Medical Conditions In Va Medical Records Question

[dav_marine72]

Hi All,

I was in the Marines 91-95. I broke my 3rd right metatarsal in boot camp and had a stress fracture in my 3rd left metatarsal in Marine Combat Training right after boot camp. After that I sucked up the pain and discomforts in my feet because in the Marines that's what you do. Prior to entering boot camp I had no medical problems including no feet problems. I played baseball, football, etc. no problems. When I got out I went to Disabled American Veterans and filed for service connections for both feet, asthma, and right testicle pain. That was pretty much the extent of medical problems while in service.

Focusing on the feet only I was service connected for fractures of the 3rd metatarsal for both feet. I was awarded 10% for my right and 0% for my left. At the time life wasn't hell from a medical stand point and I didn't know VA law at all, so I didn't appeal or anything. I was seen multiple times in 1996 and 1997 at a VA medical center and a civilian podiatrist for both my feet. The VA tried hard orthodics and special shoes for me but nothing helped. I am currently on appeal for both feet from 2000 at the BVA. Current diagnosis is severe pes cavus, rigid feet, weak feet bilateral, and severe ankle equinus which basically means severe limitation of my ROM for both my ankles. The VA podiatrist also diagnosed me as having nerve entrapment at the top of both my feet. They are currently getting me new orthodics to try although he is skeptical they will work and utliatemly thinks I will need ankle braces.

Not to add confusion because I want to focus on the feet but I also have a back condition service connection from my feet and a bilateral lower extremity service connection from my back. I am prescribed a cane, back brace, and a rollator for my back because of weakness in my lower extremities and feet. So I had a hearing at the VARO in 2004 for a ton of issues including my feet before the appeal went to the BVA, U.S. Court and now back to the BVA on a joint remand. In the hearing I told the DRO that my problems in my feet were due to the Pes Cavus and ankle instability I have. She said well your only service connected for fractures of your 3rd metatarsal bilaterally so none of that can be considered. She and the DAV rep said I would need to get a nexus letter to try and tie in the conditions to my service connections. I agrued and said I had no problems with my feet prior to the military so as far as I was concerned the VA owned any issues with my feet. My wonderful DAV rep never bothered to check any of my medical records hence why I am not with DAV anymore.

I was diagnosed at a VA medical center podiatry consult with pes cavus and ankle equinus in June of 1996. My DAV rep should have picked this up because I was honorablly discharged on November 11, 1995. Hence June of 1996 was within the 1 year presumption period. So my question is after the BVA looks at this do I need to file for service connection and does this go back to 1996 or the date I file for service connection? I guess it would depend if they included the symptoms in my decision as far as the rating? Anyone have any thoughts? Thanks in advance.

[Berta]

First of all:

"My wonderful DAV rep never bothered to check any of my medical records hence why I am not with DAV anymore."

It is highly unusual for NSOs or reps to actually delve much into medical records.Some Med recs are stacks 3 feet high.

Many probably never even ask to see them -but would want the discharge certificate.

A good vet rep would want to see exactly what they contain for a SC claim.

Your back condition could be found as secondary to the feet problems. You need a strong IMO for that.They wont connect the dots there.

Your civilian piositrist might be willing to help you with a free or low fee IMO for not only higher foot ankle rating but also secondary back due to these conditions.

Then again the back might take a separate IMO as the podiatrist is limited to opine on his field-not sure but he could be asked about that.

There are many awards for back problems directly due to foot and ankle problems.

"I was diagnosed at a VA medical center podiatry consult with pes cavus and ankle equinus in June of 1996. My DAV rep should have picked this up because I was honorablly discharged on November 11, 1995. Hence June of 1996 was within the 1 year presumption period. So my question is after the BVA looks at this do I need to file for service connection and does this go back to 1996 or the date I file for service connection? I guess it would depend if they included the symptoms in my decision as far as the rating? Anyone have any thoughts? Thanks in advance."

If you filed a claim for same thing and they denied and you didnt appeal yopu might have basis for CUE claim.

If you did not file a claim then- your EED however will be the date you filed formal claim for these issues.

The presumptive period for claims filed within one year of discharge- involves the presumptive chronic disabilities-38 CFR 3.309 , 38 USC 1101.

Any claim filed within one year of discharge-if continuously prosecuted, and awarded will have the day after discharge as the EED.

How did your Vet rep know in 1996 of your diagnosis -if he or she did know and were on your POA then they should have advised to file a claim in 1996.

None of these issues will impact on your 100% until they raise to the level that SMC could be inferred and rated.

Unfortunately none of us can access the CAVC remand because you would have to give us your name.

The remand itself might have some key points in it.

Didn't the DRO know you had 100% or did that award come after the DRO review- as she hinged on the hand disability.

[dav_marine72]

Hi Berta,

Sorry failed to leave out I was service connected directly for back and examiner said it could have been secondary to feet also. DAV did have POA from 1996-2004. I think I filed for the ankle and was denied but not for pes cavus. The DAV rep had those exact medical records in his possession. I actually assumed since I was diagnosed in 96 and rated under foot injuries, other they were just taking the pes cavus, etc. into consideration.

I'll have to find the remand but it more focused on the fact I was diagnosed with tarsal tunnel sydrome in 2000 and that my feet were not looked at for possible neurological ratings either alone or with my back.

[Pete53]

My take is he is stressed waiting for VA to do the right thing.I really don't want to take a chance on a Vet who is having a hard time.

If you think he is gaming perhaps and im to clarify is in order?

Pete

[halos2]

You are listed at 100% in your info box so what exactally is your objective with your claim??

[dav_marine72]

Pete not sure if your post was by mistake and meant for another.

Halos2 I have from 2000 - 2009 prior to be TDIU on appeal. 2000-2002 50% 2002-2007 70% 2008 80% 2009 100%

My first order of business is to obtain the ratings I deserve for my service connections. This will of course bring back pay hence the sanity behind it. I also have a good chance of getting 100% schedular in this time frame and would like to get it not only for back pay but so they can't hold TDIU over me. Make sense?

[halos2]

DAV_MARINE72, THANKS FOR CLARIFICATION. GOOD LUCK ON THESE CLAIMS ISSUES TOO.

Pete not sure if your post was by mistake and meant for another.

Halos2 I have from 2000 - 2009 prior to be TDIU on appeal. 2000-2002 50% 2002-2007 70% 2008 80% 2009 100%

My first order of business is to obtain the ratings I deserve for my service connections. This will of course bring back pay hence the sanity behind it. I also have a good chance of getting 100% schedular in this time frame and would like to get it not only for back pay but so they can't hold TDIU over me. Make sense?