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.

[Stretch]

I was in VN and loading bombs daily. I had a rib cartlidge pulled at the 4th costal junction. I went to sick bay and got a cortizone shot directly into the forth costal junction, being held down by 4 big boys. Pain was gone and I was back up loading again.

After service, the 4th costal junction pain kept reoccuring. Went to the VA and applied for SC. The C&P doctor looked at my chess, drew back and poked in the 6th costal junction. He asked me if that hurt. I said it sure did. I was denied months later.

Years later, after getting my C-file, I found out that the doctor had said that I complained of pain at the 6th costal junction and not the 4th costal juntion, that was in my service medical records, and therefore he could see no evidence in favor of my claim.

This was deliberate misrepresentation of actual conditions solely to deny this claim. Examiner was an actual VA C&P doctor.

Make sure that you see your C&P exam (you can get this information from your FOIA office at the VAMC). Don't find out years later, like I did, about a rotten person doing the exam.

[john999]

If your decision was based solely on the C&P exam you might have a CUE. For instance, you have wound to left leg and VA makes a decision saying you are denied because your right leg is fine that should be a cue if the left leg is not mentioned. I found out 30 years later that the VA had excluded evidence from my rating decision.

[jvretiredvet]

I don't routinely think that way but I guess that a podiatrist would work, so long as he/she provided an opinion based on some objective data rather than hearsay.

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

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?

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

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.

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.

Thank you for the insight and advice. I'll be returning to the podiatrist in about a week after they've made the orthotics and will consult with him on this when I return. On my exit physical they did write that I had told them I was still having issues with my right foot but the original report all indicates the left. I wish I knew then what I know now and I would've paid more attention at the time.

Thanks again!

[mysticcherokee usn vet]

Ya know this stuff is done ON PURPOSE. Its not an oops! They are schooled on how to respond and that is in a manner in which it derails an idividual who might have a case later on, respond one way. If its someone actively pursuing respond another way. ALL to shed a negative light on the "Patient Victim", and thats EXACTLY what we are patient victims, who never asked to play this stupid game to begin with, much less have it steal our lives we were originally set to live free of physical/emotional pain thank you very much!

ITS BS, and someone NEED to let the public know that Obstuctionism is alive and quite well in the VA Claim Process, with the VRO's aiding and abetting left and right IMHO! It just makes me so doggone mad, I want to chew nails, spit rust.. Its so friggin prevalent and is STILL in 2012 a dirty big secret! THATS WHAT WRONG with the wait times, theyre busy coverin g up lie after lie, again my opinion, and its getting to be a heavy load. More than they can keep up with lie after lie.

Ya know I heard it said somewhere that when telling lies, eventually ya have to tell a lie to cover a lie, then tell four more to cover those lies. Eventually yer tellin so many lies ya forget what the original issue was, and yer screwed. THAT MY FRIEN DS IS WHY THE FRGGIN TRUTH IS SO EASY TO REMEMBER!! Theyre having so many problems covering and remembering that eventually they have to give the clim up, UN LESS The Patient Victims expiration date is up and they didnt outlast the myriads of lying arse bureaucrats, that were trying to keep it from happenin g.

THE LAST ONE is what Im afraid of after 30 years, that they will win, and Ill be a spook wandering the earth still looking for justice. Ill bet half the spooks out there are Veterans still wait on a positive decison, JMO! I dont know how those !fCkn@!@?**%!!"s slep at night, but I've a hunch its not with medication like the rest of us brave souls answered the Call for our country. I hate blanket statements, but I hate every one of those faceless bastards, and if theres a hell hope they rot there. Mystic

[john999]

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.

[mysticcherokee usn vet]

Im sorry, Ive had NOBODY I could talk to that understands since I was in. Its a heavy burden as Im sure you know. Please try and understand, dont hold it against me too much. Mystic