Med Records List Incorrect Limb.

[K9MAL]

I've been reviewing my VA stuff due to wanting to pursue having my claim looked at and hopefully getting a higher percentage rating for several issues that have become worse over the past couple of years. One thing I noticed after reading carefully was the fact that the Corpsman who looked at my crushed right foot listed it as being my left foot at the time. I'm having major pain with the right one and they turned me down the first time stating that the left foot was the one that was injured.

I've had to have 2 cortisone shots within the past 2 weeks and am now getting orthotics due to the damage and walking incorrectly now. There is constant pain and without the cortisone I can barely walk on my right foot.

Is there anyway to appeal this and have them recognize that the Corpsman made a mistake on the boat and screwed up my records? Also, I believe this will be a nexus issue although I don't know much about it other than reading a few things about it here and there.

Thank you for any and all advice.

[K9MAL]

The facts, as I understand them, are:

a. You incurred a foot injury in service that was documented as the left foot (whether there were X-rays made or continued treatment is unknown). FACT

CORRECT.

b. At your separation physical, you made a comment of continued problems with your right foot; there was no mention of any evaluation at that time. Although you say that this was documented at the separation physical, this becomes HEARSAY because there was no apparent evaluation to confirm any problems. DId you have a problem with the right foot? Or, did you misspeak and instead of left foot you yourself said right foot? Or, did you say left foot and the examiner wrote right foot?

The problem with the right foot is listed on my report of medical history and assessment around the time I was exiting the Navy. The actual incident where my RIGHT foot was crushed with an Argon bottle was documented as being my LEFT foot which is incorrect.

c. You now have a problem with the right foot, which you are currently seeking treatment. FACT.

CORRECT.

THAT'S why I suggested you needed an evaluation of both feet, to exclude in point of fact that there are any ascertainable residual injuries to your left foot so that it becomes obvious that the left foot was not injured, that it was the right foot that was injured, and that the discrepancy was an administrative error.

I'm going to pursue making this happen although I'm not sure who I should go see here locally. I also have several friends I was stationed with at the time who would be willing to write "buddy letters" to confirm what I'm saying is true.

At this point, the facts that you have shared do not objectively support that this was an administrative error. And, as I can't see at this point that "... the evidence is in relative equipoise ...", I can't see how benefit of the doubt comes into play here.

My current rating since 1/2001 is as follows:

Tension headaches with features of migraine - 30%

Right should pain w/limited range of motion/bursitis - 30%

Right ankle injury limiting motion, pain and unstable - 10%

Internal derangment limited motion right knee - 10%

I am going to be trying to have my rating increased on each one of these due to the injuries/condition worsening over time. I have had a knee surgery on the right knee and it continues to get worse along my right ankle and foot. My shoulder is completely shot and worsens every year. My migraines have increased with frequency and are more disabling. Dealing with the physical limitations and pain is depressing enough but staring up at the mountain I now have to climb with the VA seems insurmountable.

My initial rating of 60% was in January 2001, I went through the DAV in Albuquerque and am now in Las Vegas, and now things have gotten much worse and I basically want to be reevaluated or have my ratings raised to what the current levels should be. I'm brand new at this and have just begun to research how to go about doing this so please forgive my ignorance.

[VADDS]

The military does fake or cover up potential evidence of liability. They did in my case when I went for dental exam while in-service for TMJ. The doctor examined me and said "yes, you have a bad case of TMJ and there is no treatment or cure". He then wrote in my notes that I saw him for "An Exam" and that was it. When I tried to file for TMJ the VA said my SMR's were silent on the subject......Denied. This was some years later.

As a 30 year military dentist, I find this comment offensive. To suggest a military medical professional is going to sacrifice his/her integrity for the sake of saving the government from having to pay a hypothetical disability claim somewhere in the future is ludicrous. Military dentists don't know jack and care even less about VA disability claims. The Army dentist who saw you just did a lousy job documenting the findings, nothing more. He didn't have a clue documenting your TMJ symptoms was going to be important to you someday

[jvretiredvet]

Dang, I can never find that "Like Post" button when I need it.

As a 30 year military dentist, I find this comment offensive. To suggest a military medical professional is going to sacrifice his/her integrity for the sake of saving the government from having to pay a hypothetical disability claim somewhere in the future is ludicrous. Military dentists don't know jack and care even less about VA disability claims. The Army dentist who saw you just did a lousy job documenting the findings, nothing more. He didn't have a clue documenting your TMJ symptoms was going to be important to you someday

[mysticcherokee usn vet]

As a 30 year military dentist, I find this comment offensive. To suggest a military medical professional is going to sacrifice his/her integrity for the sake of saving the government from having to pay a hypothetical disability claim somewhere in the future is ludicrous. Military dentists don't know jack and care even less about VA disability claims. The Army dentist who saw you just did a lousy job documenting the findings, nothing more. He didn't have a clue documenting your TMJ symptoms was going to be important to you someday

Well ya shoulda found mine even more so. Its a fact and Ive seen it in writing. Wish I could find that link. FACT, that they practice obstructionism, not JMO.

Yer an e-3 with 30 years in. Must be a typo. Mystic

Edited February 6, 2012 by mysticcherokee usn vet

[john999]

Vadd

I saw the dentist three times while I was in the army. Somebody who might have been a dentist looked at my mouth during my entrance exam. Second, I got a exam for TMJ which never happened according to the military and the VA. Third, I got two teeth pulled by army dentist who made a horrible mess out of my jaw. I am sure you were a great dentist but you can see why I am not fond of army dentists. The only teeth I ever permanently lost were those two teeth the army dentist pulled. I am 62 and have all my teeth except for the ones pulled by that army dentist. My TMJ got worse, and now I have to wear an appliance at night so I don't bite my jaw. Was there really no treatment for TMJ in 1971?

[mysticcherokee usn vet]

yall are promoting me from E-2 to Petty Officer. Will I get more on my scd? If not, I left an E-2 and will stay that way awhile I guess.lol! Mystic