Hadit Elders - You Were Right

[elliottme2]

;) The battle has begun. I talked to my DAV rep today and he said the my claims for pes planus, back, shoulder, neck and shin splints has been decided. I was denied on my back, shoulder, neck and shin splints. I was granted for pes planus but at 0%. For the life of me I can't figure how I was granted 0% for pes planus. It was noted on entrance exam but the doctor at the c&p said it was aggravated by the military plus the history of it in my smr plus have been seen by the VA since I got out and they made me custom orthotics plus sent me to physical rehab. I am shocked right now. Even my 4 year old can play connect the dots. I guess I shouldn't assume the VA is smarter than a 4 year old.

Ok...so what do I do now. I have not receive my official letter yet I am just going by what my DAV rep told me this morning.

I feel like the slow kid in my class just sucker punched me.

[WHOLESALE]

Hi Elliott,

It really depends on your evidence and your individual claim. I have heard of appeals here on hadit taking about 6 months all the way up to many years. Hope for you it's sooner rather than later.

Sincerely, Frank

How long does appeals take? I read on here a really long time.

[jbasser]

Here is a list to follow.

Get the decision and compare the medical part of t he decision to the actual medical records. Look at all MD opinions and VA explanations.

Compare th em closely to find ammo for your NOD. A lot of times they dont even look at certain things that can totally cause a claimto be denied.

File the NOD and at the same time, get a copy of your c file.

It would be wise to get a Hadit Elder to assist you.

J

Edited July 17, 2009 by jbasser

[12R3G]

The VA doesn't have any 4-year olds...or they never played connect the dots. Either way, you have to do it for them.

My uneducated guess is that the rater connected flat feet, but gave a 0% rating as he/she could not determine what % to assign as prior to service, and thus the percent aggravated by service. You won't know until you get rating decision and read the Reasons for Decision section. If that is the case, you'll most likely need an indepentdant medical opinion providing that for the VA.

Before "appealing", gather additional evidence, IMO, etc. and file a reconsideration request. Much faster. You can still NOD later--just don't go past the 1-year point.

While you are getting your IMO (really should be an IME--exam), discuss secondary effects of flat feet. While hips/knees/achilles tendonitis/etc. are common, so are shin spints. I've read, and my PT agrees, that lower back pain can occur or be aggravated by flat feet--has to do with the additional strain and altered movement of muscles compensating for the flat feet and overpronation that goes along with it. If you can't get them SC directly, SC indirectly as secondary to a SC condition: flat feet.

Good luck

Chuck

[sharon]

The VA doesn't have any 4-year olds...or they never played connect the dots. Either way, you have to do it for them.

My uneducated guess is that the rater connected flat feet, but gave a 0% rating as he/she could not determine what % to assign as prior to service, and thus the percent aggravated by service. You won't know until you get rating decision and read the Reasons for Decision section. If that is the case, you'll most likely need an indepentdant medical opinion providing that for the VA.

Before "appealing", gather additional evidence, IMO, etc. and file a reconsideration request. Much faster. You can still NOD later--just don't go past the 1-year point.

While you are getting your IMO (really should be an IME--exam), discuss secondary effects of flat feet. While hips/knees/achilles tendonitis/etc. are common, so are shin spints. I've read, and my PT agrees, that lower back pain can occur or be aggravated by flat feet--has to do with the additional strain and altered movement of muscles compensating for the flat feet and overpronation that goes along with it. If you can't get them SC directly, SC indirectly as secondary to a SC condition: flat feet.

Good luck

Chuck

I have to put my foil hat back on, you are reading my mind ;)

[Pete53]

12R3G gave you good advice along with the others.

Hang in there.

Pete

[elliottme2]

Thank you all for the support. I'm not going to give up. Since my medical file is at the VAro right now what is the fastest way to get copies made of my file.