Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
RIVER RAT

Presumption Of Soundness

Question

I had filed a claim for a sparined right ankle in 1990 shortly after my discahrge from active duty. I had 2 exams and for this the last one in 2002, I was denied service connection both times. This was even though the 2002 examiner diagnosed me with a right ankle spain. He had also said "examination reveals very marked (congenital) Pes Planus bilaterally and certainly that could be a cause of his discomfort." This was also used to deny my right knee claim. I went to get a IMO and had that faxed in to the VA, in the mean time I moved away and tried to have my claim follow me but, the denial became final. I see they said "Service connection is not granted for a congenital disabilty and your SMRs do not show aggrivation by service"

Here I am years later I have found that the doctors office where I got my IMO had missed spelled my name and the evidence in support of my claim went into someone elses file. I have had foot issues since my time in the service and the VA podiatrist supplies my custom orthotics. I looked over my SMR to see if Pes planus was ever noted and it was. I had been prescribed orthotics and a heel lift as part of a work up on my right knee. So with this information I submitted a claim for Pes Planus, which the VA turned into me re-opening and renaming my Right Ankle sprain claim(HOW DOES THAT WORK).I thought I was in good shape, I had my documentation SMR, have current diagnosis and treatment (moderate ecessive pronation of STJ in stance and gait, Mild abducted gait, mild genu varum), documentation of Pes Planus in my comp and Pen files along with their X-ray evidence, a letter from my pediatrician that stated she cared for me from birth until a month before my joining the service and she said that she never treated or diagnosed my with Pes Planus( = not congenital). My entry physical state feet as Normal.

I was on this site and noticed a refernce to Wagner v. Principi, §3.304, and Authority: 38 U.S.C. 1111. "(b) Presumption of soundness. The veteran will be considered to have been in sound condition when examined, accepted and enrolled for service except as to defects, infirmities, or disorders noted at entrance into service, or where clear and unmistakable (obvious or manifest) evidence demonstrates that an injury or disease existed prior thereto and was not aggravated by such service. Only such conditions as are recorded in examination reports are to be considered as noted. "

My question is should this apply to my case where it goes back to 1999 and 2002? If it does apply Do I need to bring this to their attention? I feel like me knee claim is also being held because of the"congenital" notation the examiner made in 2002.

Should my Pes planus been lumped into my Ankle claim or should it be its own claim?

Sorry so long but this has been an exhausting and confusing process with no end in sight.

Share this post


Link to post
Share on other sites

Recommended Posts

Yes, I do believe it would apply. They're reopening the claim(s) which sounds correct, w/the new evidence, however I believe you'd be better off to file a CUE claim based on the presumption of soundness error. I also believe the pes planus claim should be on it's own but perhaps also a CUE. jmo

pr

Share this post


Link to post
Share on other sites

Ad

Did the VA acknowledge at all the IMO you had?

If they never mentioned it in any decision, submit it again as new evidence.

I have the same pronation problem-and I need to watch out for sprains so I would think the inservice pes planus aggravated and even caused the sprain.

By all means use Wagner against them.

Your knee problem is certainly quite possibly related to the pes planus.People with pronation can end up with knee,hip and/or back problems.I had a chronic low backache for decades.Nothing medically revealed it's etiology-until I got special orthonics.

I have not had a backache since -unless I do alot of heavy lifting.But many even with orthonics still can have considerable problems. There are plenty of cases at the BVA web site that reveal what I mean.

Years ago I posted here a TDIU award that started out with pes planus and affected the vet's knees, hips and back so much that he was awarded TDIU.

Have you considered getting an additional independent medical opinion to tie these all together?

Edited by Berta

Share this post


Link to post
Share on other sites

Welcome to Hadit

Share this post


Link to post
Share on other sites

Here is a side bar on a so-called congenital issue that the military and VA use to deny benefits which is the concept of personality disorder. If a personality disorder is not noted in your induction exam and three years later the military kicks you out as a PD where is the presumption of soundness? You were presumbed to be OK when inducted and suddenly you develop a PD. How can that be?

Share this post


Link to post
Share on other sites

Here is a side bar on a so-called congenital issue that the military and VA use to deny benefits which is the concept of personality disorder. If a personality disorder is not noted in your induction exam and three years later the military kicks you out as a PD where is the presumption of soundness? You were presumbed to be OK when inducted and suddenly you develop a PD. How can that be?

They will say: You had a Personality Disorder that did not show up until some Drill Instructor started applying psychological pressure at which time the personality disorder that you had had ever since your mother stopped bottle feeding you too early in your childhood...........yada, yada, yada!

Edited by LarryJ

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines