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SamNezzer

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I posted this somewhere else and am not sure about all the jargon, or initials or really how to get around this site yet, and I can't sit at the computer too long, my back hurts and feet go numb (literally).

I don't want to post a ton of information if this is not where I need to be, so let me sum up:

I enlisted 12/6/1994 and was medically discharged 12/12/1995 with a 10% disability and given a lump sum of $2,112 for Bilateral Plantar Facitis. I Filed a claim upon leaving the military (as I was told) moved to California and assigned the American Legion reps to handle my stuff. On 4/16/1997 I was denied all other claims (I submitted 10 in all) except Anemia and given 0% for that and my original disability was dropped to 0% as well. I appealed and received a letter on 9/30/1997 to submit another form 21-526 which I had originally used in the first place on 11/24/1995 and 8/26/1996. I have no records or recolection after that and basically gave up because I didn't have new information and my marriage was going sour. I never heard back from the American Legion (they weren't very helpful to begin with). Nearly 10 years later, I am having some serious nerve damage in my neck which shows up in my arms as loss of sensation (one of my original claims that was denied). I've discovered that I have osteo arthritis in my neck and many of the 10 things I originally claimed are connected symptoms. I also claimed chronic UTI's and recently had to have a sling placed over my bladder for this issue in November of 2004. My grandfather, Conrad Holsomback, told me about this site and to reopen my claim. I know this isn't short, but my main questions are:

1-How can they reduce a % that was the cause to kick me out of the military and I was told is not reversable? I have to pay a higher co-pay if I am less that 10%.

2-Is there anyway to get my claim retroactive or do I really have to start all over?

3-How can they start paying from the date the claim is filed, yet when they dropped my % they made it retroactive to the day I was discharged?

4-In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"; "the VA exam noted this condition by history only"; "this condition was not noted on the VA exam"; reports three episodes during April, July and September 1995, but "there is no evidence of chronic condition" and finally with my current issues "the diagnosis showed a history of symptomatic paresthesias with prolonged use of the hands"

How is that any basis for an answer and how can I appeal this now, nearly 9 years later?

I really need help and am furious that I didn't stick this out before, but I was nearly 22 and had other issues to deal with. I still have issues, but this is now a persistent problem and I am so frustrated that they treat people like this when they are unknowing of how to "use" the system.

I didn't pursue it because I didn't have any new evidence and they didn't use the evidence they got or search for the problem that related to the symptom.

I claimed for a heart murmur they found while in; chronic UTI's that still persist enough to have had surgery 11/2004; chronic ear infections; chest pains (I think these are related to my current problem); allergies (these are a big time problem now); nerve damage in my Left wrist (major issue); a misscarriage; and rashes (still persistent). I mentioned above they were all denied but the original feet thing (although it was decreased) and Anemia. Now I think many are symptamatic to my neck and I have blood tests that say I have rhumatoid arthritis as well, but I am not sure where, as I have knee (previous condition from prior military) and wrist issues. I am currently in a lot of pain and loosing my mobility and dealing with other things.

I am mostly angry and how I was dooped with my original claim and want to see if they can really get away with that and just grant me what they grant me from this point forward or if the insufficient information they provided can be cause for a mis- something on their part and make my claims retroactive to 12/13/1995.

PLEASE HELP DIRECT ME

I am going to the VA clinic tomorrow to get re-registered and see if I can get in for my "non-service connnected" ailments.

THANK YOU

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I was in the Navy's Nuclear Program. There is no evidence about my neck or the arthritis in my service record, just the numbness in my fingers, which has persisted for 10 years and I was in the ER last week because of back pain and the numbness and was told it is from a nerve being pinched in my T1 C7 vertebrae in my neck. An Xray shows the arthritus, but not how long I've had it or what caused it. The service record shows a symptom of my neck problems, which is the numbness, and I claimed for that in the beginning, but was denied and didn't realize until now that it is from my neck.

My actual letter states:

“We made a decision on your compensation claim.

What we decided

We agree that the conditions listed below are service-connected. Each one is less than 10% disabling:

1. Plantar Fascitis and flat feet

2. Iron deficient anemia

The law says VA can’t pay for disabilities that are less than 10% disabling.

