10% and 10% increases September 2016 Radiculopathy denied however an EMG dated 2012 confirmed it, only Xrays and C&P I'm searching for the proper legal terminology or can I state in my own words my reasoning for the earlier effective date as my original claim date? The 3 disabilities were all previously service connected. It's just hard to understand how you can file a DRO on your initial claim and they take 3+ years to complete it and then make the effective date the date of the C & P Exam. If anyone has the correct or most appropriate information to put on my Form 9 please chime in. Also, if there's an opinion as to whether this will go all the way to the BVA or be handled at the RO. 
 
any info would be greatly appreciated. 
 
thanks to all 
GOD BLESS
KC

I can also agree my podiatrist was awesome he had been treating me for a while he wrote a small IMO for me and the VA denied it he was personally offended with their rational on why so he spent 2 1/2 hrs on a regular appt and went page by page dot by dot connecting all the dots in my service records on my NOD I was approved without question because of the expertise of my physicians treating them well and they will do the same. Listen to what they have to say follow their advise

I can also agree my podiatrist was awesome he had been treating me for a while he wrote a small IMO for me and the VA denied it he was personally offended with their rational on why so he spent 2 1/2 hrs on a regular appt and went page by page dot by dot connecting all the dots in my service records on my NOD I was approved without question because of the expertise of my physicians treating them well and they will do the same. Listen to what they have to say follow their advise

Flores,
Glad to help! I saw that you and mrmark1999 would probably benefit from it, so it was the least I could do.

OK, that makes sense, I thought they gave you 20% attached to MEB?  Even if it showed up later, I think this would scud you.  I am realizing I may still not be able to give you a complete answer based on pieces I still don't know, but I'll try and we can go from there if we need to.  I hope I don't come across 'preachy', if I do, well, don't take it that way, please.  Also, keep in mind, some Reserve and Guard processes are a little different as well, and I am not knowledgeable in Guard/Reserve specific issues. 
  Firstly, the MEB/PEB screw over, bc that is what it almost always becomes.  You have limited ability to dispute because it is 'internal military stuff', like the fact you cannot sue a Military Doc for malpractice.  Once you 'accepted' your discharge, you essentially concurred with whatever decisions they made which you were not privy to, I BELIEVE.  I am sure you probably feel a little betrayed (Spoiler alert: you probably were).  How were you supposed to know, right?  Well, you were let down and betrayed by your chain-of-command.  It is your job to know and perform at the appropriate level within your MOS/AFSC, etc.  I am pretty sure you were not a DAWG/MEB/PEB/ Federal Compensation Regulation specialist, right?  Right!  SO, who SHOULD have been looking out for you? It's simple: your supervisor, his supervisor, your 1st Sgt and your CC, eventually his boss as well, etc.  Your Chain.  They let you down, and I am sorry...just not as sorry as they are for failing to fulfill their obligations to you!
The MEB 'results' can be questioned, BUT only during the process, to my knowledge, and it rarely has any affect on the outcome.  Did they assign counsel?  I believe that they must offer counsel, at a minimum.  All of my guys, my troops my peers, etc., I ALWAYS recommended they spend a little money on a private attorney (most didn't and 'paid' for it by separations instead of retirement.  One of my troops injured his back in Iraq.  A couple years later, he is walking into the Education Center to sign up for a class, slips on a wet curb and breaks his back.  They gave him 10% and severance and then told him he would 'most likely' have to wait 2 years for an appeal.  We were overseas.  He was married 2 months before this happened and they would not allow his wife to come over because he was on a Med Hold.  THEY WERE INTENTIONALLY WORKING THE SYSTEM TO MAKE HIM GIVE UP...and it worked.
Sounds crazy that you would need or want to pay a private attorney, right?  Well, here is why:  THESE GUYS ALL GOLF TOGETHER!  They are buddies, usually. The retired ones offer cash-based services to personnel in the process.  YOU WANT THAT GUY!  Otherwise, you get a pimple-faced O-2 or O-3 who, hopefully, got his uniform on right.  Who will represent the US DOD?  NOT A young guy fresh from ROTC!  Usually, it is his boss...no shit!  Who wins that one?
How is this a fair and balanced system?  It's not.  That is why they use it as a Force Shaping Tool.  They can move the thresholds around and get the metrics they want to help maintain projected end strength numbers as directed by Congress.  Just like they do with PT tests.  Too many troops, need to reduce the numbers?  No need to plan ahead or honor contracts, you just change the requirements and make it more difficult until you roll out enough people to get to where you want. Shady, right?  It sure is!...but it gets worse.
You understand that you cannot be medically retired with less than 30% rating.  Well, even that gets skewed until you get screwed.  I will use some of my personal history to demonstrate a few things then I am going to stop before I 'break the internet'.  around the middle of my career, maybe 10-12 years in, I was exposed to vaporized hydraulic fluid, I breathed it while evacuating PAX off our aircraft out in Al Sahra, W Iraq.  By the time we worked our issue, got some parts brought to us, I installed them and we trucked back to Ali Al Salem where we were flying out of at that time.  By the time we were landing there, myself and one of my loadmasters could barely land without rupturing our eardrums, quite literally.  There's more, but probably not relevant.  Within a year, my sinuses were FILLED with polyps.  I had to take heavy doses of the steroid prednisone for months to get them shrunk down enough for him to even get in there to plan surgery.  The AF was 'recommending' that I go to an MEB.  Why recommend and 'offer' me 40% without proceedings?  It was 2006, that's why, and they needed us then.  I took the surgery, a medical altitude chamber flight, and a waiver with a golden ticket to SOF waiting for me after 'just one more Rotation'.
Fast forward to around 2010-2011, and I am falling apart. Lots of health issues, many long term and chronic but most nowhere on the books bc I was an aviator and I could not risk losing my flight status and screwing my community.  We all did this, the ones who don't tend to get drummed out of the community.  They start trying to MEB me.  No problem, right?  They already offered me 40% (30% or 50% now, reg was rewritten) so I will get retired.  NOT SO FAST!  I was on a waiver, so it doesn't count.  I had a lot of issues, that's why I was lowballed and still easily hit 100% scheduler.  How about all of that?  Well, here is another little loophole they use to rip us off:  They only issues they look at and rate are those that specifically make you 'unfit for duty'.  In my case, it was the residuals of the removal of a very rare vascular tumor from my wrist which took them 2 years to diagnose and cost me my flying career in the end.  A rare vascular tumor sounds serious, right?  I still have an arm, wear a brace most days, so 20%.  Not enough to retire.  They tried to separate me with a severance package at 17-18 years of service.  Without going into more detail that doesn't pertain to your issues, I told them to take a flying leap onto a broom handle, rolled out the "Big Dogs" in my Chain and the AFSOC SG and made them retrain me while I continued to seek medical treatment. I retired with over 20 in 2014.
Hopefully, this helps.

interesting reading

Some time ago, when the military got nailed for low-balling MEB percentages to save on medical retirements, I was offered a chance to submit a package to upgrade my exit from service. My MEB percentage was raised from 20 - 30% and I was placed on the permanent medical retirement list. If I were you, I would see if the option still exists to challenge your military disability percentage. Go here:
http://www.pebforum.com/site/forums/medical-evaluation-board.42/
and see if the option still exists. I had mine upgraded back to 2004, however I see no income from it due to the VA percentage and offset. I did not qualify for CRSC or CRDP.

I don't understand this?  I have an answer for you, somewhat, but this contradicts the way I am reading it.  The more accurate the info the more accurate the answer, lol.  Untwist this piece for me and I may be able to help.  I boarded out a few of my troops and dodged boards myself like Ninja dodging an irradiated, HIV-infected, whooping coughing Herpes virus with cancer.  I know the process fairly well.  It does vary by service, but it is based in federal regulations, so the same tenants apply across the 'board'.

