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Should We File For This


jessie0054
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Question

Hello:

I noticed in my sons enlistment physical that he had mild bilateral Pes Planus.

He did have a back injury in the service for which he is service connected at 40%.

Back in 2002 he was in physical Therapy and they made him shoe inserts for his Pes Planus but due to not having any insurance he couldn't afford them. Now his feet hurt him all the time with pain and burning.

Back when we filed for his back condition we didn't think that the pes planus had anything to do with his back, But now i wonder!!

Do you think we could service connect the feet as a secondary condition to the back??

Or not even bother.

Thanks

Jessie

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The feet could be aggravated by the back condition- VA would have to service connect the level of aggravation-this would need a medical statement of support-

Also the flat feet could be claimed too as direct SC due to the enlistment physical and claimed that this has aggravated the back condition-

You can claim both ways.

We are not prohibited fro,m raising any scenario whatsoever to garner service connection.

I am good example- I have three claims for Direct SC of my husband's death pending.

Three separate basis-

AO death due to undiagnosed DMII contributing to death (3 IMOs to support)at the AMC

PTSD contributing to direct SC death because Rod's 100% SC PTSD put him into harms way by virtue of making him eligible for VA health care) (Evidence -VA wrongful death FTCA settlement)-filed in 2004-set for DRO review

PTSD contributing to his fatal heart disease

(evidence- a prior negative VA C & P opinion highlighting Rod's"tormented" PTSD state when he dealt with EEOC matter at VA while employed there-and the doc goes on to state how emotional torment can alter neuron pathways etc etc and raise BP and cause heart problems-the EEOC case had VA employee testimony that also supported his symptoms of undiagnosed diabetes) with a DRO presently

A veterah or widow should raise any possible avenue of approach that would lend to an award of service connection.And can file more than one claim to get there.

Men and women -

this is all a War Game- a war of the words-

dealing with the Veterans Administration-

it pays to have a battle plan of action but lets face it-a good battalion commander always has more than one plan of attack.

Edited by Berta
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i guess my question would be....can you file for a pre-existing condition? knowing how the VA operates they might look at that....just a thought to consider.

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  • HadIt.com Elder

Hi Jessie,

Just to share my story I am sort of the opposite of your son. I have Pes Cavus which was not picked up on my initial physical at MEPS. I fractured both my feet while in (one in boot and camp, one in MCT). I got out in 95 and then in 1997 found out my back went to hell. I went after the VA for my back in 2000.

Both my feet were service connected when I got out. Since 2000 was five years after I had my surgeon who performed my failed back surgery write a letter stating it was possible my back condition was directly related to service. Then I got a podiatrist to state that my Pes Cavus feet possibly caused my back problem. The VA exaimer determined that it was directly connected and secondary to my feet. He stated because of the way my Pes Cavus makes me walk that my feet shift the impact of walking, hiking, and running up to my back.

Question: Did your son's feet get worse because of service? He can get connected that way too. If they try to say it was pre-service you need to prove service caused it to get worse. Probably need a Podiatrist letter for this one.

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