We did not find your claim for the following condition to be well grounded.

1. Heart murmur

2. Urinary tract infection

3. Ear infection

4. Chest pains

5. Allergies

6. Left wrist condition

7. Miscarriage

8. Rashes

How We Made Our Decision

We carefully considered all the evidence we received. We have attached a copy of the Rating Decision. It shows the evidence we used and the reasons for our decision.

If You Need Medical Care

You can receive free medical care for any service-connected disability. You can apply for treatment at the nearest VA medical center. Take a copy of this letter with you.

If You Think We’re Wrong

Blah, blah, blah…

If You Have Questions

Blah, blah, blah…

Sincerely yours,

In the Rating Decision attached to their letter under the Reasons and Bases it states:

“Service connection for plantar fasciitis and flat feet has been established as directly related to military service. This condition is evaluated as 0% disabling from 12/13/1995, the day following separation from service as a claim for benefits was received within a year of separation from service. A noncompensable evaluation is assigned in the absence of moderate symptoms associated with foot injury.

The service medical records shows complaints and treatment for foot pain since boot camp. Plantar fasciitis was diagnosed during service and there was no resolution of this condition with shoe inserts, non-steroidal anti-inflammatory medications, stretching and physical therapy. A Physical Evaluation Board convened to consider the veteran’s case and it was determined that she was unfit for duty due to the plantar fasciitis. The enlistment physical examination dated 8/31/1994 noted normal arch of the feet and no foot disabilities. Mild pes planus was diagnosed by the Medical Board report dated 9/5/1995 as evidence by an X-ray study which also noted no bony changes.

The VA exam described the veteran’s feet as having no tenderness over the Achilles tendons nor any tenderness over the plantar surface of the foot. There was no evidence of plantar warts or calluses. Plantar flexion and dorsiflexion of the feet were intact.”

For the Anemia an exerpt states:

"The VA exam noted this condition by history, showing that this condtion has been nonresponsive to oral iron supplements, and ordered a complete blood cell count and differential study. The results of those studies were NOT available for review and will be requested for consideration."

It then goes into the Heart Murmur:

"The VA exam observed a grade II of VI systolic ejection-type murmur without radiation over the base of the heart in the pulmonic area."

Then the UTI's; the ear infections (which were "primarily associated with allergies and upper respiratory infections"); chest pains located on the left side with some radiation to the back and shoulders ("This condition was not noted on the VA exam."); "no evidence of a chronic condition" with allergies; "history of symptomatic paresthesias with prolonged use of the hands" for my left wrist condition in which my 4th adn 5th digits go numb; the miscarriage; and rashes noted as possible scabetic rashes, but no active evidence.

That was the end of my denial letter and no further comments that I would get more finalized results regarding the conditions that weren't addressed in the VA exam or the test results they were waiting for.

So, from all the information I have gathered from you guys I need to get a copy of my claim file and medical records and reopen my claim.

However, I still have pain when I walk too much or don’t wear shoes with high arches and no X-ray was taken at my VA exam. I have not sought further treatment at the VA since then.

I was awarded $2,112 and a 10% rating on 10/27/1995 and sent Home Awaiting Orders, then discharged on 12/12/1995. My Denial letter from the DVA was dated 4/16/1997.

The evidence was my service medical records, two VA exams and two private doctor's records. There were no records on file from the Navy Hospital I was in, although I had copies of these records and they were only regarding my Miscarriage.

What forms do I use?

Are they available on this site?

I have a VA Form 21-526 dated October 1993, has it been updated and is this the form I need to submit? Do I need to rehire a Power of Attorney and who?

THANK YOU

Edited by SamNezzer
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I dont get this part:

"I was awarded $2,112 and a 10% rating on 10/27/1995 and sent Home Awaiting Orders, then discharged on 12/12/1995. " then

“Service connection for plantar fasciitis and flat feet has been established as directly related to military service. This condition is evaluated as 0% disabling from 12/13/1995, the day following separation from service as a claim for benefits was received within a year of separation from service. A noncompensable etc"

What rationale did the VA use to explain how a 10% could drop to "0" % in less than two months?

