It's A Medical Miracle..!

[jecsb4]

Boy did I get hosed by ….

I got bush whacked by QTC! I currently have 10% for bilateral hammertoes, 10% bilateral bunon surgery and 30% bilateral pes planus w/ plantar fasciitis! Well I asked for a relook based on new evidence – the evidence was pretty significant – the VA podiatrist listed all my feet issues mentioned above along with posterior tibial tendon disfunction – bilateral, and other things and wrote that no question my feet were SC.

So, I felt I should get the higher rating. SO the VARO sent me to a contracted internal med dr! Well I just got the results via FOIA. It’s a medical miracle!!!

Dr. said I had no hammer, bunions, metatarsalgia. And my flat feet went from bilateral to just one foot! My plantar fasciitis stayed the same.

Earlier this week, I gave to my VSO a IMO from a podiatrist that has done the actual surgery on me for hammer and bunions! The ones that don’t exist anymore pert the internal med dr! My doctor said my feet were in the top of the list as being severe for my numerous feet issues. The IMO is worded strongly to leave no doubt of the severity and the proper rating. Anyway I turned in the IMO with my statement. My feet are worse since their rating decision and my Dr even took pictures which I submitted along with some that I had taken.

So, will the VARO go with what my doctors (including what the VA foot doctor) says or just go by what this contract doctor said. This doctor is the only one who has denied my claims.

Will they actually try and reduce my rating? The preponderance of evidence is on my side. If they deny my recon and worse try to reduce me, I think I will try to have a local hearing.

I know for one thing, flat feet, hammertoe and bunion surgery doesn’t just go away, unless you surgery remove the limbs.

In my SOC , the VARO determined my feet increased to a 30, but now that this one doctor says otherwise, what will they do? What is my best approach to this, wait for their decision, get another opinion. See what they do with my statement and IMO, or file even more feet claims for week feet (ankles give out, and I also have a dropped foot condition.), and for Foot Injury Other (tendon tears) . I included all of that in my info and wanted them to basically count all of that as a whole to see how it effected my flat feet vs additional separate claims. Was that a good strategy? Should I change course? Ask my doctor to refute these new "findings"?

Thanks all.

[jecsb4]

Berta,

Thanks for your assistance. I guess I need to make a decision to either write a statement refuting this quacks C & P or waiting to actually get the decision on my Recon.

I know that you will prevail on your claims due to your perseverance in getting the full benefits you are entitled to. The question we all seem to deal with is when.

Congrat’s on your recent graduation from AMU! You obliviously are a person of strong character and strength. I know that I could not work on a degree or certificate program while I am dealing with the VARO.

[cowgirl]

jec. As I read your post, I recall my regret in not contesting my initial C&P fiasco in a timely way, it was for mental health, unfavorable and just humiliating, so I 'marched on' thinking little there was no recourse after the big insult. If you recall, often in the mlitary we were 'encouraged' to start at the bottom and take it up 'through' the chain of command. I checked in with the old VSO I had, was told "thats all you can do". I put on my hat, left and mumbled to myself for a few years. I have since relearned to speak "UP" and stand "UP" for self sooner than later, thanks alot to my Hadit family, I don't fear the VA processes as much as I used to. They say, knowledge is power.

The way I see it, the 'VA' are people employed by the Government (using our taxes) to assist us in getting proper care & compensation for our honorable disabilities as deemed by law. The VA Compensation and Rating office, Customer Service/Patient Advocacy can hear your concerns only if you : put the concern in a clear letter, email, tell them in person, or by phone. Its important to research a tad to see what the followup options are and add a statement of what you want them to do for you. Giving feedback may reduce your rating time, one never knows,eh? Best to ya, keep personal copies of everything, phone call and mail log too. Do let us know how it goes, cg

I guess I need to make a decision to either write a statement refuting this quacks C & P or waiting to actually get the decision on my Recon.

[john999]

Jecs

What you probably need is a doctor to refute the VA quack. They won't listen to you. I think I might wait for the decision so you know exactly what to attack in the rating. That is just my opinion. You want you and your doctor to refute them on each specific issue, and conclude you deserve a higher rating.

[cowgirl]

Er, right John, I had the impression there was a written statement from teh VA contracted C&P doctor already. Good catch regards being specific to the issues. cg

Jecs

What you probably need is a doctor to refute the VA quack. They won't listen to you. I think I might wait for the decision so you know exactly what to attack in the rating. That is just my opinion. You want you and your doctor to refute them on each specific issue, and conclude you deserve a higher rating.

Edited December 10, 2007 by cowgirl

[john999]

A c&p exam is not a decision so you need the decision. For all you know you may have prevailed. That is why I say wait. You want the actual decision so your doctor can attack it.

[jecsb4]

Er, right John, I had the impression there was a written statement from teh VA contracted C&P doctor already. Good catch regards being specific to the issues. cg

I don't have the decision on my reconsiderstion of the SOC, but I did get the quack Dr.s C & P notes via FOIA. They also have my Dr.s IMO, who has treated me and also done surgeries on both of my feer. He is a x-chief of podiatry for a respected med hospital

I really don't know if I should wait for the decision or get my VA and private drs to refute this C & P exam. Maybe I should write a statment disputing the C & P and details why, based on the evidence!