Diagnosis At C & P

[Sgt. Wilky]

Hello everyone,

I went to the Air Force doctor when I got back from Iraq in Sept. 2003 for a nasty foot rash. (Bilateral) He said it was an incurable fungus related to athletes foot, but that it wasn't althletes foot. Anyway, in that exam, he asked if I'd had itchy feet before, and I said about two years ago; and of course, he writes that in my record as though I've had this before. However, this new fungus was like athletes foot only 10x worse, and I know exactly how and when I got it. Anyway, I finally put in a claim with the VA, because it's becoming unmanageable and I go in for my C & P exam. The exam went fine, and I thought it was a little funny that she would tell me to put deodorant on my feet. (WTH??) Anyway, she definitely acknowledged that I've got a problem with my feet.

Fast forward five months. I received the dreaded yellow envelope, more than half expecting at least a 0% rating, which I think would be fine. At least I can get meds. I open the envelope, and denied. I go on to read their 'explanation' and it says that the C & P examiner diagnosed me with Hyperhydrosis of the feet. My feet do not sweat profusely. My feet do not require that I change my socks because they're soaking wet. My feet don't even stink! My wife will even admit that! This doctor went against my private dermatologist and the Air Force diagnosis, who both said this fungus was athletes feet on steroids, and came up with a diagnosis on her own. This diagnosis effectively shut down the claim, because this is not a disease of the tropics, or desert, or war time environment. Can the C & P examiners do this?

The findings also stated that since I said I had symptoms 2 years prior, that this was not service connected. 2 Years prior, I had just finished 18 months of training in San Diego, Camp Pendleton, and Fort Sill, OK.

Thanks for any imput!!

Semper Fi,

Matt

[Guest]

C & P examiners are supposed to make a diagnosis, that is what the exam if for. The exam is to determine what your condition is and if it is service related. I would suggest that you try to get into the VAMC dermatology clinic and let them treat your condition, get a diagnosis from them and go from there. You may have to file a NOD.

[gdsnide]

Matt,

I have no idea what U have but I had nail Fungus along with Athletics feet so bad my toeNails would only grow our so far & stop & start building up till where I could feel my boots I had on so I started off using a knife on the damn things & then started using a dremel to grind them off

OK.. What I found out is that "tee tree oil" will get rid of the toe crap & also works on Athletics feet. I have my nail fungus just about cleared up & have had no out breaks of Athletics feet for a long time

I apply this stuff every evening & in the morning & will go down to about 2-3 times a week or what ever is needed once I have it all cleared up

U can buy this stuff at WalMart

GARY

[john999]

It is possible to get IU based on stinking feet. I read that in the VBM. If your feet give off a bad odor that is a handicap to employment.

[Hoppy]

"The findings also stated that since I said I had symptoms 2 years prior, that this was not service connected. 2 Years prior, I had just finished 18 months of training in San Diego, Camp Pendleton, and Fort Sill, OK."

In regards to the symptoms you had two years earlier. Sometimes they throw irrelevant BS into a decision to give the appearance you have a bigger battle than necessary. They could have just mentioned it without specifically stating it was evidence against the claim. If they do consider it significant evidence against the claim they are idiots. The fact that you told them you had a rash two years before is totally irrelevant. There was no diagnosis made at that time by a doctor and the symptoms were not observed and noted in a clinical environment. There is a ton of case law disallowing the VA from using unsupported comments made by veterans to military doctors about conditions that pre-dated service.

You need more medical evidence as identified later in this post. You either need to get a VA doctor to write a nexus letter (they often will not get involved), pay a private doctor to write a nexus letter or try and get a new C&P exam.

Did the military and VA treating doctors describe the symptoms they saw at the time you were in their clinic? Did they associate a diagnosis with the symptoms described?

Did you have a rash the day of the C&P exam? Did the C&P examiner note the general appearance of the rash? Did the examiner indicate that the symptoms of the rash you had the day of the exam were the same as the symptoms noted by the treating doctors and specifically rebut the diagnosis made by the treating doctors?

What the doctor told you in the military might not get you anywhere with the VA. What did the military doctor write in the reports? The VA leans heavily on a diagnosis. If you have an in-service diagnosis that is the same as your post service diagnosis, then you need to get a nexus statement by a doctor who has reviewed the military records If the military doctors wrote in the record general comments about your condition such as it is athletes foot times ten without specific references to the symptoms or making a diagnosis the VA will need a pretty strong statement by a doctor who has reviewed your SMR that the comments by the military doctor more likely than not would represent a diagnosis in the military of the same condition you have now.

If you have not seen a doctor since 2003 it would be a good idea to have the doctor address the issue that it is more likely than not the condition in the military would become a life time battle with peak symptoms and times of remissions that would be so minor that an individual would not be likely to seek treatment.

Depending on the answers to the above questions and if the symptoms of hydration you say you did not have the day of the C&P are necessary for the diagnosis made by the C&P examiner it sounds like the exam was inadequate.

Was the exam done through QTC? I am currently investigating ways to blow the whistle on inadequate QTC exams. It appears QTC has a person whose job it is to investigate complaints regarding inadequate exams and forward the complaints to the QTC medical director (who ever that is). A veteran posting on the board is looking into this right now. If it was a VA hospital doctor then make a request through the patient advocate's office to the director of the hospital for a new exam. The request needs to be supported by showing obvious errors in the procedures used by the C&P examiner. You should also submitt the request for a new C&P to the RO.

Edited September 22, 2011 by Hoppy

[Hoppy]

This diagnosis effectively shut down the claim, because this is not a disease of the tropics, or desert, or war time environment. Can the C & P examiners do this?

My first post was focused on the fact that your claim was not shut down becasue you did have symptoms in the service. If you had symptoms in the service then you do not need to show it was a presumptive disease associated with the tropics, desert etc. I guess you are of the opinion you might qualify for a presumptive foot condition. If so all you need to do is get a diagnosis of that presumptive foot conditon. Va doctors are required to provide you with a current diagnosis.