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.

[john999]

If you have any sort of problem like agent orange DMII then I would file even if only for 10%. File for things that might kill you so your spouse can get all benefits of direct service connected death.