Jayg Posted December 7, 2009 Share Posted December 7, 2009 I already posted this on claims research but it seems right to have it here for perpetuity. ;) I finally got secondary conditions to ankle sprain and flat feet approved- rate increased to 80% with IU P&T. I had (thanks to my county VSO) included IU in my claim back in 2005 so we have a good retro coming. :D What a relief, especially for my wife who has struggled so to pay the bills all these bad years. We will actually be able to pay off the mortgage!!! :D Here's my tale--- My IU eed is 1 Aug 2005. My county VSO had me include it in a claim I filed back then. Should be a decent retro. That's why I needed 3 signatures. Some -EXPLETIVE DELETED- (by me) supervisor had my file and wasn't even giving it to any body to sign off on it. Sat on it a couple weeks I think it was. Anyway, a service organization counselor on site at VARO can be an asset. A supervisor, call him "D" with the Texas Veteran Commission had been trying to get that VA -!- to move my file but no-ohh. So D finally goes to the front office and goes over her head. D calls us Wednesday (I think it was, maybe Tuesday) and said he got the go ahead to get the signatures and would hand carry the file through. It's dated Friday and we got it in the mail Saturday. My wife scared me! I was down in the barn and heard her yelling. On the way to the house (via VA scooter) I she her clutching her chest. Of course it was the papers she was clutching and "We've got it!" and such like is what she was yelling. She saw the VARO envelope (white) but thought it was just more forms or something and hadn't even opened it immediately. Anyway, here's what she saw on page 1--- "Your Award Amount and Payment Start Date" (never mind the $ numbers). The key detail was "Individual Unemployability Adjustment,..." and that dated back as mentioned above. That's what set her off. "What We Decided: Degenerative joint disease, lumbosacral spine- 40% Degenerative joint disease, Left knee- 10% Degenerative joint disease, Right knee- 10% Peripheral Neuropathy, Left lower extremity 10% Peripheral Neuropathy, Right lower extremity 10% Degenerative joint disease, Left hip- 10% Degenerative joint disease, Right hip- 10% VA 'fuzzy math' puts me at 80% with TDIU now. "We granted you entitlement to the 100 rate effective Jul 8, 2005 because you are unable to work due to your service connected disability/disabilities." "Basic eligibility to Dependents' Educational Assistance is established from July 8. 2005." At there's the indication of P&T, ain't it? If that don't do it, this surely does- "We enclosed a VA form 21-8760, 'Additional Information for Veterans with service connected Permanent and Total Disabilities." The factors in the decision... "We made a decision on your substantive appeal based on your personal testimony dated March 17, 2009. Evidence... Y'all know the sort of stuff that goes in here. Treatment records and such like. I'll just record some of the specifically notable items... "Copies of the Board of Veteran's appeals decisions pertaining to service connection for bilateral knee and lower back conditions resulting from flat feet and ankle conditions..." "Copies of articles entitled Clinical Assessment of the Human Gait; Ligament Injury, Reconstruction & Osteoarthritis; Osteoarthritis & Cartilage; Hyperpronation: Treating Secondary Conditions; Foot Disorders/Flatfoot; As the Ankle Rolls; Flat Feet Can Cause Significant Problems; Ipsilateral Hip Abductor Weakness After Inversion Ankle Sprain. One major IMO from an MD and a minor ME from a Foot Doctor. Reasons For Decision: Of special Note DJD Lumbosacral spine--- "Based on a review of multiple articles pertaining to the relationship between altered gait,... Photographs of your abnormal shoe wear pattern* as well as a medical opinion by Dr. K---" * Remember that my Lying C&P examiner baldly lied and stated I had no abnormal shoe wear patterns..." It is important to note, here, the the articles and appeal claim results. This feature pretty much repeats on each item. EED I had claimed it a little earlier than the grant but that's because it is awarded as a secondary condition and is dated from establishment of flat feet as service connected. The IU now, It appears that the sole evidence cited was my IMO. Understandable since the medica community is pretty equally divided on the issue of secondary conditions as a result of flat feet. So you need a doctor to say that any personal secondaries are indeed the result of SC conditions. There you have it. :) Link to comment Share on other sites More sharing options...
BoonDoc Posted December 17, 2009 Share Posted December 17, 2009 Congrats on your win...good time of year to be getting it too! Best wishes to you & yours! Boondoc BoonDoc Sailors see the World as 2/3rds full "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted December 17, 2009 Moderator Share Posted December 17, 2009 yup, yup ;) :) B) My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions. Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up. I do not give my consent for anyone to view my personal VA records. Link to comment Share on other sites More sharing options...
halos2 Posted December 18, 2009 Share Posted December 18, 2009 I posted on your other post regarding this grant and will give congrats here again. The Best!! ;) Link to comment Share on other sites More sharing options...
carlie Posted December 18, 2009 Share Posted December 18, 2009 jayg, Congrats again. I like reading good news. carlie Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
Recommended Posts