It seems they based that drop in percentage on this:

"The VA exam described the veteran’s feet as having no tenderness over the Achilles tendons nor any tenderness over the plantar surface of the foot. There was no evidence of plantar warts or calluses. Plantar etc"

When did this exam occur?

Yes you need SMRs and VA medical records-

You do not hire a vet rep or a service officer-they are well paid by whoever they work for-

but I suggest you contact a service rep and they will have a POA form for you to sign-

If you had a prior vet rep and are changing this, you need to rescind your former POA by sending them a letter- I would-if I were you- try to get a vet rep whose prganization has an office right in the VARO you deal with.

The 21-526 should never have to be resupplied to the VA-

they have it- what they meed for these claims is more medical evidence and proof of nexus (link) to service on them, except for the foot claim- that nexus is established already.

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That was my problem understanding it too. I don't understand how they could kick me out of the military because I couldn't walk on metal decks with steal shanks in my boots with this condition, so I was told I would be discharged and given a lump sum. I was then advised to file a claim when I was officially discharged, as I did and then I was punished for doing this by reducing my disability %. I appointed the American Legion back then and never recinded it or have heard from them after I just left this all alone in 1997; does the POA still apply? They didn't seem to be much help then and they were in the same building as the DAV.

Now, I was asked to supply the 21-526 initially and then two times later, including again after the official denial letter in 4/1997. That is when I finally gave up and quit!

So is there a form to fill out to request my 0% to be returned to 10% or increased further?

and do I need to fill out a form to supply more medical evidence for the other claims?

LASTLY, I am currently seeking medical treatment for my neck during this whole process, how can I submit a claim for it, if I am collecting new evidence weekly?

I am trying to get in at the VA to seek treatment, as I was told I have a torn rotator as well and need surgery, but presently need Physical Therapy immediately and chiropractic care.

I am currently exhausted all the time and presently having serious issues with this numbness in my extremities and muscle spasms to the point that I have been to the ER2 in the past 10 days and a chiropractor every other day and live on pain killers, muscle relaxers, sleeping pills, nerve medicine and naproxsin. I am just 30 and have now been told I am going to get worse and need to slow this process with therapy and pain management. Not fun to hear for a mother of two small children (9 and 2 years old). I had hoped to live out 70 more years of running on the beach and traveling the world, not living on pain pills and sleeping pills and not moving without pain.

Thank you again, and I can't ever thank you guys enough! I am and was so frustrated and thought I was just insane with this logic and didn't know what to do or how to appeal such an absurd decision based on "no information" or "not yet reviewed results".

Edited by SamNezzer
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Sam

It sounds somehow that when you were initially examined for the PF you may have not had the classic symptoms so they rated you 0%. There is a great website for those who suffer from foot problems like yours. It is www.heelspurs.com . Even with a 0% rating it is likely that your PF will get worse especially since you have flat feet. You need a podiatrist to examine you and write a report saying your condition has worsened.

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Did the VA consider the severance you received from the Navy as offsetting? This may be the case hence the 0 percent evaluation. I would immediatley file for an increase. I would also file for the other claims too.

You need to get a good complete physical examination with xrays of all your problems, If you have insurance it is best to get it done outside the VA.

By the way Sam what was your Navy rating?

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I was an EM3 paygrade E-4.

So, I should go to a private doctor and not the VA for diagnosis and treatment first?

I have insurance and it's a PPO, but it is semi-costly (although who's isn't).

I was thinking I should go to the VA for my service connected issues and have them Xray my feet and do blood work to start and then mention the neck and back. Is that a bad idea?

Because I was reduced to 0%, I have a co-pay at the VA for non-service connected disabilities of $50 instead of $15.

I was hoping to start using the VA clinic for my health care rather than our insurance because we have a $300 deductable and then pay between 10-20% after that is met, plus $35 for prescriptions, whereas the VA charges $8.

Do I need to wait until this is resolved?

What form do I use to file for an increase?

I am trying to find a Service Organization to represent me, but all the links from the DVA website and expired and their phone system is too busy to take calls right now.

Thanks again for all your input, I am researching as much as I can for as long as I can sit at the computer.

I'm in a lot of pain currently, so I really need to get some treatment going, but didn't want to pay so much for it. B)

Thanks again

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