Podiatry/lumbar Nexus

[cannoncocker]

I found this at below: http://www.hadit.com/forums/lofiversion/in...php/t28304.html

at prompting, I looked at my lumbar injury from another angle, which is claim the lumbar injury, or at least as an option for orgin or aggrevation due to secondary to approved SC podiatry problems which are long term approved SC issues being pes planus (fallen arches) since we can assume my feet were not flat when I was accepted as fit for service: plantar fasciitis, and mitchell procedure surgery during service for buinionectomy (status post bunionectomy with scar) left 10% and right 10% .

Would this be the same for my purposes, which are claiming my lumbar injury was caused by or aggravated by podiatic issues and primarily caused by in service injury which I hav ER notes and Battalion aid station notes, with buddy sytem notes. the additional documentation offered were the NIOSH Lifting Equation being exceeded by field artillery activities.

Could or should I rework this for my IME use to include the above items? Or is there already a prewoked doc, for use to hand to VA Podiatry(shoe inserts/not much else they can do but more surgery) which puts my body out of alignment and the IME?

In my medical opinion, the currently existing medical condition is

__________ Related to

__________ Not related to

__________At least as likely as not related to

an injury, disease, or event occurring during the veteran's military service.

Present Diagnosis: ________________________________________________________

Injury or event occurring during service (as described by veteran or found in other records provided by veteran):

________________________________________________________________________________

_______________

________________________________________________________________________________

_______________

________________________________________________________________________________

________________

____________________________________________

Signed: Physician/PA/FNP Date__________________________________

I understand that the following diagnosis, opinions and statements are not official VA decisions regarding whether I will receive other VA benefits or, if I receive VA benefits, their amount. They may, however, be considered with other evidence when these decisions are made at a VA Regional Office that specializes in benefit decision

Signature of veteran Date _____________________________________________________

Signature and Title of Practitioner Date _________________________________________

Medical Opinions for VARO Claims

********************************************************************************

**************************************************************

How much proof do I need on a claim?

VA law requires the "as likely as not" standard. Doctors are used to stating opinions to a medical certainty. That is a much higher burden of proof. Show your doctor the following chart. It may help.

continunum of causation -- burdens of proof

standard ---------- how much --------- context

as likely as not --------- at least 50% ------- verteran claims

more likely as not---------- more than 50% -----civil trials

clear and convincing------ about 75% ----civil juvenile court

to a medical certainty===about 80%------ court doctor opinion

beyond a reasonable doubt----- about 90%----criminal trials

beyond a shadow of a doubt-----100%------ignorant doctors

How to give an opinion for Nexus (relationship to a military incident)?

When asked to give an opinion as to whether a condition is related to a specific incident during military service, the opinion should be expressed as follows:

1. “is due to” (100% sure)

2. “more likely than not” (greater than 50%)

3. “at least as likely as not” (equal to or greater than 50%)

4. “not at least as likely as not” (less than 50%)

5. “is not due to” (0%)"

Edited September 21, 2009 by cannoncocker

[cannoncocker]

Cancel that please. thank you

[dav_marine72]

Cannon,

This is the letter!

[john999]

I would like to be able to prove that my back problems are due to my SC connected foot problems. My back did not start hurting until my feet were service connected. I don't have flat feet. I have Pes Cavus which is the opposite of flat feet but tends to cause that damn plantar fasciitus. I have PN also due to DMII.

[cannoncocker]

Cannon,

This is the letter!

I put that cancel in because i feel way too guilty to keep on taking like you/john/berta/calie and on and on which is just wrong. I just got youremail and if that doesn't do it it is just because they don't want to. I think it's worth the IME gamble primarily because I am right. It is much easier to win a debate in law or on the corner when yo are absolutely right. Dave thank you for the idea regarding the secondary cause for back problems. I will use the podiatry issues as a back up, since I have plenty of evidence for primary SC cause, but the more the better. If one reason isn't sufficient the other might met their requirements!

john, i had a friend that had extremely high arches which it seems to be what you suffer from. I don't know if that is enough to put your body out of alignment but i know it gave him all sorts of problems, definetly as bad as mine! they did surgery bilateral on me which wasn't for flat feet but dig require them to break both great toes and realign which is the alighnment problem.

I appreciate DAV for pointing the secondary aspect out because the VA may just blow it off but it may well be more ammo for the IMO!

Thank you again DAV! And I don't mean the VSO.

Edited September 21, 2009 by cannoncocker

[jbasser]

Here is a benchmark to compare. It is a BVA grant for a similar condition.

http://www.va.gov/vetapp09/files4/0928757.txt

J

[dav_marine72]

John,

I am SC pes cavus both feet and when they connected my back directly after being out for 5 years without a ton of back evidence during service the examiner stated or could have been my feet that caused my back to degenerate. I have had podiatrists write me letters, and many other medical professionals that now believe my feet caused my L3-S1 back problems. Go after it for 2nd all you need is a nexus letter. Even the VA podiatry people said my feet probably caused my back to degenerate. I had no injury, no trauma. All I did was run and hike up mountains in the Marines saying pain is weakness leaving the body. Then I get out at 23 and the MRI shows L3-S1 gone. They said my lower back looked like a 65 year old man doing hard labor his whole life. Let me know if you need any help. I'm TDIU you and have no problem working with you on this. I need something to do.