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Confused About What I Should Do Pending Nod

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I have a NOD filed for my pes planus, I was awarded only 10%. I also NOD my 10% for hammertoes and bunions. Both of my civilian doctors say that I am disabled and must have a sit down job. Basically, when I stand for only 10 minutes, I get severe feet and lower back pain. I do wear custom made orthotics. I have submitted all of this evidence to the VARO and I am awaiting my NOD.

I decided to see a VA Podiatrist and he says I may need to wear special braces for my ankles because my ankles turn inward. He also said that I have metatarsalbia (pain in the balls of my feet). I went for xrays and have a follow up apt in June with the Dr.

Should I file a new claim or secondary claim for this metatarsalbia or wait to see what the NOD says???? Basically, If the NOD comes back low ball, I may not decide to appeal, I am just tired of this whole mess and stressed out.

What should I do?



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  • HadIt.com Elder

Hi Joe,

Did the VA Podiatrist say what caused you ankle problem?

If he said or will say that the pes planus caused the ankle problem, then there is your service connection. All he has to say is that it is "at least as likely as not".

And, if he is willing to send you over to the "prothesis-orthotic" dept. to get you some braces, if you can get him to state that, because of your various foot and ankle problems, that you have "lost the use of your feet", then there is a claim here from bi-lateral loss of use of your feet........

If you can get the VA's own Podiatrist to make statements such as the above........then you have what MY VA doctor called a "slam dunk" of a claim. :blink: B)

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The 10% decision probably stated why they rated only 10 %.

This recent BVA decision shows how they determine the ratings for pes planus- I believe they include deformity of toes and callouses in the rating schedule-


WIth the NOD I suggest that you send them any medical evidence you mentioned that would help support a higher rating.

Also if the doc suggested braces that would be good idea to use them-

Also -I cant determine if this is a bilateral condition-in your case-

if it is the issue of bilateral should be raised in the NOD.

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Basically, I was on AD 81-97 (Infanty) but did start getting bad feet unitll years laters and it was discovered on a military medical exam while I was in the reserves. I was called up in 2003 & 2004 and that is when my condition got worse...

I asked the VA DR if I could get a letter from him and he said that I got get copies of his notes by going down to the records section of the VA. So it may sould like he woun't write me a specific letter. But I will ask him when I go back in June.

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  • HadIt.com Elder

Do what he is telling you to do.

Go to the medical records office and request your medical records. They will have you fill out a Freedom of Information Act form, which is just a one-page "release form" (which some offices have most of the blanks all filled in and all you have to do is sign your name).

The reason your doc is telling you to do this is the simple fact that the medical records are "legal documents" and, as such, are much more "probative" than a note from him. Besides, you may find that the medical records are MUCH more interesting.........'cause you just might be SURPRISED what they really do say..........about your existing condition and any other conditions that you may have or may be developing in conjunction with your "original" claim.

Read 'em real closely. REAL closely. If you have any questions regarding the terminology used, then get on here and ask, or go to your family doctor or ask your sister-in-law (everybody has an R.N. as a sister-in-law don't they?).

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