Id like to know that myself. I can't say for sure, but there has to be some way to appeal. It sounds like you have the evidence to fight the decision.  But I am just a Veteran like yourself.
I would talk to counsel or someone who is familiar with the laws and regulations that pertain to your predicaments.  I'm kind of at a loss as where to go myself.

The good thing is I have copies of almost everything can I get this change from standard honorable to a medical retirement 

I used David Anaise in 2015 for a Nexus letter linking my service connected GERD to my sleep apnea. I received my nexus letter within a couple of weeks and my disability was approved by VA in roughly three months. I would definitely recommend this doctor for nexus letter/IMO. 

Hadit has helped
I was completely lost when i filed a clam and turned down.Thanks to the smart members it opened my eyes and made me realize I made a few simple mistakes that I was able to correct on my NOD . The next clam I was more prepared thank you
Semper Fi

I agree get copies of everything, I was meb/peb boarded out of the Air Force for sleep apnea actually they let me finish the 6months or so left on my enlistment, honorable discharged me but did not allow me to reenlist by a reenlistment code of kbk and was never given a rating from the Air Force and knew noting about the VA. My liaison did mention I could apply to the VA but maybe would get a zero well I would have receive 50% right off the bat. No one will stick up for your need only you will so don't be afraid to. Start reading now so you know what to expect from the VA there is a 38 CFR forum hear on hadit.

Hadit has helped
I was completely lost when i filed a clam and turned down.Thanks to the smart members it opened my eyes and made me realize I made a few simple mistakes that I was able to correct on my NOD . The next clam I was more prepared thank you
Semper Fi

maybe file for an earlier effective date if the medical evidence from the original doctors or va show the same conditions
but good luck i have a NOD for an Earler effective start date and doctors letters and buddy letter and its been 2 years still waiting

We have a MEB PEB link here too, with good info.

Is there a PEBLO available at your base ?

PEBLO- PEB liaison officer

Sorry if 'base' is wrong word....Mr daughter (USAF INTEL 7 years) used to correct me all the time. I speak USMC better than the other lingos.

berta you are awesome you have told me that before for my Achilles tendinitis i did ask for my doctors references when i sent in my IMO he was the national board president for Podiatry and head of several podiatrist organisations he wrote 2 books on the subject matter basically a genius in his fiels and his resume showed it when i got my approval letter back from the VA the went with his expertise it sounded funny thy basically said your doctor was smarter then the one who examined you so we will go with yours
please keep doing what you are doing you are helping more then you know
thanks for every thing
mark

I found in my SMR's several documentation of "low back pain" where they just gave me over the counter pain meds. On that information and having a history noted by my private docs after my service time and surgery to correct but not resolving issue I filed for service connection. I stated spinal stenosis (diagnosed several years after my service time by my private physician) a claim based on the low back pain info in my SMR. That is ALL I had and I won my service connection. I believe I was either lucky or that IS all I needed. Of course everybody's chance's are different and the more "connecting dots" will most likely help than not. They also gave me radiography (spelling maybe) diagnoses with 10% in each leg. I did not file for that, but during the C&P the person noted it and they gave that to me as well. Good luck.

Good to "see" u too Berta! :)

While yes, it makes sense that they shouldn't order an exam if one doesn't say it's due to service, in the past it's been assumed. Now you actually have to spell it out....I see a lot bad juju coming the VA's way for this just for 2 little words, so PLEASE everyone just write them in.
There should be space right in the area where you list what you're claiming on the EZ form to just add it (i.e. "back condition SINCE SERVICE, residuals of sprained ankle IN SERVICE, hypertension due to high blood pressure readings FROM SERVICE, GERD - continuation of vomiting and abdominal pains FROM SERVICE, etc.)